Effective July 1, 2008
The following describes the Terms and Conditions for Use for KidsGive's websites at www.karitokids.com and www.kidsgive.com (collectively referred to as the "KidsGive Websites"). You agree to these terms and conditions when you use or visit the KidsGive Websites. Our Privacy Policy can also be viewed at www.karitokids.com by clicking on Privacy Policy when you're on any page of the website. We will post a link to our revised Terms and Conditions for Use on our home page if there are material changes to our Terms and Conditions for Use. Your continued use of the KidsGive Websites shall constitute your acceptance of any revised Terms and Conditions for Use. If you do not agree to any of these terms, please do not use either of the KidsGive Websites.
These Terms and Conditions for Use apply to all users of the KidsGive Websites, including users who contribute any content, photographs, information, contest entries, and other materials or services on the KidsGive Websites. The KidsGive Websites may contain links to third party websites that are not owned or controlled by KidsGive. KidsGive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. However, KidsGive would like to protect children both under and over 13 from any inappropriate information and therefore is careful in its selection of links to be added to its KidsGive Websites. Despite its best efforts, KidsGive may inadvertently allow a link to a website that does not have appropriate protections in place. If you are aware of a website to which KidsGive is linked and you believe that the website does not have appropriate protections in place, please contact KidsGive at the contact information provided below.
KidsGive reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms and Conditions for Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof in this space. Please review these Terms and Conditions for Use periodically. Your continued use of the KidsGive's Websites following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions for Use. The KidsGive Websites offer a number of services including blogs, Q&A with characters, and user-generated content, Karito Kids membership and more ("Services"). KidsGive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services offered on the KidsGive Websites with or without notice to you. You agree that KidsGive shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all Services.
By using the KidsGive Websites, you expressly relieve KidsGive from any and all liability arising from your use of any third-party website, including the Purchase Website (defined below). KidsGive hereby grants you permission to use the Websites as set forth in this Terms and Conditions for Use, provided that you will not copy or distribute any part of the KidsGive Websites in any medium without KidsGive's prior written authorization, and you will otherwise comply with the terms and conditions of these Terms and Conditions for Use.
Your Member Account
When you purchase a Karito Kids product and you wish to activate the donation to children's charity Plan, you will be asked to create an account if you have not already done so. To create an account, you will be asked for a user name, password, your first name, your e-mail address, your state, your country and zip code (or postal code if outside of the United States). You will also be asked to provide the code number on your product. If you are providing us with information, you must provide accurate, truthful, and current information about yourself, including but not limited to your age.
It is important that you remember your user name and password. KidsGive does retain the user name and password so that KidsGive can provide this to you as long as you provide other information such as an e-mail address to help us identify who you are. However, as stated in the privacy policy, KidsGive will not retain e-mail addresses or other personally identifying information if the child is under 13 unless parental consent is obtained and, even then, only for very specific, limited reasons. Please read the privacy policy by clicking on Privacy Policy for further information on the safeguards in place to comply with the Children's Online Privacy Protection Act ("COPPA").
If you have established a password and a user name, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KidsGive immediately of any unauthorized use of your account or any other breach of security. KidsGive will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by KidsGive or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
User Submissions and Blog Sections
Through certain areas of the KidsGive Websites, KidsGive may allow you to submit (or you may choose to submit) creative materials such as drawings, stories, photographs, thoughts, suggestions, etc. Upon submission by you to the KidsGive Website, all such drawings, stories, photographs, suggestions, designs, concepts or information of any nature (collectively, the "Submissions") shall be deemed to be the property of KidsGive and you will have been deemed to have granted an irrevocable assignment of all rights worldwide in and to such Submissions to KidsGive. By submitting, you will have waived any "moral" or author's rights to the Submissions. KidsGive shall not have any obligations of confidentiality and will have the right to use of the Submissions for any purpose whatsoever, commercial or otherwise, without providing compensation to you. KidsGive also reserves the right not to use a Submission. If Submissions are provided as a result of a contest sponsored by KidsGive, KidsGive shall provide all the rules for such contest at the time it is posted on the KidsGive Website(s).
You acknowledge, consent and agree that KidsGive may access, preserve and disclose your Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions for Use; (c) respond to claims that any Submission violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of KidsGive, its users and the public.
KidsGive will also allow you to post questions and/or comments on various "blog" sections of the KidsGive Websites ("Blog Submission"). As with any other Submission, these thoughts, concepts, suggestions, etc. shall be deemed to be the property of KidsGive and you will have been deemed to have granted an irrevocable assignment of all rights worlwide in and to such Blog Submissions to KidsGive. By submitting, you will have waived any "moral" or author's rights to the Blog Submissions. KidsGive shall have the right but not the obligation to post any Blog Submission. KidsGive shall not have any obligations of confidentiality and will have the right to use of such Blog Submission for any purpose whatsoever, commercial or otherwise, without providing compensation to you. is under no obligation to return any Member Content to you or to acknowledge receipt.
KidsGive will monitor, screen, edit , review or remove any Blog Submission at any time and without notice in KidsGive's sole discretion, if KidsGive believes it will improve the KidsGive Website or if KidsGive believes the Blog Submission to be inappropriate or in violation of these Terms and Conditions for Use. You should also be aware that any Blog Submission posted or submitted to the KidsGive Website will become public and accessible to any visitors to the KidsGive Websites.
Proper Use of the Websites
The KidsGive Websites are provided by KidsGive and are meant to be enjoyed by children of all ages and their parents. KidsGive wishes to maintain a safe and protective environment. Therefore, the KidsGive Websites may not be used to:
1. Submit or transmit any Submission that is defamatory, abusive, harassing, threatening, violent, vulgar, obscene, sexually explicit, illegal or encourages illegal behavior, hateful or offensive in any way.
2. Submit or transmit any Submission that infringes or violates any right of a third party including, but not limited to, copyright, patent, trademark, trade secret or other proprietary rights, right of privacy, or any obligation of confidentiality.
3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Submissions for commercial purposes of any kind, or (b) use any product or service available on the Websites (including, without limitation, electronic greeting cards, e-mail functions such as send-a-friend e-mails) for commercial purposes of any kind;
4. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. Sell, trade or barter any virtual currency or other items, if any, earned through the KidsGive Website.
6. Misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
7. Disrupt another person or entity's use of the KidsGive Websites.
8. Attempt to get around the security and other protections placed on the KidsGive Websites.
9. Attempt to activate a donation on the KidsGive Website by using a fraudulent code.
10. Engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
We cannot and do not assure that other users are or will be complying with the rules stated above or any other provisions of these Terms and Conditions for Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
KidsGive reserves the right to exclude anyone from the KidsGive Websites because of the user's failure to comply with the above rules (even if such rules are amended) or other terms and conditions within this Terms and Conditions for Use.
Intellectual Property Rights
The content on the Websites, including without limitation, the text, software, scripts, graphics, illustrations, characters, photographs, sounds, videos, articles, and the like ("Content"), the trademarks, service marks and logos contained therein ("Marks"), and any software and documentation accessed through the KidsGive Websites ("Software") are owned by or licensed to KidsGive, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content and Software are provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of KidsGive. KidsGive reserves all rights not expressly granted in and to the KidsGive Websites, Content, Marks and Software. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
Warranty Disclaimer
You agree that your use of the KidsGive Websites shall be at your sole risk. To the fullest extent permitted by law, KidsGive, its affiliated companies, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the KidsGive Websites and your use thereof. KidsGive makes no warranties or representations about the accuracy or completeness of the KidsGive Websites' content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our KidsGive Websites, (iii) any unauthorized access to or use of our secure servers, (iv) any interruption or cessation of transmission to or from our KidsGive Websites, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Websites by any third party, and/or (v) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content and/or Submissions posted, emailed, transmitted, or otherwise made available via the KidsGive Websites. KidsGive does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the KidsGive Website or any hyperlinked website or featured in any banner or other advertising (except that KidsGive does warrant its own product sold by third parties as set forth under its standard warranty statement), and KidsGive will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall KidsGive, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Websites, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Websites, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Websites by any third party, (v) any loss or modification of any virtual currency or points earned by the user on the KidsGive Website; and/or (vi) any errors or omissions in any Content and/or Submissions or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the KidsGive Websites, whether based on warranty, contract, tort, or any other legal theory, and whether or not KidsGive is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that KidsGive shall not be liable for Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The KidsGive Websites are controlled and offered by KidsGive from its facilities in the United States of America. KidsGive makes no representations that the KidsGive Websites are appropriate or available for use in locations other than the United States and Canada. Those who access or use the KidsGive Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You will indemnify and hold KidsGive (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms and Conditions for Use, or your violation of any law or the rights of a third party.
Modifications to Web Site
KidsGive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the KidsGive Websites (or any part thereof including without limitation any virtual currency or points earned by you) with or without notice. You agree that KidsGive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the KidsGive Websites (or any part thereof including without limitation any virtual currency or points earned by you).
Voting with Your World Change
As a user of the KidsGive Website found at karitokids.com, you will be able to play games and earn a virtual currency called "World Change." This World Change will allow you to vote on which causes will receive donations made by KidsGive. KidsGive may at any time take away your virtual currency or change the amount of virtual currency that can be earned by you or the method in which or rate at which it is earned.
General
You agree that: (i) the KidsGive Websites shall be deemed solely based in California; and (ii) the KidsGive Website shall be deemed a passive website that does not give rise to personal jurisdiction over KidsGive, either specific or general, in jurisdictions other than California. The Terms and Conditions for Use will be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law. Any controversy, dispute or claim arising out of or related to the Terms and Conditions of Use or breach of the Terms and Conditions for Use shall be settled solely by confidential binding arbitration by a single arbitrator in accordance with the commercial arbitration rules of JAMS in effect at the time the arbitration commences. The award of the arbitrator shall be final and binding. No party shall be entitled to, and the arbitrator is not authorized to, award legal fees, expert witness fees or related costs of a party. The arbitration shall be held in Los Angeles County, California. KidsGive shall not be responsible for delays or failures (including any delay by KidsGive to make or not make available any Submissions). These Terms and Conditions for Use, together with the Privacy Policy (which can be viewed by going to the home page of www.karitokids.com) and any other legal notices published by KidsGive on the Website, shall constitute the entire agreement between you and KidsGive concerning the Website. If any provision of these Terms and Conditions for Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions for Use, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions for Use shall be deemed a further or continuing waiver of such term or any other term, and KidsGive's failure to assert any right or provision under these Terms and Conditions for Use shall not constitute a waiver of such right or provision. KidsGive reserves the right to amend these Terms and Conditions for Use at any time and without notice, and it is your responsibility to review these Terms and Conditions for Use for any changes. Your use of the KidsGive Website following any amendment of these Terms and Conditions for Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or related services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Thank you for your use of our the KidsGive Websites and please contact us with any questions.
You may contact us at:
1-877-KIDSGIV (1-877-543-7448)
5757 W. Century Blvd., Suite 800, Box 8
Los Angeles, CA 90045
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