Terms and Conditions PDF Print E-mail
Written by Administrator   
Thursday, 19 June 2008

Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to Ourkidsnews.com and any other site owned and/or operated by or on behalf of Ourkidsnews LLC or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "Ourkidsnews.com" and "Ourkidsnews" and/or “we” respectively).

 

1. USE OF MATERIALS
This site is owned and operated by Ourkidsnews LLC and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of Ourkidsnews.com are the property of Ourkidsnews and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Ourkidsnews.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Ourkidsnews's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Ourkidsnews. Ourkidsnews does not transfer title to the Software to you. As between you and Ourkidsnews, Ourkidsnews retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant Ourkidsnews and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on Ourkidsnews.com, including without limitation via message boards, chat rooms and/or blogs or any other features on Ourkidsnews.com, in whole or in pa rt, alone or in combination with other material, in any and all media, now known or hereafter devised.

 

2. USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on Ourkidsnews.com. Users are not permitted to upload to, distribute through, or otherwise publish through Ourkidsnews.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights

of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on Ourkidsnews.com. Unauthorized collection and/or use of email addresses via Ourkidsnews.com is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of Ourkidsnews.com. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder, message board postings and/or comments made in chat rooms and/or any other features on Ourkidsnews.com. Ourkidsnews is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Ourkidsnews.com including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder message board postings and/or comments made in chat rooms and/or any other features on Ourkidsnews.com. You acknowledge that Ourkidsnews may or may not pre-screen and/or monitor content posted on Ourkidsnews.com, and that Ourkidsnews shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on Ourkidsnews.com at any time for any reason, in Ourkidsnews’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on Ourkidsnews.com and any rules for conduct on Ourkidsnews.com or use of specific features and/or services offered thereon that may be posted on Ourkidsnews.com, whether in these terms of use or otherwise, from time to time.

 

3. THIRD PARTIES
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via Ourkidsnews.com are solely between you and such entity. You agree that Ourkidsnews shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Ourkidsnews does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of Ourkidsnews.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on Ourkidsnews.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

4. CHANGES TO SITE
Ourkidsnews may add, change, discontinue, remove or suspend any portion of Ourkidsnews.com at any time, without notice.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Ourkidsnews.com Website. A. The content on the Ourkidsnews.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Ourkidsnews.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ourkidsnews.com reserves all rights not expressly granted in and to the Website and the Content. B. You may access User Submissions solely:for your information and personal use; as intended through the normal functionality of the Ourkidsnews.com Service; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Ourkidsnews.com Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is." C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Ourkidsnews.com Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Ourkidsnews.com Service or otherwise as prohibited under this Agreement.D. You may access Ourkidsnews.com Content, User Submissions and other content only as permitted under this Agreement. Ourkidsnews.com reserves all rights not expressly granted in and to the Ourkidsnews.com Content and the Ourkidsnews.com Service.E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Ourkidsnews.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Ourkidsnews.com Website or the Content therein.G. You understand that when using the Ourkidsnews.com Website, you will be exposed to User Submissions from a variety of sources, and that Ourkidsnews.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ourkidsnews.com with respect thereto, and agree to indemnify and hold Ourkidsnews.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

As a Ourkidsnews.com account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Ourkidsnews.com does not guarantee any confidentiality with respect to any User Submissions.B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ourkidsnews.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Ourkidsnews.com, you hereby grant Ourkidsnews.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Ourkidsnews.com Website and Ourkidsnews.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Ourkidsnews.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Ourkidsnews.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Ourkidsnews.com Service. You understand and agree, however, that Ourkidsnews.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ourkidsnews.com all of the license rights granted herein.E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Ourkidsnews.com Community Guidelines, found at http://www.Ourkidsnews.com, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. F. Ourkidsnews.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Ourkidsnews.com expressly disclaims any and all liability in connection with User Submissions. Ourkidsnews.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Ourkidsnews.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Ourkidsnews.com reserves the right to remove Content and User Submissions without prior notice.

Your User Submissions and Conduct

Ourkidsnews.com is a website specifically intended for the use of children between the ages of 5 to 15 years of age; content submission from ages outside this bracket is strictly prohibited. As part of the activation process, the parent of said registered child, certifies the user is between the ages of 5 to 15 years old. Falsifying ones age is the sole responsibility by the parent in receipt of this email and not of ourkidsnews.com

7. Account Termination Policy 

Ourkidsnews.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. B. Ourkidsnews.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Ourkidsnews.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Ourkidsnews.com's designated Copyright Agent to receive notifications of claimed infringement is: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Ourkidsnews.com customer service through http://Ourkidsnews.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Trenton, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Ourkidsnews.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ourkidsnews.com's sole discretion.

9. DISCLAIMER
OURKIDSNEWS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OURKIDSNEWS.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." OURKIDSNEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OURKIDSNEWS.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. OURKIDSNEWS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OURKIDSNEWS.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT OURKIDSNEWS.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF OURKIDSNEWS.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. OURKIDSNEWS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RES ULTS O F THE USE OF THE MATERIALS ON OURKIDSNEWS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OURKIDSNEWS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OURKIDSNEWS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON OURKIDSNEWS.COM, EVEN IF OURKIDSNEWS OR A OURKIDSNEWS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 NO EVENT SHALL OURKIDSNEWS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OURKIDSNEWS.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING OURKIDSNEWS.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

10. INDEMNIFICATION
By using Ourkidsnews.com, you agree to indemnify, defend and hold harmless Ourkidsnews from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Ourkidsnews.com; or (3) any material uploaded by you or through your computer to Ourkidsnews.com or otherwise sent by you to Ourkidsnews. You will cooperate as fully and reasonably as required by Ourkidsnews in the defense of any claim. Ourkidsnews reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Ourkidsnews.

12. JURISDICTIONAL ISSUES
Ourkidsnews.com is controlled and operated by Ourkidsnews from its offices in New Jersey, United States of America. Ourkidsnews makes no representation that materials on Ourkidsnews.com are appropriate or available for use in other locations. Those who choose to access Ourkidsnews.com 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. Software from this site is further subject to United States export controls. No software from Ourkidsnews.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any principles of conflicts of law. You and Ourkidsnews each agree to submit to the exclusive jurisdiction of the courts of the state of New Jersey and the federal courts of the southern district of New Jersey. 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, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

14. PERMISSION FOR REPRINTS
All material on Ourkidsnews.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on Ourkidsnews.com (outside of personal, non-commercial use), please email to:

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15. PERMISSION FOR WEB LINKING

If you link to Ourkidsnews.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Ourkidsnews. Any such link must not damage, dilute or tarnish the goodwill associated with Ourkidsnews and/or any Ourkidsnews intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Ourkidsnews, and you may not “frame” Ourkidsnews.com. You may not link to Ourkidsnews.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Ourkidsnews’s sole discretion. Ourkidsnews reserves the right, in its sole discretion, to terminate any link from any web site.

To request permission to place a link from your web site to Ourkidsnews.com, please send your name, address, web site URL, and nature of the web site to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

16. COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:

Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

The notification must be in writing and include:

1.      A digital signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.      Identification of each alleged infringing copyrighted work or works;

3.      Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;

4.      Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);

5.      A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Ourkidsnews reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed at http://www.Ourkidsnews.com/ along with the date of most recent update.

For other questions about Ourkidsnews.com, please consult This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

 

Last Updated ( Wednesday, 09 July 2008 )