This Internet Website Use Agreement (The "Agreement) is between you and The Senses Kids Club with a principal place of business at fort mill S.C. Use of The Senses Kids Club Internet Website () signifies your agree to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use The SensesKids Website.
Modification of Agreement
(4) The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of The Senses Kids Club Website, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS IS, only for your information and personal, non-commercial use. All Content contained on The Senses Kids Club Website is protected by copyright, and are owned or controlled by The Senses Kids Club or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. . Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever, without the prior written permission from The Senses Kids Club or the copyright holder identified in the individual Content's copyright notice.
(5) In order to register as a user (“User” or “Users”) with The Senses Kids Club, you must be at least eighteen (18) parent or guardian. You affirm that all information you provide in registering with The Senses Kids Club is true and complete. Commercial businesses may not register with the The Senses Kids Club Website unless they are pre-approved by The Senses Kids Club. Your registration will take effect upon acceptance of your registration form by The Senses Kids Club. Other terms and conditions may apply to your registration as posted from time-to-time on the Website. You may terminate your registration at any time, for any reason by following the instructions on the Manage Your Account page of the Website. The Senses Kids Club reserves the right to reject and to terminate your registration and use of the Website at any time, for any reason without notice to you. The Senses Kids Club also reserves the right to provide notices and alerts to users from time to time about the use of the website and information on feature updates and changes.
(6) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications) to the Website, you hereby grant to The Senses Kids Club a unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, in all or hereafter developed (including but not limited to photos, videos, audio files, text and other materials). You hereby waive all rights to any claim against The Senses Kids Club for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from the Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to The Senses Kids Club, no confidential, fiduciary, contractually implied or other relationship is created between you and The Senses Kids Club other than pursuant to this Agreement. You acknowledge and agree that (i) The Senses Kids Club has no obligation to use or respond to any Communications; (ii) The Senses Kids Club does not and shall not have any obligation to preview or review any Communications; (iii) The Senses Kids Club does not assure the accuracy or quality of Communications, or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the Website; (iv) The Senses Kids Club may monitor any or all Communications in its sole discretion; (v) The Senses Kids Club may remove any Communications, in whole or in part, from the Website; and (vi) The Senses Kids Club may exclude any person from further use of the Website.
The responsibility for Communications is that of the persons transmitting the same to the Website. The Senses Kids Club disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to the Website and grant the rights to your Communications provided in this Agreement, and (ii) your Communications to be posted and transmitted to and through the Website, for the purposes authorized under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorized under this Agreement, and (c) the posting and transmission of your Communications on and through the The Senses Kids ClubWebsite for the purposes authorized under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulation or order.
Use of Website; Non-Commercial Use
(7) The Website is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, advertising, barter or pyramid schemes on or through the Website; (b) solicit personal identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through the (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other User; (e) use the Web site for, or conduct on or through the Website, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Website.
The Senses Kids Club reserves the right to restrict the number of emails which a user may send to other users in any twenty four (24) hour period to a number which The Senses Kids Club deems appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through the Website you acknowledge that you will have caused substantial harm to The Senses Kids Club website. That will be difficult, if not impossible, to ascertain, entitling The Senses Kids Club to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorized acts, in addition to such other rights and remedies as may be available to The Senses Kids Club.
While The Senses Kids Club assumes no responsibility for monitoring the Website, it will, when it deems it appropriate, investigate activity in connection with the Website that he Senses Kids Club believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by The Senses Kids Club, will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. The Senses Kids Club reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Disputes Between Users
(8) The resolution of disputes that may arise between Users is the sole responsibility of the Users, and he Senses Kids Club has no liability or obligation with respect to any such disputes.
(9) “The Senses Kids Club” and its logo are registered trademarks and/or service marks of he Senses Kids Club. All other trademarks, service marks and logos used on the Website are owned by he Senses Kids Club or used with permission of their respective owners.
Changes to Website
(10) The Senses Kids Club may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or Content. The Senses Kids Club may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
(11) You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least thirteen (13) years old or have the consent of your parent or guardian.
Copyright Infringement Complaints
(12) If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the The Senses Kids Club Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(13) You hereby agree to indemnify, defend and hold The Senses Kids Club, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. The Senses Kids Club reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of The Senses Kids Club.
(14) The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Web Site. Links to and from Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by The Senses Kids Club or any of its subsidiaries or affiliates of any third party resources, or their contents. The Senses Kids Club disclaims any and all responsibility for the content contained in any third party materials provided through links from the Web Site.
Disclaimer of Warranties
(15) THE SENSES KIDS SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SENSES KIDS WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SENSES KIDS CLUB AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SENSES KIDS WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SENSES KIDS SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SENSES KIDS WEBSITE OR ANY LINKED SITE. FURTHER, The Senses Kids Club AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CBN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SENSES KIDS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SENSES KIDS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SENSES KIDS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SENSESKIDS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability.
(16) (TSKC), ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SENSES KIDS WEBSITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SENSES KIDS WEBSITE, EVEN IF THE SENSES KIDS CLUB KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SENSES KIDS CLUB WEBSITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SENSES KIDS CLUB WEBSITE AND/OR THOSE SERVICES.
Choice of Law; Jurisdiction
(17) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF SOUTH CAROLINA UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COMMONWEALTH OF SOUTH CAROLINA UNITED STATES OF AMERICA.
(18) This Agreement constitutes the entire agreement between The Senses Kids Club and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Web site will be irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such a paragraph. If The Senses Kids Club fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive The Senses Kids Club right to take action concerning any subsequent or similar breach. The senses Kids Club will enforce to the maximum extent permissible as to effect the intent of the Agreement.