Terms and Conditions
Welcome to the KidShape Website!
The KidShape Website (“this Website”) is owned and operated by the KidShape Foundation (“we”). We provide use of this Website and of the resources and services available through the KidShape Website subject to these Terms and Conditions of Use (“these Terms”). By accessing any part of this Website, its user (“you”) agrees to be bound and to abide by these Terms. If you do not agree with any part of these Terms, please do not use this Website.
We may change or revise these Terms at any time, for any reason and without notice. Your continued use of the KidShape Website signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms.
The KidShape Foundation is a collaborative community committed to the continuous improvement of healthcare for children and families. You agree to maintain an atmosphere of decorum and to adhere to the highest standards of respect and courtesy, especially when discussing issues that are controversial. You may not post insulting, offensive, abusive, or libelous or otherwise illegal comments.
The service-marks KinderShape and TeenShape and the trade dress of this Website (“our Marks”) are exclusive property of the KidShape Foundation. Commercial use of our Marks, of KidShape, or of any word, term, name, or symbol that dilutes our Marks, or of any word, term, name, or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with the KidShape Foundation or our approval or sponsorship of the user’s products or services, is strictly prohibited by law. All other trademarks and service-marks that appear on this Website are property of their respective owners.
Copyrights in the content of this Website are exclusive property of the KidShape Foundation. You may not use or exploit these materials in any way without our written permission. Please direct all such inquiries to: The KidShape Foundation, 8733 Beverly Blvd., Suite 400, Los Angeles, CA 90048; Telephone: 888-600-6444; Fax: 310-652-8085.
You grant us an irrevocable, world-wide, perpetual, royalty-free, sub-licensable right to copy, reproduce, modify, distribute, transmit, display, perform, publish and otherwise use, through any means or media, whether now existing or subsequently developed, any materials that you post on or submit to this Website or that you authorize us to post on this Website (“your materials”). You also grant us an irrevocable, world-wide, perpetual, royalty-free, sub-licensable right to use your name and likeness in connection with your materials. We will not pay you any compensation in connection with your posting or submission. We may remove your materials from this Website at any time, for any reason, and without notice to you.
By posting or submitting your materials or authorizing us to post your materials, you represent and warrant that you own or otherwise control all of the rights in your materials, or that you have the rights necessary to grant the above license to us, and that your materials do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. You will indemnify and hold harmless the KidShape Foundation and its directors, officers, employees, agents, subsidiaries, affiliates, successors, or assigns for and against any and all claims, actions, and damages that are related to or result from your materials or their posting on or submission to this Website.
ACCESS TO PASSWORD PROTECTED SECTIONS
To access those areas of this Website that are password protected (Instructors Section, Parents Section, Graduates Section), you must complete a registration process by providing us, through your KidShape licensee, with complete and accurate information, and by choosing a username and a password. You are solely responsible for maintaining the confidentiality of your account access information and for any and all activities that occur under your password. You are also solely responsible for any and all losses or damages to you, the KidShape Foundation or to third parties that result from unauthorized use of your account access information. You agree to notify us immediately of any suspected or actual unauthorized use of your account or your password, or of any other security breach.
This Website contains links to websites of third parties. Neither these third parties nor their websites are maintained by, or under the control of, the KidShape Foundation. We have reviewed these sites, but do not monitor or continually examine or evaluate these third-party websites, and are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, or endorse them or their owners or operators, and we do not assume any responsibility or liability for them.
REPRESENTATIONS AND WARRANTIES
We provide this Website on an “as is” and “as available” basis. We do not promise that this Website or any content or service featured on this Website will be error-free, complete, timely, reliable or uninterrupted, or that any defects will be corrected, or that your use of this Website will provide specific results.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR THE COMPUTER PROGRAMS USED IN CONNECTION WITH THIS WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT ARE RELATED TO OR ARISE FROM THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. You assume the entire responsibility for your use of this Website or of any third-party materials. Your sole remedy against us is to stop using this Website.
If, however, the KidShape Foundation is found to be liable to you for any damage or loss that arises out of or is related to your use of this Website, our liability shall, in no event, exceed the greater of: (a) the sum equal to the total of the amounts paid by you in connection with your use of our services on this Website during the immediately preceding year; or (b) One Hundred Dollars ($100).
Please note that some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages; for that reason, some of the above exclusions may not apply to you.
NOTIFICATION OF CLAIM OF COPYRIGHT INFRINGEMENT
Osvaldo G. GarciaThe KidShape Foundation8733 Beverly Boulevard, Suite 202Los Angeles, CA 90048
To notify us of your claim of copyright infringement with respect to any of the content of this Website, please send a written communication to:
Telephone: 888-600-6444Facsimile: 310-652-8085E-mail: Osvaldo@KidShape.com
Your notice should contain:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. 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
6. 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.
DISPUTES AND APPLICABLE LAW
In the event of a dispute between you and the KidShape Foundation that arises out of, or is related to, this Website or these Terms, or their interpretation or validity, you agree to cooperate with us, in good faith, in the attempt to resolve such dispute. The laws of the State of California, United States of America, without regard to the principles of conflicts of laws, will govern your use of this Website and these Terms, and their interpretation or validity, and any dispute between you and the KidShape Foundation related to them. The courts sitting in Los Angeles county, California and related appellate courts, will have exclusive personal jurisdiction over you in such dispute, and you waive all objections to their exercise of such jurisdiction.