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Bright
Kids at Home Terms of Use & Privacy Policy
Terms
of Use
If
you disagree with any of the below terms of use, do not use this site.
The Bright Kids at Home Web Site (the "Site") is an online information
service provided by Bright Kids at Home ("Bright Kids at Home "),
subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Bright Kids at Home
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, Submissions and Downloaded Material
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS TM & COPYRIGHT 2005 - 2008
BY Bright Kids at Home. ALL RIGHTS RESERVED. The entire contents of the
Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are Bright Kids at Home, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. Bright Kids
at Home hereby grants you a personal, non-exclusive, non-assignable and
non-transferable license to use and display, for home, noncommercial and
personal use only, one copy of any Material and/or software that you may
download from this site, including, but not limited to, any files, codes,
audio or images incorporated in or generated by the software (collectively
the "Downloaded Material") provided, however, that you must
maintain all copyright and other notices contained in such Downloaded
Material. You acknowledge and agree that you may not sublicense, assign
or otherwise transfer this license or the Downloaded Material and that
no title to the Downloaded Material has been or will be transferred to
you from Bright Kids at Home or anyone else. You also agree that you will
not alter, disassemble, decompile, reverse engineer or otherwise modify
the Downloaded Material.
1.01
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of Bright Kids at Home.
Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
1.02
Submissions Policy
Although we welcome your comments about this site, Bright Kids at Home
is not obligated to review or act on any such submissions. Also, while
we appreciate your comments, Bright Kids at Home cannot make any guarantee
that it will respond to your message. Notwithstanding the foregoing, if
you do send us a submission, whether requested or not (collectively the
"Submissions"), such Submission shall immediately become Bright
Kids at Home's property. Bright Kids at Home may use any such Submissions
as it deems fit, but shall have no obligation to use any of them. You
agree not to assert any proprietary right of any kind in the Submissions
(including, but not limited to copyright or trademark) and you waive the
right to receive any financial or other consideration in connection with
such Submission including, but not limited to, credit. You agree that
any Submissions may be used, edited, removed, modified, published, transmitted,
and displayed by Bright Kids at Home without any notice to you. In addition,
you agree to waive any and all moral rights in such Submissions. Co-branders
are responsible for the content of their sites. A submission is defined
as a request to have some information posted on the Bright Kids at Home
website or Yahoo Groups. It does not include ordinary emailings with questions
or comments you wish me to respond to privately.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Bright Kids at Home, Bright Kids at Home
does not operate, control or endorse any information, products or services
on the Internet in any way. Except for Bright Kids at Home- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with Bright Kids at Home. You also understand
that Bright Kids at Home cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
2.01
Linked Sites
Bright Kids at Home , may be, but is not necessarily affiliated with sites
which are linked to or from this site and in either case is not responsible
for their content ("Linked Sites"). The Linked Sites are for
your convenience only and you access them at your own risk.
Disclaimers and Limitations on Liability
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Bright Kids at Home PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Bright Kids at Home SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Bright Kids at Home DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Bright Kids at Home HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Bright Kids at Home BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Bright Kids at Home OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Bright Kids at Home LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Bright Kids at Home makes no representations whatsoever about any other
web site which you may access through this one or which may link to this
Site. When you access a non-Bright Kids at Home web site, please understand
that it is independent from Bright Kids at Home, and that Bright Kids
at Home has no control over the content on that web site. In addition,
a link to a Bright Kids at Home web site does not mean that Bright Kids
at Home endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Bright Kids at Home,
its officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Bright Kids at Home and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements made
and to be performed in The United States of America. You agree that any
legal action or proceeding between Bright Kids at Home and you for any
purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action
or claim you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. Bright Kids at Home's failure to insist upon
or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. Bright Kids at Home may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Privacy Policy
All personal information collected on this Website by Bright Kids at Home
and/or its affiliated companies will be utilized primarily for internal
purposes and/or to enhance visitor enjoyment and experience. Bright Kids
at Home may also use email addresses or other personally identifiable
information to contact visitors who directly communicate with Bright Kids
at Home. For example, to notify visitors that they have won a game/contest,
to provide a requested newsletter, or respond to visitors' questions.
Any such contact by Bright Kids at Home is deemed by you to be at your
request and with your permission, and shall be deemed by the parties,
respectively, to be in compliance with any and all anti-spamming laws
that now exist or, shall hereafter be enacted. In some instances, where
specified, personal information submitted by visitors may be used for
marketing and promotional purposes relating to the Website or other informational
properties. Bright Kids at Home currently does not share any personally
identifiable information provided by visitors with third parties, unless
specified at time of collection. Bright Kids at Home bears no responsibility
for any action or policies of any third parties who collect any information
visitors may disclose on the bulletin boards, chat areas, other public
forums, or other company hosted websites linked within this Website.
Bright Kids at Home runs one Yahoo Group. In their Privacy Policy they
do recommend Family Accounts so adults may supervise the use of the groups
by young people.
Bright Kids at Home utilizes Google Analytics to help determine .trends
and interests of visitors. You may see a sample of the type of data
collected here.
Bright Kids at Homeaffiliates may utilize a "cookie" on this
Website. A cookie is a piece of information that is transferred to a visitor's
hard drive for record-keeping purposes. If visitors choose to, they have
the option to set their browser so that they have the ability to refuse
cookies. Bright Kids at Home requests that all visitors to the Website
that are under the age of 18 not disclose or provide any personal information
on this Website unless they provide written authorization to Bright Kids
at Home from their parent or legal guardian.
Some ads are from affiliate services. Though Bright Kids at Home is not
responsible for their privacy terms, I shall link the major affiliates
here for your information:
Bright
Kids at Home reserves the right to modify, alter or otherwise update this
policy at any time so visitors are encouraged to review this policy from
time to time.
Any
rights not expressly granted herein are reserved. COPYRIGHT NOTICE.©
2005-2008
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