1. ACCEPTANCE OF TERMS
When using the Masterful Kids site(s), you will be subject to all rules that apply at the time, each time you visit our site.
2. DESCRIPTION OF SERVICE
Masterful Kids provides users with a range of information and services aimed to help young people deal with the stresses and challenges of growing up. Our service may include advertising from time to time, which will be relevant to the services Masterful Kids provides. We may also communicate through our home page and e-mail with you on a range of service-related issues. We envision continuously improving the service, and unless we tell you otherwise, these TOU will apply to any new services.
You understand and agree that the Service is provided "AS-IS" and that Masterful Kids assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees.
Please be aware that Masterful Kids has created certain areas on the Service that contain materials for adult parents and/or legal guardians (parents and legal guardians of children are hereinafter referred to collectively as "parents") of children only. You must be at least 18 years of age to access and view such areas. However, Masterful Kids is primarily designed for the benefit of children ages 8-12 years old under parental supervision.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's enrollment form (such information being the "Enrollment Data") and (b) maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Masterful Kids has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Masterful Kids has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Masterful Kids is concerned about the safety and privacy of all its users, particularly children. When you create a Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the parent or legal guardian of the child / children listed on the Family Account. By listing or adding a child to your Family Account, you also give your child permission to access many of the Services including, email, message boards, etc.
5. SUBSCRIPTION TERMS
Masterful Kids is a subscription service, with one or more plans to choose from. Pricing may vary based on the term of the subscription and number of children accounts established. Near the end of your subscription term, you will be reminded to renew. Masterful Kids will retain accounts not renewed for sixty days after which in Masterful Kids sole discretion, the entire account and all data collected will be deleted. You may cancel your subscription to the Masterful Kids service at any time by contacting Masterful Kids at firstname.lastname@example.org. You will be issued a pro-rata credit for the unused term of your subscription. If you cancel within 30 days of enrollment / renewal, you will not be subject to a cancellation fee. If you cancel outside this 30-day window, you may be subject to a $20 service charge for cancellation. Refunds on cancellation may take up to 30 days to process.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon enrollment, you will select a User ID and Password. This will open an account for you with Masterful Kids. Once your account is open, you will be able to set up a User ID and Password for one or more children. You are responsible for maintaining the confidentiality of the User IDs and Password, and are fully responsible for all activities that occur in your account. You agree to: (a) immediately notify Masterful Kids of any unauthorized use of your account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Masterful Kids cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. ELIGIBILITY TO USE THE SERVICE
The Company's business model is based on servicing families. Our fee schedule encourages families to put as many children on the Service as makes sense. Our family-oriented pricing assumes all children live in the same household with one or both parents or guardians. Any other arrangement would be considered a violation of our TOU and would require a case-by-case approval by the Company's management.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and your account holders are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Masterful Kids will not edit your materials in accounts, but may edit or withhold materials be posted in common areas outside your account. While Masterful Kids will attempt to ensure posted information is not offensive, indecent or objectionable, we cannot guarantee that all readers have a common understanding of what is appropriate. Under no circumstances will Masterful Kids be liable in any way for any Content, including, but not limited to, 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 posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm or attempt to harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Share User IDs and Passwords in ways that violate the spirit and letter of these TOU;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, 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;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "Stalk" or otherwise harass another; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge that Masterful Kids may or may not pre-screen Content, but that Masterful Kids and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Masterful Kids and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Masterful Kids or submitted to Masterful Kids, including without limitation information in our "blogs," Kids' Opinion, Parents' Forum and in all other parts of the Service.
You acknowledge, consent and agree that Masterful Kids may access, preserve, and disclose your account information and Content 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 TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Masterful Kids, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Masterful Kids and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
9. VOTES; CONTESTS; SWEEPSTAKES
The Service may run contests from time to time to encourage usage. By participating in such contests, you and your family members signify your agreement to all special terms set forth on the Service applicable to the votes, contests and sweepstakes as well as to the terms of this Agreement.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
With respect to Content you submit or make available for inclusion on the Service, you grant Masterful Kids a world-wide, royalty free and non-exclusive license(s) to use such Content, as follows:
- With respect to Content you submit or make available for inclusion on the Service, whether in publicly accessible areas of the Service, or areas accessible by other members of the Service, a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Masterful Kids.
You agree to indemnify and hold Masterful Kids, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service (including your Masterful Kids User ID), use of the Service, access to the Service, or content of the Service.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Masterful Kids may establish general practices and limits concerning use of the Service, including without limitation the message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Masterful Kids servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Masterful Kids has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Masterful Kids reserves the right to modify these general practices and limits from time to time.
15. MODIFICATIONS TO SERVICE
Masterful Kids reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Other than refunding as deemed appropriate by the Company, you agree that Masterful Kids shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
16. TERMINATION OF YOUR ACCOUNT
You agree that Masterful Kids may, under certain circumstances and without prior notice, immediately terminate your Masterful Kids account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines: (b) requests by law enforcement or other government agencies: (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems: (f) you have engaged in fraudulent or illegal activities: and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Masterful Kids account includes: (a) removal of access to all offerings within the Service: (b) deletion of your Password and all related information, files and content associated with or inside your account (or any part thereof): and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Masterful Kids' sole discretion and that Masterful Kids shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. Pro-rata refund of unused subscription fees will be the sole discretion of Masterful Kids, and will be based on the reason for the termination.
17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Masterful Kids shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because Masterful Kids has no control over such sites and resources, you acknowledge and agree that Masterful Kids is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Masterful Kids shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
19. MASTERFUL KIDS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Masterful Kids or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Masterful Kids grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Masterful Kids for use in accessing the Service.
20. DISCLAIMER OF WARRANTIES
MASTERFUL KIDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASTERFUL KIDS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MASTERFUL KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this Agreement.
24. TRADEMARK INFORMATION
The MASTERFUL KIDS, Masterful Kids logo, trademarks and service marks and other Masterful Kids logos and product and service names are trademarks of Masterful Kids, LLC (the "Masterful Kids Marks"). Without Masterful Kids' prior permission, you agree not to display or use in any manner, the Masterful Kids Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Masterful Kids respects the intellectual property of others, and we ask our users to do the same. Masterful Kids may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please advise Masterful Kids, LLC of the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Masterful Kids' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Masterful Kids, LLC
PO Box 6595
East Brunswick, NJ 08816-6595
By phone: (732) 238-6582
By e-mail: email@example.com
26. GENERAL INFORMATION
Entire Agreement. The TOU constitutes the entire agreement between you and Masterful Kids and governs your use of the Service, superseding any prior agreements between you and Masterful Kids with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Masterful Kids services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and Masterful Kids shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Masterful Kids agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, New Jersey.
Waiver and Severability of Terms. The failure of Masterful Kids to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Masterful Kids Account is non-transferable.
Statute of Limitations. 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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to our Masterful Kids at firstname.lastname@example.org or by mail to:
Masterful Kids, LLC
PO Box 6595
East Brunswick, NJ 08816-6595
Last updated March 12, 2006