Web Site Terms and Conditions of Use
Please read these Terms and Conditions (“Terms”) carefully before using the Parent Co. Site (“Site”) and any other Parent Co.-related sites, communications, capabilities and services (collectively, the “Services”) accessible on any domain owned and operated by Kids2, Inc. (“Parent Co.”, “us”, “we”, or “our”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Site or Services in any manner you agree that (1) you have read and familiarized yourself with this Agreement, (2) you understand the Agreement, and (3) you are bound by the Agreement in your use of the Site. You are entering into this Agreement with Parent.co, to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Modification of These Terms and Conditions
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Site signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Site will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
Who Can Use the Site
The Services are not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Services offered by us. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Services or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Services for any reason or for no reason, in our sole discretion.
Parent Co. is a digital publication for people who are committed to raising great kids and provides inspiring stories about parenthood. Our Services may include blog posts, guest articles, or other content or features related to parenthood. We may deliver information to you via our Site or through other means.
Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other content to the Site by electronic mail, postings on the Site, or other social network platforms operated by Parent Co., including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission and you grant Parent Co. a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Parent Co. may choose to provide attribution of your comments or reviews at our discretion. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post content, messages, materials or other items on the Site (“Interactive Areas”). If Parent Co. provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including Parent Co. or Parent.co;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or
- Submissions or links to content that, in the sole judgment of Parent Co., (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) exposes or could expose Parent Co. to any harm or liability of any type.
Parent Co. takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Parent Co. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Parent Co. is not liable for any statements, representations or Submission provided by its Users in any public forum, personal home page or other Interactive Area. Although Parent Co. has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, Parent Co. reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Parent Co. or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release Parent Co., and its licensees, successors and assigns, from any claims that you could otherwise assert against Parent Co. by virtue of any such moral rights.
Any violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. See “Termination”, below.
User Conduct and Obligations
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content, is proprietary to Parent Co. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Additionally, you agree not to:
- Provide false or misleading information about yourself to Parent Co., impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;
- Collect information about other visitors to the Parent Co. Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
- Probe, scan, test the vulnerability of or breach the authentication measures of the Site or any related web pages, networks or systems;
- Use any robot, spider, scraper, deep link or other automated or manual means to access the Site, or copy and/or redistribute any content, information or software on the Site;
- Manipulate or otherwise display the Site by using framing, creating deep-links to the Site by bypassing the Site’s home page, mirroring or similar navigational technology or directly link to any portion of the Site other than the main home page;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Parent Co. in connection with the Site;
- Input or upload to the Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or information or that infringes the intellectual property rights of another;
- Use or access the Site in any way that, in Parent Co.’s sole judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site, including but not limited to any action that imposes, or may impose, in Parent Co.’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; and
- Engage in, perform or conduct any of the prohibited actions or activities identified below under “Reviews, Comments and Use of Other Interactive Areas.”
Except for public domain material, the Site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Site while connected to the Site (including, where available, to email individual Content to others directly from this site). You are also granted a limited license to print one copy of any Content posted at the Site, but only for your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Site in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us.
In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Site. Parent Co. tries to ensure that the Content is accurate and complete. Your use of the Site is at your risk. Parent Co. does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. Parent Co. and its suppliers make no warranties about the Content or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Parent Co. reserves the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Site, you acknowledge, agree and confirm that Parent Co. is not liable to you or any third party for any such withdrawal.
Site Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Site. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to [email protected] with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Parent Co. Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Parent Co. and we accept no responsibility for any such third party opinions and views.
When you visit the Site or send or accept electronic messages through the Site, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Site. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at [email protected].
If our hardware or software requirements change, we will post to the Site notice of the revised hardware or software requirements. Continuing to use the Site after receiving notice of the changes to the Site is reaffirmation of your consent.
Digital Millennium Copyright Act Notice
Parent Co. respects the intellectual property rights of others. Parent Co. may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at the Site, or other social network platforms operated by Parent Co., in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act. Our agent for notice of claims of copyright infringement on or regarding the Site can be reached by mail: Kids2, Inc., 3333 Piedmont Road, Suite 1800, Atlanta, Georgia, 30305, U.S.A.
Your notice must satisfy the requirements of the DMCA and include the following information:
(i) Your name, mailing address, and email address;
(ii) A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
(iii) A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
(iv) A statement that You have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
(v) A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
(vi) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Limitation of Liability
IN NO EVENT SHALL PARENT CO. BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, INTERACTIVE AREAS, OR PARENT CO.’S SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARENT CO. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Please note that applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you.
Disclaimer of Warranties
The material on this Site could include technical inaccuracies or other errors. Your use and browsing of this Site is at your own risk. Neither Parent Co. nor any other party involved in creating, producing or delivering this Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Parent Co. does not warrant that the functional aspects of this Site will be uninterrupted or error free or that this Site or the server that makes it available are free of viruses or other harmful components. If your use of this Site or the material contained on the Site results in the need for servicing or replacing property, material, equipment, or data, Parent Co. is not responsible for those costs.
PARENT CO. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY PARENT CO. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. PARENT CO. DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM PARENT CO., ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARENT CO. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You agree to defend and indemnify Parent Co. and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:
- Your breach of this Agreement;
- Your violation of any law or the rights of a third party; or
- Your use of this Site.
You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge Parent Co. and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site.
You agree that Parent Co., in its sole discretion, may terminate or suspend your use or access to the Site, Interactive Areas, Submissions, and Services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of Submissions. Accessing the Site, Interactive Areas, Submissions, and Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Parent Co. shall not be liable to you or any third party for any termination or suspension of your access to the Site, Interactive Areas, Content, information, and services.
Third Party Services and Content
The Site may contain links to Sites, pages, accounts or other electronic media owned or controlled by parties other than Parent Co. Such links are provided for your reference and convenience only. We do not control such Sites and are not responsible for their contents or the privacy or other practices of such Sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other Sites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such Sites does not imply any endorsement of the material on such Sites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Parent Co. to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Copyright and Trademark Notices
All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Site (collectively, the “Marks”) are the property of Kids2, Inc., Parent Co. or its licensors, content providers or other third parties. Nothing in these Terms and Conditions or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of Parent Co. or the owner of the Mark. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Parent Co. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Parent Co. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Parent Co.
If you are aware of an infringement, please let Parent Co. know by contacting us via phone or email at [email protected].
You agree to use the Site in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of Parent Co., negatively reflect on the goodwill or reputation of Parent Co. and shall take no actions that would cause Parent Co. to be in violation of any laws, rules, rulings or regulations applicable to Parent Co.
Parent Co. and the Site are based in the United States. Parent Co. controls and operates this Site through its headquarters in Atlanta, Georgia, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. This Site may describe products that are not available worldwide. If any provision of these terms or conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
Parent Co. makes all reasonable attempts to keep the information on this Site updated, complete, and accurate. The information is intended for general purposes and nothing contained in this Site is intended to be used as medical advice.
Parent Co. reserves the right to investigate any suspected breaches of its Site security or Terms and Conditions and involve law enforcement authorities in investigating any such matters and prosecute violators to the full extent of the law.
These terms constitute the entire agreement between you and Parent Co. regarding your use of this Site. The failure of Parent Co. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Arbitration Agreement – Legal Disputes
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services from Parent Co. will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Parent Co., Attn: General Counsel, 3333 Piedmont Rd, Suite 1800, Atlanta, GA 30305. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Parent Co. may sure for attorney’s fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PARENT CO. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Georgia, USA, without regard to the principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the State of Georgia.
Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fulton County, Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Fulton County, Atlanta, Georgia for any litigation other than small claims court actions, and irrevocably consent to personal jurisdiction in Fulton County, Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site and (b) any acts or omissions of Parent Co. in connection with these Terms and conditions or the Site.
How to Contact Parent Co.
If you have any questions or comments about the Agreement, or your dealings with the Site, please contact us by email sent to [email protected] or by mail at 3333 Piedmont Rd, Suite 1800, Atlanta, GA 30305, U.S.A.