Kidmessenger LLC welcomes you to our website (www.kidmessenger.com). We are happy to provide you access to our website and services. By using our website and the services we provide, you agree to be bound by these Terms and Conditions. Using our website and services is strictly voluntary. If you do not agree to be bound by these Terms and Conditions and Kidmessenger LLC Privacy Policy kindly log out and prohibit any further us of our website. These Terms and Conditions constitute our legal agreement with you and apply to your use and access of our website and do not invalidate any other agreement or terms you may have with Kidmessenger LLC, unless otherwise directed by Kidmessenger LLC. Your breach of any of these terms and conditions automatically terminates your permission to use our website and services you must immediately prohibit any further use of our website.
The terms “we”, “our”, and “us” refer to Kidmessenger LLC a limited liability Company existing under the laws of [Georgia] with its principal address located at [lilburn, georgia].
A “Visitor” is someone who merely browses our Website. A “member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
This Agreement is between you and Kidmessenger LLC. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
All software, technology, and content on our website is solely licensed property of Kidmessenger or its software, technology and content suppliers, and is protected by United States and international copyright laws. All technical compilation (meaning the programming,collection, interface, assembly and arrangement) of all content on the website is the exclusive property of Kidmessenger and protected by United States and International copyright laws. Kidmessenger hereby gives you permission to view and use the technology,content and services made available to you on our website in connection with your non-commercial and personal use of the website. Any other use, including the modification, reproduction, transmission, distribution, and republication of our content, software, and technology on the website is strictly prohibited.
All other intellectual property rights related to the interface, content, software and technology included on our website or used in the operation of the website or for providing you our services including without limitation, titles, trade secrets, technical know-how, moral rights, patents, publicity rights, character rights, and artistics are owned and licensed property of Kidmessenger LLC. Our website contains our trademarks and service marks and those of our affiliates or third party companies in the form of graphics, words and logos. Your permission to use our website or services does not constitute any right or license for you to use our trademarks or service marks without the prior written permission of Kidmessenger.
Any use of these rights without the prior written permission of Kidmessenger is strictly prohibited.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Kidmessenger reserves the right in our sole discretion to change any Content, and other items used or contained in our Website or Services at any time without notice. Reference to any services, processes, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
As a user of our website you shall not:
You here agree that you are fully responsible for the Post of any content that you make available on or send through our website (“User Content”). In addition to the rights granted to Kidmessenger in this Terms and Conditions, you hereby grant Kidmessenger the irrevocable right to copy and use your Content in connection with our website and for the purposes related to the services we provide you. Although Kidmessenger has no obligation to verify, edit or monitor any information you provide us, Kidmessenger reserves the right, and has absolute discretion, to remove, or screen your information and to monitor any user conduct on the website at any time and for any reason without prior notice.
By Posting User Content to us, you warrant and represent that (i) Kidmessenger may release your personal information to third party for the purpose of obtaining access to our services; (ii) you have all necessary rights or consent to Post such information to us and to grant the rights to Kidmessenger through this Terms and Conditions; (iii) the User Content, and your use and the Post thereof in connection with our website, does not and will not violate these Terms and Conditions or any applicable local, state, national or international statute, regulation, or law.
Our Website may from time to time contain links to third party or vendor websites. Inclusion of links for any website on our website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. Kidmessenger has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
THE WEBSITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE OUR WEBSITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Kidmessenger DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. Kidmessenger MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Kidmessenger MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR LOCATION. NOTHING IN THESE TERMS AND CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE WEBSITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT SUCH USE IS AT YOUR SOLE RISK.
You assume all responsibilities for use of your Account and the processing of personal data whether yours, a minor or personal data of a third-party linked to your Account, which includes, among others, collecting, analysing, and storing personal data you upload on our website. Kidmessenger automatically uses the information or pictures uploaded by you and you are solely responsible for such information and uploads attached to your account. You represent and warrant, as the one responsible for your account that (a) you have obtained the consent of any third party you upload their information (b) you must comply with all applicable legislation with respect to the monitoring and control application. You agree to fully comply with this terms and conditions
You agree to indemnify, defend, and hold Kidmessenger and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
If Kidmessenger gets sued by you or a third party, you will defend and indemnify Kidmessenger from all claims, actions, damages, losses, liabilities, costs, expenses of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses incurred by Kidmessenger as a direct result of any breach by you of these Terms and Conditions, or arising out of or about your willful or accidental misconduct, negligent or fraudulent use of this website.
IN NO EVENT SHALL EITHER Kidmessenger OR ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Kidmessenger LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT CHARGED FOR ANY SERVICES WE RENDERED TO YOU BY US.
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our terms and conditions.
Kidmessenger, as a rule, does not interfere with, modify or otherwise change your data, however, your data including all of your data with each and every Kidmessenger email sent or going to be sent in the future is the property of Kidmessenger and can be reviewed, stored and used for the purposes known only to Kidmessenger and any affiliates it may choose. Kidmessenger is under no obligation to extract any data from the database of Kidmessenger for the purposes of defending (or otherwise) in the court of law any user or users of this website. You agree and submit that Kidmessenger has the full rights to analyze any and all data that you willfully place onto the website or submit to us.
The Kidmessenger reserves the right, but does not have the obligation, to monitor your use of this site and to restrict or terminate your use of the site or modify or remove any information found on the site for any reason whatsoever in our sole discretion.
This Terms and Conditions may be updated periodically to reflect changes in our information practices or relevant laws. We will indicate at the top of the Notice when it was updated. Please review this Notice any time you access or use our sites to make sure you have reviewed the most recent version.
This Agreement will be treated as if it were executed and performed in [INPUT STATE], and will be governed by and construed in accordance with the laws of United States without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
If you have any questions or comments about this Terms and Conditions or if you would like us to update information we have about you or your preferences, please contact us.