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Website Disclaimer
The KidsAtStake.org Web Site (the "Site") is an online
information service provided by ("KidsAtStake.org"),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
KidsAtStake.org MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks
are KidsAtStake.org, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to KidsAtStake.org a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to KidsAtStake.org by
all means and in any media now known or hereafter developed. You also
grant to KidsAtStake.org the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
KidsAtStake.org for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
KidsAtStake.org.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
KidsAtStake.org. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by KidsAtStake.org, KidsAtStake.org does not
operate, control or endorse any information, products or services on the
Internet in any way. Except for KidsAtStake.org - identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third parties,
that are not affiliated with KidsAtStake.org a. You also understand that
KidsAtStake.org cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and
the internet. KidsAtStake.org provides the site and related
information "as is" and does not make any express or implied warranties,
representations or endorsements whatsoever (including without limitation
warranties of title or noninfringement, or the implied warranties of
merchantability or fitness for a particular purpose) with regard to the
service, any merchandise information or service provided through the
service or on the internet generally, and KidsAtStake.org shall not
be liable for any cost or damage arising either directly or indirectly
from any such transaction. it is solely your responsibility to evaluate
the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the service
or on the internet generally. KidsAtStake.org does not warrant that
the service will be uninterrupted or error-free or that defects in the
service will be corrected.
You understand further that the pure nature of the internet contains
unedited materials some of which are sexually explicit or may be
offensive to you. Your access to such materials is at your risk.
KidsAtStake.org has no control over and accepts no responsibility
whatsoever for such materials.
Limitation of Liability
In no event will KidsAtStake.org be liable for (i) any
incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business interruption, loss of
programs or information, and the like) arising out of the use of or
inability to use the service, or any information, or transactions
provided on the service, or downloaded from the service, or any delay of
such information or service. Even if KidsAtStake.org or its
authorized representatives have been advised of the possibility of such
damages, or (ii) any claim attributable to errors, omissions, or other
inaccuracies in the service and/or materials or information downloaded
through the service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. In such states,
KidsAtStake.org liability is limited to the greatest extent
permitted by law.
KidsAtStake.org makes no representations whatsoever about any
other web site which you may access through this one or which may link
to this Site. When you access a non-KidsAtStake.org web site,
please understand that it is independent from KidsAtStake.org, and
that KidsAtStake.org has no control over the content on that web
site. In addition, a link to a KidsAtStake.org web site does not
mean that KidsAtStake.org endorses or accepts any responsibility
for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
KidsAtStake.org, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of KidsAtStake.org and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6. Miscellaneous.
KidsAtStake.org does not make any representation that materials in the Site are
appropriate or available for use in other locations. Those who choose to access
this site from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by, construed and enforced in
accordance with the laws of the State of California, as it is applied to
agreements entered into and to be performed entirely within such State.
Any action you, any third party or KidsAtStake.org brings to enforce these
Terms and Conditions or, in connection with, any matters related to this
site shall be brought only in either the State or Federal Courts located
in San Diego County, CA, and you expressly consent to the jurisdiction of said courts.
7. Other.
Any rights not expressly granted herein are reserved. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the entire agreement
between the parties relating to the matters contained herein.
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