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1. Acknowledgment and Acceptance of Terms of Use
eXplorerkid website (collectively, 'Site') is owned and operated by eXplorerkid (collectively, 'Company') and provided to you under eXplorerkid’s Terms and Conditions of Use and any operating rules or policies that may be published by the Company. The Site comprises the entire Agreement between users of the Site (collectively, 'User') and the Company and supersedes all prior agreements between the parties regarding the subject matter contained herein.
2. Description of Site
The Company provides the User with the capability to view and download materials from the Site and transmit or post information and original materials to the Site. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; and (2) provide for User's own access to the World Wide Web, including payment for any service fees associated with such access.
In using the Site, User agrees to: (1) provide certain current, complete, and accurate information as prompted to do so by the Site when using it and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested when using the Site shall be referred to as registration data (collectively, 'Registration Data'). User grants the Company the right to disclose to third parties certain Registration Data; however, such disclosures will exclude User's name, mailing address, e-mail address, account and telephone number, unless: (1) User expressly directs the Company, or any other person User may specifically designate to disclose such information through the Site as provided by the Site or (2) the Company is required to disclose such information by any applicable law or legal process served on the Company.
If any information provided by User is incomplete or inaccurate or any User communication contains inappropriate, threatening, libelous, obscene, harassing or offensive material, the Company retains the right to not deliver User's communication and terminate User's Membership and rights to use the Site.
3. Modifications to Terms and Conditions of Use
The Company may change the terms and conditions from time to time. All changes shall be effective upon posting. User's continued use of the Site constitutes an affirmative: (1) acknowledgment by User of the Terms and Conditions of Use and its modifications; and (2) agreement by User to abide and be bound by the Terms and Conditions of Use and its modifications.
4. Modifications to Site
The Company reserves the right to modify or discontinue the Site with or without notice to User. The Company shall not be liable to User or any third party should it exercise its right to modify or discontinue the Site.
5. Use of Software
If User downloads software from the Site, use of the Software is subject to the licence terms in the Software Licence Agreement that accompanies or is provided with the Software. User may not install the Software unless User has read and accepted the terms of the Software Licence Agreement.
6. Privacy Policy
It is the Company's policy to respect the privacy of its User. The Company will not monitor, edit or disclose the contents of a User's private communications except for the following purposes: (1) to electronically scan the content of communications for inappropriate words; (2) as required to do so by law; or (3) in the belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company; (b) protect and defend the rights or property of the Company; or (c) act under exigent circumstances to protect the personal safety of its Users or the public.
User acknowledges and agrees that certain technical processing of messages and their content may be required to: (1) send and receive messages; (2) scan messages for inappropriate words; (3) conform to connecting networks' technical requirements; (4) conform to the limitations of the Site; or (5) conform to other similar requirements.
7. Copyright
The text, artwork, pictures, audio, video and information on the Site are protected by copyright laws. User may not modify or use the materials for any other purpose without the express written consent of the Company. User may not post, transmit, reproduce, republish or distribute any materials from the Site.
8. Communications
User agrees that the Company may send electronic mail to User for the purpose of advising User of changes or additions to this Site, about any products or services, or for such other purpose(s) as the Company deems appropriate.
9. Disclaimer
All contents on the Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. User acknowledges that use of the Site is at User's sole risk, that User will assume full responsibility for all costs associated with necessary servicing or repairs of any equipment User uses in connection with use of the Site, and that the Company shall not be liable for any damages of any kind related to User's use of this Site. |
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