WEB SITE USE TERMS & CONDITIONS

Kidyap reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Kidyap's Web Site shall be subject to the current terms and conditions as published on our website at http://kidyap.com/.

General Terms of Use

By accessing Kidyap's Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Kidyap's Web Site shall be governed by the laws of New York. The materials contained in Kidyap's Web Site are protected by applicable copyright and trade mark laws.

No Endorsement of Third Party Content

Kidyap's Web Site contains links to and frames of sites that are not maintained by Kidyap. Kidyap is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Kidyap's Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.

Disclaimer and Limitation of Liability

THE MATERIALS AND INFORMATION CONTAINED ON KIDYAP'S WEB SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH KIDYAP'S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. In no event shall Kidyap or its service Providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Kidyap's Web Site, even if Kidyap has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Kidyap or its service Providers, affiliates, associates, subsidiaries or partners and Kidyap makes no representations or warranties regarding that information or those opinions. Neither Kidyap or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

Limited License

Kidyap hereby grants you a limited license to view on your computer, print, download and use any content made available on Kidyap's Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.

Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person's web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Kidyap or any other party who owns or has proprietary rights to the content, information and materials provided on Kidyap's Web Site.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Kidyap or by other parties that have licensed their material to Kidyap. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Kidyap may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.

Changes and Improvements

Kidyap may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Kidyap's Web Site, including the terms and conditions of your use of this Web Site, without liability.

Privacy

Kidyap appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Kidyap's servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor's Internet service Provider. Collecting this information allows Kidyap to optimize the visitor's web site experience. E mail addresses and other personally identifiable data about visitors to this site are known to Kidyap only if and when voluntarily submitted by the visitor. All personal information collected by Kidyap is retained by Kidyap and not sold or otherwise provided to third parties. Kidyap sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Kidyap with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.

Many of Kidyap's web pages place a "cookie" in the browser files of a visitor's computer. The cookie itself does not contain any personal information. Although cookies enable Kidyap to relate a visitor's use of Kidyap's site to information that the visitor has specifically and knowingly provided, Kidyap does not do so for any sites specifically designed for and aimed at children. Kidyap believes that parents should supervise their children's online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.

Submissions

By posting/sending a message in the post yap area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Kidyap will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Kidyap. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Kidyap. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.

In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

  1. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
  2. You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
  3. You may not interfere with other user's use of the web site.
  4. You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
  5. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Kidyap's intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Kidyap reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.
  6. Any information provided to Kidyap shall be provided by the submitter and received by Kidyap on a non confidential basis. Kidyap will only accept submissions made by registered users of Kidyap. Kidyap shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Kidyap.
  7. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  8. You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  9. You may not post any e-mail or materials that would be considered a violation of any law. Kidyap will co operate fully with any law enforcement authorities or court order requesting or directing Kidyap to disclose the identity of anyone posting any such e-mail or materials.

You agree to indemnify Kidyap and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.

Submission of Ideas by Users

You agree to grant to Kidyap a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Kidyap's site(s) or which you provide by email or any other means to Kidyap and in any media now known or hereafter developed. Further, you grant to Kidyap the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Kidyap for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Kidyap.