The
PoliteChild Inc.
Terms of Use
READ THE
FOLLOWING TERM AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING
OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND
BY THE AGREEMENT.
1. COPYRIGHT
NOTICE. Copyright (C) 2002-2004 The PoliteChild, Inc. All Rights Reserved.
2. LICENSE
GRANT & OWNERSHIP BY THE POLITECHILD.
a. License. Subject to the terms and conditions of this Agreement, and
until termination of the Agreement, The PoliteChild grants you a non-exclusive,
non-transferable, limited license to view or print the Content in this
Site without alterations, for personal, non-commercial use only. This
limited license does not apply to any media or platform other than that
of the current Site.
b. Ownership. All Content on the Site is (and shall continue to be) owned
exclusively by The PoliteChild or Others, and is protected under applicable
copyrights, patents, trademarks, and/or other proprietary rights, and
the copying, redistribution, use or publication by you of any such Content
or any part of the Site is prohibited. Under no circumstances will you
acquire any ownership rights or other interest in any Content by or through
your Site Use.
3. RESTRICTIONS
ON USE
a. Prohibited Acts. Concerning your Site Use or any Content, you agree
not to knowingly: (i) use any device, software or technique to interfere
with or attempt to interfere with the proper working of the Site; (ii)
post or transmit to the Site any unlawful, fraudulent, harassing, libelous,
or obscene Information of any kind; (iii) post or send to the Site any
Information that contains a virus, bug, or other harmful item; (iv) publish,
perform, distribute, prepare derivative works,
copy, reverse engineer, or use the Content (other than as expressly permitted
herein); (v) post or transmit into or on the Site any Information in violation
of another party's copyright or intellectual property rights; (vi) take
any action which imposes an unreasonable or disproportionately large load
on The PoliteChild's infrastructure; (vii) redeliver any of the Content
using "framing", hyperlinks, or other technology without The
PoliteChild's express written permission; or, (viii) use any device or
technology to provide repeated automated attempts to access password-protected
portions of the Site. b. Right to Regulate &: Law Compliance. You
acknowledge that The PoliteChild has the right, but no obligation, to
monitor the Site and to disclose any Information necessary to operate
the Site, to protect The PoliteChild, Others, and The PoliteChild's customers,
and to comply with legal obligations or governmental requests. The PoliteChild
reserves the right to refuse to post or to remove any Information on the
Site, in whole or in part, for any reason. Law Compliance. You agree to
comply with all governmental laws, statutes, ordinances, and regulations
(including unfair competition, anti-discrimination or false advertising)
regarding your Site Use.
4. YOUR SITE
USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected
areas of the Site, you agree to keep your password confidential, to send
Notice to The PoliteChild within 24 hours if your password is compromised.
You acknowledge that The PoliteChild neither endorses nor is affiliated
with any Linked-Site and is not responsible for any information that appears
on the Linked-Site. You acknowledge that (i) the internet is a network
of computers worldwide, and that any Information submitted by you to The
PoliteChild necessarily is routed via third party computers to The PoliteChild,
(ii) The PoliteChild is not responsible for lapses in online security
and does not assume liability for improper use of your Information by
a third party.
5. SUBMISSIONS
OF INFORMATION BY YOU
Grant of License to The PoliteChild. If you submit Information to the
Site, you grant The PoliteChild a nonexclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented)
link to, utilize, use, copy, exploit, and prepare derivative works of
the submitted Information. No Information you submit shall be deemed confidential.
However, The PoliteChild agrees to use your Information in accordance
with The PoliteChild's Privacy Policy applicable to personally identifiable
user data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL
PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO THE POLITECHILD.
6. APPLICABILITY
& COOPERATION
The PoliteChild reserves the right to limit the provision of any product
or service to any person, geographic area or jurisdiction as it so desires,
or as required by law. The PoliteChild in its sole discretion may add,
delete or change the Content at any time, without notice to you.
7. RESTRICTED
RIGHTS & EXPORT CONTROLS
Government Use. The software and documentation available on the Site are
"commercial items," as that term is defined in 48 C.F.R. 2.101
(October 1995), consisting of "commercial computer software"
and related documentation, as such terms are used in 48 C.F.R. 12.212
(September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. government end users acquire
the software and documentation with only those rights set forth herein.
You acknowledge and agree to comply with all U.S. laws, regulations and
requirements applicable to the export of U.S. origin products and technology.
8. LIMITED
WARRANTY AND DISCLAIMER
a. DISCLAIMER OF WARRANTY. THE POLITECHILD AND ALL CONTENT PROVIDERS MAKE
NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE,
AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS
"AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM
ALL WARRANTIES BY THE POLITECHILD RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE
THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE
OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS,
TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE
MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT
PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE,
YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT
IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under
certain laws (including consumer laws) which do not allow the exclusion
of implied warranties, or the exclusion or limitation of certain damages.
If these laws apply to you, the exclusions or limitations in this Agreement
that directly conflict with such laws may not apply to you.
9. CONTACTING
THE POLITECHILD. Should you desire to contact The PoliteChild, you may
do so at: The PoliteChild, Inc., 16818 140th Ave. NE, Suite C, Woodinville,
WA 98072. Email. Legal@PoliteChild.com.
10.MISCELLANEOUS
a. Location& Interpretation. The language in this Agreement shall
be interpreted as to its fair meaning and not strictly for or against
any party.
b. Equitable Relief. You acknowledge that any breach by you of the provisions
of the Agreement will cause irreparable damage to The PoliteChild or Others
and that a remedy at law will be inadequate. Therefore, in addition to
any and all other legal or equitable remedies, The PoliteChild and Others
will be entitled to injunctive relief for any breach of this Agreement.
c. Severability. In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction to
be unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable.
d. Complete Integration. This Agreement constitutes the entire agreement
between you and The PoliteChild pertaining to the subject matter hereof.
You agree to review this Agreement prior to any Site Use, and each Site
Use by you shall constitute and be deemed your unconditional acceptance
of this Agreement. This Agreement may be prospectively modified by The
PoliteChild, by posting a revised Agreement on the Site.
e. Termination. The Agreement may be terminated by either Party, in its
sole and absolute discretion, at any time and for any reason (with or
without cause), with or without notice. If the Agreement is terminated,
you agree to cease all Site Use and, upon request by The PoliteChild,
to return all Information in your possession relating to the Site, and
all copies thereof.
f.
Survival of Certain Provisions. Any and all provisions or obligations
contained in this Agreement which by their nature or effect are required
or intended to be observed, kept or performed after termination of this
Agreement will survive the termination of this Agreement and remain binding
upon and for the benefit of the parties, their successors and permitted
assignees.
g. Waiver. No delay or omission to exercise any right or remedy accruing
to The PoliteChild upon any breach or default by you shall constitute
a waiver by The PoliteChild of any breach or default.
h. Headings. All article or section headings, or exhibit names, are for
reference and convenience only and shall not be considered in the interpretation
of the Agreement.
i. No Agency. You and The PoliteChild are independent contractors, and
no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
j. Conflicts. If this Agreement conflicts with a provision of any other
contract between you and The PoliteChild relating to the Site, the provision
in such other Agreement shall govern.
11. GLOSSARY
The following terms, when used in this Agreement, shall have the following
meanings.
"Content". The term "Content" means all Information,
data, or other material, in any form or media, contained in, obtained
from, or relating to the Site, including all results obtained from the
Site.
"Content Providers". The term "Content Providers"
means both The PoliteChild and Others.
"Information". The phrase "Information" includes all
data, information, documents, files, personally-identifying information,
and software disclosed by one party to the other in connection with the
Site or your Site Use.
"Linked-Site". A "Linked-Site" means any internet
site (including all information, data, and content thereon) that is linked
to the Site, but not owned by The PoliteChild.
"Notice". The phrase "Notice" refers to the sending
of Information by you to The PoliteChild via certified mail, return receipt
requested, to The PoliteChild at the address noted in section 10 above.
"Others". The terms "Others" means The PoliteChild's
direct or indirect licensors, The PoliteChild's affiliates, or other contributors
to the Site (other than The PoliteChild).
"Privacy Policy". The phrase "Privacy Policy" refers
to The PoliteChild's official published privacy policy, if any, describing
The PoliteChild's intended uses of your personally identifiable Information.
"Site". The term "Site" means any The PoliteChild
internet site, page (and all sub-pages), uniform resource locator ("URL"),
domain location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of
or access to the Site.
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Copyright © 2004 The PoliteChild Inc. All rights reserved.
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