Agreement between User and LubbockForKids.com
Thank you for visiting LubbockForKids.com. The LubbockForKids.com website is comprised of various web sites and web pages operated by LubbockForKids.com or its business associates. These include: www.LubbockForKids.com as well as other web sites we may add in the future (collectively the “LubbockForKids Sites”).
In addition, when using particular LubbockForKids web sites or services, you and LubbockForKids shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by any access or use of LubbockForKids Sites and services (the “Agreement”). If you do not agree to these TOU, do not access and use the LubbockForKids Sites and services.
- Permitted Use. Subject to these TOU, LubbockForKids hereby grants you the license to access and use the LubbockForKids Sites solely for the following purposes: (i) if you are accessing the LubbockForKids Sites as an individual, then any and all use of the LubbockForKids Sites is for your personal, non-commercial use only; or (ii) if you are accessing the LubbockForKids Sites on behalf of a business entity, then any and all use of the LubbockForKids Sites must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with LubbockForKids . LubbockForKids retains all rights with respect to the LubbockForKids Sites except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the LubbockForKids Sites unless specifically authorized in writing by LubbockForKids to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the LubbockForKids Sites. Such framing is strictly prohibited under this Agreement. The content and software on the LubbockForKids Sites are the proprietary property of LubbockForKids and/or its suppliers and associates and are protected by U.S. and international copyright and other intellectual property laws. LubbockForKids and the LubbockForKids Logo are the trademarks of LubbockForKids. © LubbockForKids.com. All Rights Reserved. The names of actual companies and products listed on the LubbockForKids Sites may be the trademarks of their respective owners.
- Links to Third Party Sites. The LubbockForKids Sites may contain links or produce search results that reference links to third party web sites (“Linked Sites”). LubbockForKids has no control over these Linked Sites or the content within them. LubbockForKids cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. LubbockForKids does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the LubbockForKids Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against LubbockForKids for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at links@LubbockForKids.com and we will investigate the link and take appropriate action.
LubbockForKids offers directory listings of children’s resources as a convenience for parents; however the appearance of the listings does not constitute an endorsement of the agency or organization, their views, products or services.
- Affiliate and Third-Party Advertising. LubbockForKids.com offers advertising to businesses who desire to promote to the Site’s target market. In addition to offering display advertising sold directly, LubbockForKids also on occasion participates in various affiliate advertising and pay-per-click programs that compensate LubbockForKids.com with advertising fees, reward points, free samples, or other incentives.
LubbockForKids does not generally accept payment for feature articles or reviews published on the website. In the event that a circumstance arises in which payment is received in consideration for an article or review, LubbockForKids will disclose the arrangement to its readers within that article in compliance with FTC guidelines.
- No Unlawful or Prohibited Use. As a condition of your use of the LubbockForKids Sites, you warrant to LubbockForKids that you will not use the LubbockForKids Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the LubbockForKids Sites in any manner which could damage, disable, overburden, or impair the LubbockForKids Sites or interfere with any other party’s use and enjoyment of the LubbockForKids Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LubbockForKids Sites.
LubbockForKids reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in LubbockForKids’ sole discretion.
- Ownership of Submitted Content. Anything that you post or otherwise make available on our Site is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to LubbockForKids. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
Following termination or deactivation of your account, or if you remove any User Content from LubbockForKids.com, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
We value hearing from our users, and are always interested in learning about ways we can make LubbockForKids even better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, LubbockForKids.com does not waive any rights to use similar or related feedback previously known to us, or developed by its employees, or obtained from sources other than you.
- Maintenance of User Name, Password and Profile. You are responsible for setting, maintaining, keeping, and updating your user name, password and profile information for the LubbockForKids sites.
- Warranty Disclaimer. LubbockForKids does not promise that the LubbockForKids Sites will be error-free, uninterrupted, nor that the LubbockForKids Sites will provide specific results from your use of any content, search or link on them. The LubbockForKids Sites and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. LubbockForKids does not warrant or represent that files you download from the LubbockForKids Sites will be free of viruses or other harmful features. LUBBOCKFORKIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL LUBBOCKFORKIDS, OR ITS AFFILIATES AND ASSOCIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE LUBBOCKFORKIDS SITES. IN NO EVENT SHALL LUBBOCKFORKIDS’ AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF LUBBOCKFORKIDS’ AFFILIATES AND ASSOCIATES, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE LUBBOCKFORKIDS SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO LUBBOCKFORKIDS FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).
- Additional Representations and Warranties. You may use our Sites and services only if you can form a binding contract with LubbockForKids, and only in compliance with these Terms and all applicable laws. When you create your LubbockForKids account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
LubbockForKids.com is expressly targeted for parental/adult use and does not knowingly collect or solicit Personally Identifiable Information from or about children under the age of 13. Any use or access by anyone under the age of 13 is prohibited.
- Indemnity. You agree to indemnify and hold LubbockForKids and its ASSOCIATES, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Copyright Infringement and Disputes. LubbockForKids respects the intellectual property rights of others and asks its users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, LubbockForKids.com will respond expeditiously to claims of copyright infringement committed using LubbockForKids Sites that are reported to LubbockForKids’ Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to LubbockForKids’ Designated Copyright Agent. Upon receipt of the Notice as described below, LubbockForKids will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement (“Notice”).
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you must identify each copyright work that you claim has been infringed.
- Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the LubbockForKids.com Designated Copyright Agent:
LubbockForKids.com Copyright Agent
7602 University, Suite 203
Lubbock, Texas 79423
- Use of LubbockForKids Community Services. If you participate in any chat rooms, bulletin boards, or other forum (collectively “Community Services”) within the site, you agree that any information, including without limitation discussion posts, chat posts, IM posts, web links, advertisements, articles, white papers, and reviews, posted by you:
- shall not be false, inaccurate or misleading;
- shall not be fraudulent;
- shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- shall not be obscene or contain child or other pornography;
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability to LubbockForKids, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and associates; and
- shall not link directly or indirectly to links you do not have a right to link to or include.
LubbockForKids has no obligation to monitor the Community Services. However, LubbockForKids reserves the right to review materials posted to a Community Service and to remove any materials in its sole discretion. LubbockForKids reserves the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. LubbockForKids does not control or endorse the content, messages, or information found in any Community Service, and, therefore, LubbockForKids expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk.
- General. For any dispute you have with LubbockForKids.com, you agree to first contact us and attempt to resolve the dispute with us informally. This Agreement shall be governed in all respects by the laws of the State of Texas, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Texas, County of Lubbock, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, LubbockForKids may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. LubbockForKids‘s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.