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Terms of Use

The Kid Compass Web Site Terms of Use Agreement

Effective July 16, 2007

This Web Site, including all of its features, content and design (the "Web Site") is a service made available to you by The Kid Compass and all information and services provided on or through this Web Site ("Materials") may be used solely under the following Terms and Conditions ("Terms of Use").

These Terms of Use set forth the terms and conditions that apply to your use of TheKidCompass.com (The "Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.

Copyrights and Trademarks

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is copyrighted work of third parties.

All materials contained on the Web Site are Copyright The Kid Compass. All rights reserved.
No person is authorized to use, copy or distribute any portion of the Web Site including related graphics.
The Kid Compass and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks /service marks that identify The Kid Compass and the goods and services provided by The Kid Compass. Such marks may not be used under any circumstances without the prior written authorization of The Kid Compass.

Limited License; Permitted Uses

The Kid Compass is pleased to grant you, as a user of this Web Site, a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and the Materials in accordance with these Terms of Use and any specific terms and conditions that may be posted in connection with particular Materials. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Materials, the latter shall govern. The Kid Compass may terminate this license at any time for any reason and, in any such case, any data or information that you provided may be deleted without notice to you.

Restrictions and Prohibitions on Use

The Materials on this Web Site are only for your personal use and not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Web Site or the Materials without The Kid Compass' prior written permission; please notify us and we will be pleased to consider your request for special permission. You may not use the Materials in any way that harms The Kid Compass, our employees, directors or other representatives, our users, or any other third party. You may not use the Web Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or the Materials is prohibited and will be prosecuted to the full extent of the law.

Indemnification

You hereby indemnify and agree to defend and hold harmless The Kid Compass, its officers, directors, employees, agents, licensors and suppliers, its participating copyright rightsholders and users, and any third party information providers to this Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, or any other applicable The Kid Compass terms and conditions, by you.

Unlawful Activity

The Kid Compass reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

Remedies for Violations

The Kid Compass reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Web Site and any other The Kid Compass Web sites and their features.

Governing Law and Jurisdiction

By visiting The Kid Compass, you agree that the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and The Kid Compass. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in King County, Washington, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Severability of Provisions

These Terms of Use incorporate by reference any notices contained on this Web Site, The Kid Compass' Privacy Policy and the terms and conditions applicable to each of The Kid Compass' licensing or other services. Altogether they constitute the entire agreement between you and The Kid Compass with respect to access to and use of this Web Site and the Materials. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with specific The Kid Compass licensing or other service terms and conditions that are applicable to the circumstances, then that provision of these Terms of Use shall be deemed severable from the remaining provisions and shall not affect the latter's validity or enforceability.

Linking to this Website

You are welcome to provide links to the pages of this Web Site provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this Web Site, and (b) you discontinue providing links to this Web Site if requested by The Kid Compass.

License of your own materials to The Kid Compass for use on this Web Site

By uploading content to or submitting any materials for use on this Web Site, you do not convey any ownership in those materials to The Kid Compass but you grant (and promise that you are entitled to grant) to The Kid Compass a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed throughout the universe, provided that The Kid Compass and its sub licensees use such materials in a manner consistent with The Kid Compass' general business. You agree that you shall have no recourse against The Kid Compass for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us or the materials you upload or submit.

Registration

Certain sections of this Web Site require you to register. If registration is requested, you agree to provide The Kid Compass with accurate and complete registration information. It is your responsibility to inform The Kid Compass of any changes to that information. Each registration is for a single individual/business only. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify The Kid Compass immediately.

Postings in interactive areas of Web Site

  1. Postings to be Lawful. If you participate in interactive areas on this Web Site, you agree not to post, publish, upload or distribute any messages, data, information, text, graphics, links or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. The Kid Compass may delete your Posting at any time for any reason without permission from you.
  2. Postings to be in Your Name. You must sign your Postings with your real name; anonymous Postings will be removed by The Kid Compass and will not be edited or modified. In your postings, you agree not to misrepresent your identity or your affiliation with any person or entity.
  3. Monitoring - The Kid Compass has no obligation to, edit, monitor or screen Postings, and The Kid Compass is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing, The Kid Compass reserves the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms of Use and to remove any materials that may be objectionable or violate these Terms of Use.
  4. Non-Commercial Use Only of Interactive Areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you agree not to include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of The Kid Compass. Any unauthorized use of any interactive area of this Web Site, the Materials or any Postings is expressly prohibited.

Errors and Corrections

The Kid Compass does not promise that this Web Site or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. The Kid Compass does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. The Kid Compass may make improvements and/or changes to its features, functionality or Materials at any time.

Links to Third-Party Web Sites

The Kid Compass may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. The Kid Compass does not control third-party web sites and is not responsible for the contents of any linked-to third-party web sites or any hyperlink in a linked-to web site. The Kid Compass does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. The Kid Compass will have no liability to any entity for the content or use of the content available through such hyperlink.

No Representations or Warranties; Limitations on Liability

The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. THE KID COMPASS MAKES NO REPESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE KID COMPASS IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE MATERIALS, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. THE KID COMPASS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (b) ANY MATERIALS ON THIRD PARTY WEB SITES, (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (d) ANY INCOMPATIBILITY BETWEEN THIS WEB SITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (e) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH THE KID COMPASS OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (f) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER THE KID COMPASS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE KID COMPASS SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms of Use may not be brought more than one year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.

Changes to These Terms of Use

The Kid Compass reserves the right to change these Terms of Use any time by posting new Terms of Use at this location. When we make any material change to these terms and conditions, we will inform you by posting a notice on the homepage of www.TheKidCompass.com for 30 days that the terms and conditions have been updated and by changing the "effective date" on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on this Web Site and are effective immediately. Please review these Terms of Use regularly. Continued use of this Web Site after any such changes constitutes your consent to such changes. If you have any questions or concerns relating to these Terms of Use, please contact us.

By accessing this Web Site or using any service provided herein, you affirm that you have read this entire agreement and agree to all its terms and conditions. If you do not agree to all of the terms and conditions set forth in this agreement, please exit this site.


Effective July 16, 2007