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Terms of Service

WELCOME TO KIDZVUZ MEDIA 

KidzVuz Media is a Gen Z Media and Marketing Company. The KidzVuz Media website www.KidzVuzMedia.com, is a site intended to introduce and explain our services to potential clients and partners.  If you’re a kid, please visit us at www.KidzVuz.com.   

USING THE SITE 

  1. AGREEMENT TO TERMS.

By using this Website, you agreed to accept all terms and conditions written herein. You must not use this Website if you disagree with any of these Terms and Conditions. 

2. PROHIBITED USES.

You are specifically restricted from all of the following: 

  • publishing any KidzVuz Media material in any other media; 
  • selling, sublicensing and/or otherwise commercializing any material from this website; 
  • publicly performing and/or showing any material from this website. 
  • using this Website in any way that is or may be damaging to it; 
  • using this Website in any way that impacts user access to this Website; 
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; 
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; 
  • using this Website to engage in any advertising or marketing.

 3. OUR CONTENT AND MATERIALS.

All intellectual property in or related to the Site (specifically including but not limited to our software and the KidzVuz trademarks and logo, but excluding  third-party websites or third-party content linked to or posted within the Site), is the property of KidzVuz or it partners(“Our Content and Materials”). Except as expressly provide in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. 

4. THIRD-PARTY CONTENT AND WEBSITES.

KidzVuz Media contains third-party content and access to third-party websites over which we have no control. We assume no responsibility for the content or conduct of third-parties, including third-party websites or persons. 

COMMUNICATIONS

  1. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT.

KidzVuz respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  

If you believe your work has been copied and posted on or through the KidzVuz services in a way that constitutes copyright infringement, please email us at info@kidzvuz.com with the following information: 

  • identification of the copyrighted work claimed to have been infringed, 
  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the KidzVuz site (by providing a URL, for example); 
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; 
  • a 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; 
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and 
  • your physical or electronic signature.  

KidzVuz’s Copyright Agent for notification of claimed infringement can be reached as follows: info@kidzvuz.com. 

 2. EMAIL UPDATES.

If you sign up on our Site to receive our newsletter or updates, you agree that we may send them to you at the email you provide. You can unsubscribe at any time. 

3. FEEDBACK

Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the site (collectively “Feedback”) submitted to KidzVuz shall become the property of KidzVuz. KidzVuz will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations. Without limitation, KidzVuz will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not KidzVuz, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. 

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

DISCLAIMER:  WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE.  WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. 

  • Warranty Disclaimers 

We administer, control and operate the Site from our offices in New York State, the United States of America. The Services are accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Services and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Services may not be legal in your jurisdiction. If you choose to access, browse or use the Services, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Services to any person and geographic area. Any offer for any feature or function made on the Services is void where prohibited. 

The Services provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Services. 

Some Site Content is provided by the users of the Services. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content. 

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Services or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content or Posted Content. 

The Services are provided “AS-IS,” with “ALL FAULTS” and “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SERVICES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SERVICES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SERVICES OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. 

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR CREDENTIALS AND DISCONTINUE ALL USE OF THE SERVICES. 

  • General Limitation of Liability 

IN NO EVENT SHALL KIDZVUZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE KIDZVUZ SERVICES OR LINKED SERVICES, EVEN IF KIDZVUZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. KIDZVUZ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO KIDZVUZ FOR THE KIDZVUZ SERVICES DURING THE TERM OF MEMBERSHIP OR (B) $100. 

  • Posted Content Disclaimer 

Posted Content may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms of Service and/or Uploading Agreement, and KidzVuz assumes no responsibility or liability for Posted Content. KidzVuz makes no warranties, express or implied, as to the Posted Content or the accuracy and reliability opinions expressed therein. KidzVuz does not endorse the opinions, recommendations, or advice expressed in or by Posted Content. KidzVuz further assumes no responsibility for monitoring the Site and/or the Services. If at any time KidzVuz chooses, in its sole discretion, to monitor the Site or the Services, KidzVuz nonetheless assumes no responsibility for Posted Content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the member submitting any such Posted Content. In addition, KidzVuz is not responsible for any damage, injury or loss caused by users of the Site or the Services. 

  • Indemnification 

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Service by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct. 

  • Electronic Contracting and Notice 

Your affirmative act of using and/or registering for the Site or the Services constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically. 

  • Entire Agreement 

These Terms of Service, together with the Uploading Agreement, Privacy Policy and any other any supplemental terms, policies, rules, guidelines and legal notices posted on the Services shall constitute the entire agreement between you and KidzVuz concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and KidzVuz’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

  • Choice of Law and Dispute Resolution 

You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over KidzVuz, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any controversy, claim or dispute between you and KidzVuz that arises in whole or in part from the Service shall be decided exclusively by final and binding arbitration to be conducted by an arbitration tribunal in Manhattan County, in the City of New York, in the State of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate. 

  • Assignment 

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void. 

© 2018 KizVuz, LLC – All rights reserved. 

 

 

 

 

 

 

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