Updated:  [3-22-14]

 

PunchBugKIDS Limited Liability Company (“PunchBugKIDS” “we,” “us” or “our”) welcomes you to our site. PunchBugKIDS maintains this site (the “PunchBugKIDS Site”) in furtherance of our commitment to families to provide them with a comprehensive resource guide, placing events, fun and volunteer opportunities at their fingertips.

 

This Terms of Use Agreement (the “Terms”) governs your use of the PunchBugKIDS Site, including the web content, products, technology and services provided by PunchBugKIDS and available on the PunchBugKIDS Site (collectively, the “PunchBugKIDS Services”). Please carefully read these Terms before accessing the PunchBugKIDS Services as they govern use of the PunchBugKIDS Services by all persons and entities, including you (each a “User”), and constitutes an agreement between you and PunchBugKIDS. By accessing the PunchBugKIDS Services, you signify that you have read the Terms and agree to be bound by them and the PunchBugKIDS Privacy Policy, which is incorporated herein and available on the Our Policies page, as well as any applicable laws and regulations. We may update these Terms from time to time. Each time you use any of the PunchBugKIDS Services, the current version of the Terms will apply. Accordingly, when you use the PunchBugKIDS Services, you should check the date of the Terms (which appears at the top of this page) and review any changes. If you do not agree with the Terms, you may not access or otherwise use the PunchBugKIDS Services. Where applicable under law, these Terms constitute a writing signed by you.

 

PunchBugKIDS reserves the right to take any legal or technical remedies to prevent the violation of the Terms and to protect the PunchBugKIDS Services, Users, and the rights and property of PunchBugKIDS and its affiliates.

 

1. Intellectual Property

We respect the intellectual property rights of others and we ask that you do the same. Except for any third party content used as part of the PunchBugKIDS Site, the data and materials on the PunchBugKIDS Site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the PunchBugKIDS Site (collectively, “PunchBugKIDS Content”) are the intellectual property of PunchBugKIDS.

 

PunchBugKIDS Content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. We reserve all rights not expressly granted in and to PunchBugKIDS Content. Except as provided in these Terms, PunchBugKIDS Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of PunchBugKIDS. If you violate these Terms, your permission to use the PunchBugKIDS Services automatically terminates and you must immediately destroy any copies you have made of the PunchBugKIDS Content.

 

2. Limited License to Use PunchBugKIDS Content

Copyrighted Material. PunchBugKIDS Content, including but not limited to copyrighted material such as text, photos and videos, may not be reproduced, copied or redistributed without the express written authorization of PunchBugKIDS. PunchBugKIDS reserves all rights to take legal action in the event of any unauthorized use of the PunchBugKIDS Content.

 

Without limiting the generality of the foregoing and subject to the conditions set forth herein, PunchBugKIDS hereby grants Users a non-exclusive, non-transferable limited right to use PunchBugKIDS Content for newsworthy, editorial and personal uses only (the “PunchBugKIDS Limited License”), provided that such use adheres to the following guidelines:

 

All copyrighted material must include a clearly visible copyright notice; and
The copyright notice must be followed with a link to the source of the copyrighted material on the PunchBugKIDS Site; and

 

In no event does the PunchBugKIDS Limited License authorize the use of PunchBugKIDS Content in connection with advertising or promotions, or in items or products offered for sale. Permission to reproduce, copy and redistribute copyrighted material does not extend to any third party materials that appear on the PunchBugKIDS Site. Any use of PunchBugKIDS Content that does not comply with the PunchBugKIDS Limited License and has not otherwise been authorized by PunchBugKIDS may result in legal action by PunchBugKIDS.

 

Trademarks. PunchBugKIDS owns certain registered and common law trademarks and may display these trademarks on the PunchBugKIDS Site. Use of any PunchBugKIDS trademarks without express written authorization of PunchBugKIDS is prohibited.

 

If you have questions about whether your intended use of PunchBugKIDS Content is consistent with these Terms or wish to request permission to use any PunchBugKIDS Content in a manner otherwise prohibited under these Terms, please contact: info@punchbugkids.com.

 

3. User Submitted Content

You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submitted Content”) that you submit, upload, publish, post or display on or through the PunchBugKIDS Services. You may not post, transmit or share User Submitted Content on the PunchBugKIDS Services that you did not create or that you do not have permission to post. While PunchBugKIDS has the right to monitor activity and content associated with the PunchBugKIDS Services, and may choose to pre-prescreen User Submitted Content, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that PunchBugKIDS may use certain automated filters and other tools to block spam and to categorize and arrange User Submitted Content on the PunchBugKIDS Services. We may, but will have no obligation to, remove or limit access to User Submitted Content originating from any User we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does PunchBugKIDS have any obligation to verify the accuracy, timeliness or truthfulness of any User Submitted Content, nor to monitor any User on the PunchBugKIDS Site. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submitted Content that you post or store on the PunchBugKIDS Services.

 

The PunchBugKIDS Services may include various forums, blogs and bulletin boards where you can post your observations and comments on designated topics. PunchBugKIDS does not guarantee that other Users will not use ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the PunchBugKIDS Services. PunchBugKIDS and PunchBugKIDS affiliates are not responsible for Users’ misuse or misappropriation of any content or information that you post anywhere on the PunchBugKIDS Services.

 

You understand and agree that in using the PunchBugKIDS Services, you may be exposed to User Submitted Content that you find offensive, indecent and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will PunchBugKIDS be liable in any way for any User Submitted Content, including but not limited to errors or omissions in any User Submitted Content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submitted Content posted, emailed, transmitted or otherwise made available via the PunchBugKIDS Services.

 

In posting any User Submitted Content, you represent that you have all rights necessary to post such User Submitted Content without violation of any intellectual property or other rights or any laws or regulations. You further understand and agree that by posting any User Submitted Content on the PunchBugKIDS Services, or otherwise providing any User Submitted Content to PunchBugKIDS, including without limitation suggestions, feedbacks, testimonials or other materials you submit to PunchBugKIDS through the PunchBugKIDS Services, you are granting PunchBugKIDS a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt and distribute that content (in whole or in part) for use in connection with or related to the PunchBugKIDS Services, or any part thereof, for the full term of any copyright that may exist in such User Submitted Content, and that the foregoing license includes a right for PunchBugKIDS to make such User Submitted Content available to third parties, in each case without any compensation or obligation to you, subject to the PunchBugKIDS Privacy Policy. You hereby further grant PunchBugKIDS the right to edit, copy, publish and distribute any User Submitted Content made available on or through the PunchBugKIDS Site by you, for any lawful purpose. You also permit any other User to access, view, store or reproduce any content or links posted by you, subject to the Terms. PunchBugKIDS does not assert any ownership over any User Submitted Content. Rather, as between you and us, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Submitted Content and any intellectual property rights or other proprietary rights associated with your User Submitted Content.

You understand that PunchBugKIDS cannot and does not guarantee the identity of any other User with whom you interact in the course of using the PunchBugKIDS Services. Additionally, we cannot and do not guarantee the authenticity of any data or information that Users may provide about themselves or any other User Submitted Content that is posted or otherwise made available on the PunchBugKIDS Services. You agree that you must evaluate, investigate and bare all risks associated with the use of any User Submitted Content, including reliance on the accuracy, completeness or integrity of such User Submitted Content.

 

You further understand and agree that PunchBugKIDS may preserve User Submitted Content, and may also disclose User Submitted Content, including personally identifiable information (notwithstanding the Privacy Policy), if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms or any other applicable agreement or policy; (c) respond to claims that any User Submitted Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PunchBugKIDS, its Users and the public. Without limiting the generality of the foregoing, PunchBugKIDS may be required to disclose information pertaining to User Submitted Content to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize PunchBugKIDS to comply with any and all lawful notices, subpoenas, court order or warrants without prior notice to you.

 

4. User Conduct

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account. By using the PunchBugKIDS Services, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:

 

Use the PunchBugKIDS Services for any unlawful purpose, including but not limited to conspiring to violate law;
Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Create a false or misleading identity, including, but not limited to, impersonating a PunchBugKIDS employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Use the PunchBugKIDS Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the PunchBugKIDS Services, including but not limited to interfere with or disrupt the PunchBugKIDS servers or networks connected to the PunchBugKIDS Site, or disobey any requirements, procedures, policies or regulations of networks connected to the PunchBugKIDS Site;
Attempt to gain unauthorized access to the PunchBugKIDS Site, User accounts, computer systems or networks connected to the PunchBugKIDS Services, through password mining or any other means;
Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the PunchBugKIDS Services;
Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the PunchBugKIDS Site, except as expressly authorized by PunchBugKIDS, provided that, unless otherwise determined by PunchBugKIDS, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
Copy any part of the PunchBugKIDS Services without the express permission of PunchBugKIDS unless permitted to do so under these Terms, remove any copyright, trademark or other proprietary notices from the PunchBugKIDS Site or any copy thereof without the express permission of PunchBugKIDS, or cause, permit or authorize the modification, creation of derivative works, or translation of the PunchBugKIDS Site without the express permission of PunchBugKIDS;
Reformat or frame any portion of the web pages that are part of the PunchBugKIDS Services;
Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
Interfere with another User’s use and enjoyment of the PunchBugKIDS Services;
Harvest or collect email addresses or other contact information of Users, including usernames, from the PunchBugKIDS Services by electronic or other means;
Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third party web site or service;
Take any steps to interfere with or in any manner compromise or circumvent any of PunchBugKIDS’s privacy or security measures;
Allow usage by others in such a way as to violate these Terms, the Privacy Policy or any other applicable agreements or policies in effect from time to time; or
Use the PunchBugKIDS Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.

 

5. Links to Third Party Websites and Third Party Transactions

The PunchBugKIDS Site contains links to websites other than our own, including to vendors that offer their services (each a “Vendor) through the PunchBugKIDS Site. PunchBugKIDS has no control over any third party sites or their content and does not assume responsibility or liability for any content, opinions, materials, or services available on them. PunchBugKIDS does not control or endorse the content of any third party site, nor does PunchBugKIDS warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you decide to leave the PunchBugKIDS Services and access a third party site or use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms may no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the PunchBugKIDS Services, or relating to any applications from a third party site that you access through the PunchBugKIDS Services. If you choose to enter into a transaction with a Vendor, you should be aware that such transactions do not take place on the PunchBugKIDS Site and that PunchBugKIDS is not responsible for the processing or security of such transactions.

 

6. PunchBugKIDS Social Media

 

PunchBugKIDS has numerous accounts across social media platforms that are accessible on or through the PunchBugKIDS Site, as well as directly through the social media platforms themselves (“PunchBugKIDS Social Media”). These social media platforms may have their own policies and procedures that govern your use. To the extent that a social media platform does not have its own policies and procedures in place or the policies and procedures do not address topics covered under these Terms, the Terms shall govern your use of all PunchBugKIDS Social Media. Without limiting the foregoing, uploading, publishing, posting or displaying the following is expressly prohibited on all PunchBugKIDS Social Media:

 

Unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable material, or material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Flame messages, spam and trolling;
Political or religious discourse;
Intentionally false or misleading statements;
An offer to sell or buy any product or service;
Material that infringes on a third party’s intellectual property rights, including copyright, trademark and other proprietary rights;
Any content that contains in any form software viruses or such files or programs designed to interrupt, destroy or limit the functionality of the PunchBugKIDS Services or damage any computer software or hardware or telecommunications equipment;
Information that you know to be confidential or sensitive or otherwise in breach of the law; and
Comments that are intended to or have the appearance of being intended to intimidate PunchBugKIDS employees.

 

PunchBugKIDS reserves the right, but does not have the obligation, to monitor PunchBugKIDS Social Media and delete any postings that violate the permitted uses of PunchBugKIDS Social Media as described herein.

 

PunchBugKIDS’s use of social media does not confer and should not be construed to confer, by implication, estoppel or otherwise, any license or right under any copyright, trademark or other proprietary right to any material whatsoever that is owned or licensed by PunchBugKIDS.

PunchBugKIDS Social Media includes web pages within the following social media properties. The list of PunchBugKIDS Social Media is not comprehensive and is subject to change from time to time:

 

Facebook: www.facebook.com/PunchBugKIDS

Twitter:  https://twitter.com/PunchBugKIDS

YouTube:

Pinterest:  www.pinterest.com/PunchBugKIDS/

Instagram:

Foursquare:

Google+:

 

7. Passwords and Account Security

We may make certain PunchBugKIDS Services accessible only to those Users that have created an account with us. If we do so, and if you create an account, you acknowledge that we will treat anyone who uses your account as “you.” We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your user ID and password in confidence and that you refrain from disclosing this information to anyone. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

 

8. Modification or Termination

PunchBugKIDS reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the PunchBugKIDS Services (in whole or in part) with or without notice to you.

 

PunchBugKIDS may terminate your account and may suspend or remove you from the PunchBugKIDS Services without prior notice for any reason or no reason at our sole discretion. You agree that PunchBugKIDS will not be liable to you or any third party for any modification, suspension or discontinuance of the PunchBugKIDS Services.

 

9. Indemnification

By accepting these Terms, you agree to indemnify and otherwise hold harmless PunchBugKIDS, its directors, officers, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (i) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the PunchBugKIDS Site; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. PunchBugKIDS reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with PunchBugKIDS in the defense of any such claim, action, settlement or compromise negotiations, as requested by PunchBugKIDS.

 

10. Disclaimers

Any new feature, tool or information added to or that enhances the PunchBugKIDS Services will automatically become part of the PunchBugKIDS Services and will be subject to these Terms. In using the PunchBugKIDS Services, you acknowledge and agree that the PunchBugKIDS Services may also include third party advertisements and marketing tools. While PunchBugKIDS makes a reasonable effort to provide accurate and useful information to its Users, PunchBugKIDS makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the PunchBugKIDS Site or available through the PunchBugKIDS Services.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PunchBugKIDS SERVICES IS AT YOUR OWN RISK AND THAT THE PunchBugKIDS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. PunchBugKIDS AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PunchBugKIDS SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PunchBugKIDS SERVICES. THE PunchBugKIDS SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY PunchBugKIDS, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE PunchBugKIDS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE PunchBugKIDS SITE AND THE PunchBugKIDS SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE PunchBugKIDS SERVICES.

 

THE RELEASED PARTIES MAKE NO WARRANTY THAT (a) THE PunchBugKIDS SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE PunchBugKIDS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PunchBugKIDS SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE PunchBugKIDS SITE WILL MEET YOUR EXPECTATIONS, (e) THE PunchBugKIDS SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (f) ANY ERRORS IN THE PunchBugKIDS SERVICES WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PunchBugKIDS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PunchBugKIDS OR THROUGH OR FROM THE PunchBugKIDS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE PunchBugKIDS SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Third party websites that are accessible through the PunchBugKIDS Services may provide warranties and applicable disclaimers in their terms of use and related documents. We encourage you to review their terms of use for more information on their warranties and applicable disclaimers.

 

11. Limitations on Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE PunchBugKIDS SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE PunchBugKIDS SITE; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE PunchBugKIDS SERVICES); (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PunchBugKIDS SERVICES; OR (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PunchBugKIDS SERVICES BY ANY THIRD PARTY.

 

PunchBugKIDS RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE PunchBugKIDS SERVICES OR THE CONTENT ON THE PunchBugKIDS SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PunchBugKIDS SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE PunchBugKIDS SERVICES AND THE PunchBugKIDS SITE.

 

NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL PunchBugKIDS’ CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE PunchBugKIDS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

12. Contact for Alleged Copyright Infringement

If you believe that your work has been copied and posted on the PunchBugKIDS Site or through the PunchBugKIDS Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the PunchBugKIDS Site; your address, telephone number, and email address; a written 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.

 

DMCA CONTACT:
PunchBugKIDS
PO Box 1392

Princeton NJ 08540

Email: privacy@punchbugkids.com
 

Upon receipt of notice as described above, PunchBugKIDS will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the PunchBugKIDS Site, in accordance with applicable law.

 

13. Contests, Promotions or Games

PunchBugKIDS may, from time to time, announce contests, promotions or games available on or through the PunchBugKIDS Services (“PunchBugKIDS Contests”). You must meet any designated age and/or residency requirements to participate in any PunchBugKIDS Contests. Additional rules will be posted for PunchBugKIDS Contests on a case by case basis and are hereby incorporated into these Terms.

 

14. Children Under the Age of 13

The PunchBugKIDS Services are directed at parents and not children. Children under the age of 13 should not attempt to use or access PunchBugKIDS Services.

 

15. Privacy Policy

These Terms must be read in conjunction with our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein. For information on how information is collected, used or disclosed by us in connection with your use of the PunchBugKIDS Services, please consult our Privacy Policy on the Our Policies page.

 

16. Applicable Laws

PunchBugKIDS makes no representation that materials on the PunchBugKIDS Site are appropriate or available for use outside the United States, and access to them from territories where their content are illegal is prohibited. You may not use, export or re-export the PunchBugKIDS Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the PunchBugKIDS Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

 

The Terms and the Privacy Policy shall be governed and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You and PunchBugKIDS agree to submit to the personal and exclusive jurisdiction of state and federal courts located in Mercer County, New Jersey.

 

17. Miscellaneous

The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of PunchBugKIDS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.

 

PunchBugKIDS reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the PunchBugKIDS Services, Users, and the rights and property of PunchBugKIDS and its affiliates.

 

We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PunchBugKIDS Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

18. Changes to the Terms

We reserve the right to update or modify these Terms at any time and without prior notice, by posting the revised version of the Terms on the PunchBugKIDS Site.

 

19. Contact Us

Please send any questions, concerns or comments, or report violations of the Terms to us at privacy@punchbugkids.com.