Kids Speak for America TERMS OF SERVICE/USE
ACCEPTANCE OF TERMS
Welcome to the Kids Speak for America website, located at https://kidsspeakforamerica.com and assisted by TWG Publications. (the “Site”). These Terms of Service and Conditions of Use (“Terms of Use”) apply to use of the Site. Your use of the Site means that you agree to these Terms of Use and constitutes a binding agreement between you and Kids Speak for America. Do not use the Site if you do not agree to these Terms of Use in their entirety. References in these Terms of Use to ” Kids Speak for America,” we,” “us” or “our” mean TWG Publications.
By using this site and its features (“Services”), you are indicating your agreement to be bound by these Terms of Service (“TOS”). Please note the following TOS may be modified from time to time and without notice to you. If you have any questions or concerns, please e-mail webmaster@kidsspeakforamerica.com.
Kids Speak for America CONTENT
We welcome users of the Site who are under 13 years of age (“Children”). Please read our Privacy Policy available at https://kidsspeakforamerica.com/privacy carefully as it explains our practices regarding the collection, use, and disclosure of Personal Information from Children who register on the Site and describes a parent’s or guardian’s (each, a “Parent”) ability to limit the collection and use of data collected from their Children. Users (including Children) may use many aspects of the Site without providing any Personal Information, in which case this Children’s Privacy Policy does not apply.
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 not Kids Speak For America, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the site.
Except as expressly provided herein, neither Kids Speak For America nor our affiliates has granted any right or license under any patent, trademark, copyright, or other proprietary rights to use the site or any Services offered on the site. No ownership rights are or will be assigned to you.
Intellectual Property The Site contains copyrighted material and other information proprietary to Kids Speak for America, its licensees and licensors, and other third parties. Except as otherwise permitted by law, you may not copy, modify, publish, distribute or otherwise exploit any content (including, but not limited to, text, logos, trademarks, trade names, service marks, images, graphics, photographs, video recordings, music, media, or software) on the Site (collectively, the “Content”) without the express consent of Kids Speak for America and any other relevant rights owner, except that you may download Content for your personal non-commercial use only, so long as you keep intact all of the copyright and other proprietary notices. The Site as a whole, and the arrangement of Content thereon, is copyrighted and owned by Kids Speak for America, and Kids Speak for America reserves all rights not expressly granted hereunder.
We take intellectual property rights seriously, and work hard to protect not only our own intellectual property rights, but also the intellectual property and similar rights of artists and others. If you believe that your copyright-protected work has been copied and posted on the Site constituting copyright infringement, you may provide our Internet Administrator with: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written 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; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Here is the contact information:
Views expressed by our users are not necessarily our viewpoints and are not endorsed by us. Kids Speak For America does not claim ownership of any materials submitted to it, but by submitting materials to Kids Speak For America in any form, you automatically grant a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform such materials for the purpose of displaying and promoting the materials on any website operated by, and in any related marketing materials produced by, Kids Speak For America and its affiliates. You obtain no rights in any form, media, or technology incorporating the materials.
COMMUNITY RULES AND REGULATIONS
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.
You agree not to collect or store personal data about other users or members. Additionally, you agree not to submit any blog postings, art and/or Kids Speak For America content whatsoever that contains or provides links to:
1. Your last name;
2. Addresses – especially your home address;
3. Phone numbers – especially your phone number;
4. Name or address of your school;
5. Your screen names from other sites;
6. Email addresses – especially your email;
7. Photos of yourself, home, school, family, friends, teachers;
8. Any material that is unlawful, fraudulent, threatening, abusive, harassing, stalking, tortuous, defamatory, invasive of privacy or publicity rights, hateful, hatemongering, vulgar, obscene, profane, disruptive, harmful, libelous, indecent, racially-, ethnically-, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
9. Any materials that contain masked vulgarity (e.g., putting asterisks in the middle of words);
10. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
11. Any false “header” (the encryption of e-mail messages to record point of origin, route, and destination), falsely configured e-mail, or otherwise manipulates identifiers in order to disguise the origin of any content uploaded, posted, e-mailed or otherwise transmitted through Kids Speak For America;
12. Any content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
13. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
14. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law (e.g., computer hacking);
15. Any content that advertises or promotes any product or service or solicits funds, advertisers, or sponsors;
16. Any content or activity that Kids Speak For America, in its sole discretion, deems inappropriate for its site and community.
DISCLAIMER OF WARRANTIES
Kids Speak For America is provided on an “as is” and “as available” basis. Kids Speak For America expressly disclaims all warranties of any kind, express, implied, or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, or title. Kids Speak For America makes no warranty regarding any goods, products, services, features, events, promotions, or content used or products or services purchased or obtained through Kids Speak For America. There are no warranties as to the results obtained from the use of the content. Any material downloaded or otherwise obtained through the use of Kids Speak For America is downloaded at your own risk. Kids Speak For America shall not be responsible for any direct or indirect loss or damage caused by the information or ideas contained on the site or from content submitted to Kids Speak For America.
This section will be allowable to the maximum extent allowed by applicable law.
INDEMNITY
You agree to indemnify and hold Kids Speak For America and its subsidiaries, affiliates, officers, directors, employees, agents, co-branders, or other partners harmless from any claim, loss, damage, 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, violation of the TOS, or your violation or infringement of any rights of another.
MODIFICATIONS TO SITE AND SERVICES
Kids Speak For America reserves the right, in its sole discretion, at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) and its products, with or without notice. You agree that Kids Speak For America shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
APPLICABLE LAW
These TOS shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflicts of laws provisions. By registering for, using, or accessing Kids Speak For America, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Oregon.
SEVERABILITY
This agreement shall operate to the fullest extent permissible by law. If any provisions of these TOS are unlawful, void, or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
TERMINATION
Kids Speak For America reserves the right, in its sole discretion, to immediately terminate your account (or any part thereof) or use of the Service, and remove and discard any content within the site, for any reason, without limitation and without notice, for lack of use or if Kids Speak For America believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Further, you agree that Kids Speak For America shall not be liable to you or any third party for any termination of your access to the Service.
CONTACT
You may correct or update any information supplied to Kids Speak For America, or notify us of any copyright infringement, by:
(1)To e-mail: webmaster use the Contact form
(2) Send letter to Kids Speak For America, TWG Publishing, 1430 Willamette Street Suite 21, Eugene, OR 97401
