Terms

Welcome to Kidtalker.com, a website for parents. This website (the “Site”) is owned and operated by Kidtalker™, (”we,” “us,”"our” or “Kidtalker”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By accessing and using this Site and the pages of this Site, you are hereby agreeing to be legally bound by the terms of use now and in the future. By using this Site, you are agreeing with all of the following terms and conditions. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof, so please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

Privacy Policy
At Kidtalker, we respect your privacy. Please read our Privacy Policy before using the Site so we can inform you on how we collect, use, and disclose your personal information.

Registration and User Conduct
In order to use the Site, you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. If you are a person under the age of 18 or the legal age to form a binding contract in your jurisdiction, you can use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not meet the requirements above you may not use the Site. In compliance with federal law, we will never knowingly request or maintain personally identifiable information from anyone under the age of 13. You represent that the information that you provide about yourself is true, accurate and complete. You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You will not provide any false personal information on Kidtalker or create an account for anyone other than yourself without permission. You may not use the Site if you are a convicted sex offender. We have the right (but not the obligation) to remove, edit, block, or delete any user’s transmissions, user’s Content, or use of the Site for any reason whatsoever, or no reason. We also have the right (but not the obligation) to suspend or terminate your access to the Site or other parts of the Site, or delete information you have posted to the Site, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Rules, (c) is offensive to other users, (d) violates the rights of Kidtalker or third parties, or (e) could cause Kidtalker liability. If Kidtalker believes your Registration information is inaccurate or incomplete, we may suspend or terminate your account.

Ownership of Intellectual Property
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Kidtalker and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Kidtalker hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Kidtalker. Use of Kidtalker and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Submissions/Posts/Comments/Blogs/Chatroom/Forums
To the extent that portions of this Site provide users an opportunity to post, submit, and/or comment and exchange information, ideas and opinions (the “Content”), please be advised that Content does not necessarily reflect the views of Kidtalker. In no event shall Kidtalker assume or have any responsibility or liability for any postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information they contain and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. By submitting or sending Submitted Content to us, you: (i) represent and warrant that the Submitted Content are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Content have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Content (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Content that you provide to us, and we may delete or destroy any such Submitted Content at any time. Without limiting the foregoing, Kidtalker will have the right to use and change the Content in any manner that Kidtalker may determine. You acknowledge and agree that Kidtalker has the right (but not obligation), at our discretion, to refuse to publish, or to remove, or to edit, at any time and for any reason, with or without notice to you. You understand that by using the Site you may be exposed to content that is offensive or objectionable. Kidtalker is not responsible or liable in anyway for any Content, including, but not limited to, errors, omissions, and/or any loss or damage as a result of the use of any Content posted, downloaded or emailed or transmitted through the site. Kidtalker does not guarantee the accuracy, availability, security or the quality of such Content without limitation, we are not responsible for the content posted on or transmitted through this site. You use this site at your own risk.

This Site asks that you adhere to the following Rules of Conduct and you agree that your use of and conduct on the Site (including any forum, message board, chat or other communication feature), your user contributed content will be lawful and WILL NOT:


This Site asks that you adhere to the following Rules of Conduct and you agree that your use of and conduct on the Site (including any forum, message board, chat or other communication feature), your user contributed content will be lawful and WILL NOT:

• post unlawful, misleading, malicious, or discriminatory posts.
• reveal private or personal information which might identify a user or    individual, including another person’s address, phone number,e-mail    address,credit card number or any information
   that may be used to track, contact or impersonate that individual.
• have profanity or obscenities or explicit content.
• have postings of slanderous, defamatory, obscene, pornographic, threatening    and harassing comments or have postings that contains nudity or violence.
• have advertising or solicitation of any kind for monetary or personal gain    (including petitions or fundraising) or posting of any information intended to    promote and/or generate revenue for any third party business activity.
• use pyramid schemes or unlawful multi-level marketing.
• use profile pictures or use pictures on the Site that might be considered    ”inappropriate.” Pictures may not include content or images of nudity,    violence or offensive subject matter.
• exchange any personal and private information with others online.
• use copyrighted material.
•use confidential, secret or proprietary information.
• create or transmit unwanted electronic communications such as “spam”, to    other users or members of service or otherwise interfere with other users’ or    members’ enjoyment of the service.
• collect any users’ content or information, or otherwise access Site, by use of    automated means (such as harvesting bots, robots, spiders, or scrapers).
• upload viruses or other malicious code.
• copy or adapt the Site’s software.
• reverse engineer, decompile, reverse assemble, modify or attempt to discover    any software (source code or object code) that the Site creates to generate web    pages or any software or other products or processes accessible through the    Site.
• have any contest, giveaway, or sweepstakes (”promotion”) on Kidtalker    without our prior written consent.
• disable or impair the proper working of Site, such as a denial of service attack.
• trick, defraud or mislead the Site or other users, especially in any attempt to    learn sensitive account information such as passwords.
• make improper use of the Site’s support services or submit false reports of    abuse or misconduct.
• be in violation of these Terms and Conditions, any local, state, federal or    international law, rule or regulation or the rules of conduct posted with respect    to any individual feature of the services of the Site.

Although Kidtalker monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. In any case, Kidtalker will make every effort to ensure that the comment sections/chat rooms/Kidtalker feed best serve the interests of all users and, therefore, Kidtalker reserves the right (but is not obligated) to refuse to post, delete or edit materials that violate the above-referenced Rules, and also reserves the right to revoke the privileges of users who do not comply to the rules. If you believe that any content on the Site violates any of the terms of this Agreement, please email us via our Contact Us page at www.kidtalker.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Security
Kidtalker uses industry standard efforts, to safeguard the confidentiality of your personally identifiable information. However, 100% security does not exist for any company on the Internet; we cannot fully guarantee the security or other risks associated with the possession of Personal Information. For example, we may be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You are responsible for maintaining the confidentiality of your login information and password. You use this site at your own risk

Copyrighted Materials
Do not post articles, news reports, photographs, graphics, images, audio clips or similar materials unless you have obtained written permission from the owners of the copyrights, trademarks, rights of publicity and other proprietary rights in such materials. We can remove any content or information you post on Kidtalker if we believe that it violates this Statement. Posting such materials without such permission will result in the violation of the applicable proprietary rights and may subject you to liability for infringement under various laws, including civil and criminal statutes. If you feel that any content on the Site infringes your copyrights or other intellectual property rights, please email us via our Contact Us page at www.kidtalker.com.

User Indemnification of Kidtalker
You agree to indemnify and hold Kidtalker and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from any and all losses, liabilities, damages and costs arising from any claims related to: (a) your use of the Site, including any Content you post, store, reproduce, display, or distribute via the Site; (b) your violation of the Terms of Use; and (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Site.

Changes to Website
Kidtalker may change or discontinue, temporarily or permanently, any feature or component of the Site at any time without further notice. You agree that Kidtalker shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Site.

Third Party Websites
The Site may provide links or references to websites operated by third parties. We are not affiliated with, do not monitor or investigate, and are not responsible for the content, functionality or practices of such websites. Inclusion of links to third party websites on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third party websites, you do so at your own risk. Kidtalker encourages you to read the terms of use and privacy policies (if any) on those third party websites. You agree that Kidtalker has no liability for any damage or loss of any type that is a result of your use of a third party website.

DISCLAIMERS AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL MATERIALS/CONTENT CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT KIDTALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Kidtalker is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. WE DO NOT GUARANTEE THAT KIDTALKER WILL BE SAFE OR SECURE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIDTALKER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY KIDTALKER OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Kidtalker’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Disputes
You will resolve any claim, cause of action or dispute (”claim”) you have with us arising out of or relating to these Terms and Conditions exclusively in a state or federal court located in Erie County. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Erie County, NY for the purpose of litigating all such claims.

1. If anyone brings a claim against us related to your actions, content or information on Kidtalker, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
2. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KIDTALKER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Laws and regulations
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions. Your use of this Site is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Site may be subject to U.S. export control restrictions. Your use of this Site may be subject to the laws of other countries if you are not located in the United States.

If you would like to request additional information regarding these Terms of Use, please email us via our Contact Us page at www.kidtalker.com.

Copyright and Trademark Notice

Kidtalker.com, Copyright 2009-2010, Kidtalker™. All rights reserved. Reproduction or adaptation without permission is prohibited. All content on and available from this Site is the property of Kidtalker.

These terms and conditions were last updated (January, 2010).