The following terms and conditions govern all uses of Little Miss Kindergarten/Mrs. Coe, and all content, services and products available at or through the Web sites and related offerings (collectively referred to here as the “Site”). The Site is owned and operated by Little Miss Kindergarten/Mrs. Coe and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site (collectively referred to here as the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old.
1. Contributions. If you comment, post material, post links or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video, file, computer software or material in another format. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or anything else that is harmful or destructive;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, Little Miss Kindergarten/Mrs. Coe has the right (though not the obligation) to, in Little Miss Kindergarten/Mrs. Coe’s sole discretion (i) refuse or remove any content that, in Little Miss Kindergarten/Mrs. Coe’s reasonable opinion, violates any Little Miss Kindergarten/Mrs. Coe policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Little Miss Kindergarten/Mrs. Coe’s sole discretion.
2. Responsibility of Site Visitors. Little Miss Kindergarten/Mrs. Coe has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Little Miss Kindergarten/Mrs. Coe does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Little Miss Kindergarten/Mrs. Coe disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Sites. Little Miss Kindergarten/Mrs. Coe has not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which the Site links, and that link to the Site. Little Miss Kindergarten/Mrs. Coe does not have any control over other web sites and web pages, and is not responsible for their contents or their use. By linking to a web site or web page, Little Miss Kindergarten/Mrs. Coe does not represent or imply that it endorses such web site or web page. Little Miss Kindergarten/Mrs. Coe disclaims any responsibility for any harm resulting from your use of such web sites and web pages.
4. Copyright Infringement. As Little Miss Kindergarten/Mrs. Coe asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Little Miss Kindergarten/Mrs. Coe in accordance with the Digital Millennium Copyright Act. Little Miss Kindergarten/Mrs. Coe will respond to all such notices, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Little Miss Kindergarten/Mrs. Coe or others, Little Miss Kindergarten/Mrs. Coe may, in its discretion, terminate or deny access to and use of the Site.
5. Intellectual Property. This Agreement does not transfer from Little Miss Kindergarten/Mrs. Coe to you any intellectual property of Little Miss Kindergarten/Mrs. Coe or a third party, and all right, title and interest in and to such property will remain (as between the parties) solely with Little Miss Kindergarten/Mrs. Coe. All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Little Miss Kindergarten/Mrs. Coe or Little Miss Kindergarten/Mrs. Coe’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Little Miss Kindergarten/Mrs. Coe or third-party trademarks.
6. Changes. Little Miss Kindergarten/Mrs. Coe reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Little Miss Kindergarten/Mrs. Coe may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. Little Miss Kindergarten/Mrs. Coe may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site.
8. Disclaimer of Warranties. The Site is provided “as is.” Little Miss Kindergarten/Mrs. Coe and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Little Miss Kindergarten/Mrs. Coe nor its suppliers and licensors make any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
9. Limitation of Liability. In no event will Little Miss Kindergarten/Mrs. Coe, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Little Miss Kindergarten/Mrs. Coe under this agreement during the twelve (12) month period prior to the cause of action. Little Miss Kindergarten/Mrs. Coe shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.