Hello and thanks for visiting the News4Kids.org website (the “Website”). Please read this carefully. These are the terms and conditions on which you may use the Website and the content/services available on it (which we call “News4Kids Content”). These terms apply to your use of the Website and all News4Kids Content regardless of the delivery platform or device you use to access it. By accessing the Website you are agreeing to the terms and conditions below. If you use Website in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business.
If you do not agree with the terms and conditions (or are not authorized to do so) do not use the Website. If you have any questions please contact firstname.lastname@example.org and use the headline “Terms and Conditions Questions” in the subject line. We recommend that you print, store or save a copy of these terms and conditions for your records and check back regularly as they may change from time to time.
To the extent permitted by law, these terms and conditions may change and we will provide notice of such changes on this page. You should regularly check these terms and conditions to see if any changes have been made. By using the Website after we have posted any changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the Website. References in these terms and conditions to “News4Kids” (or “we”, “us” or “our”) refer to Crystal Media Group, LLC with a business address at 526 Kedzie Street, Evanston, IL 60202, our directors, officers, employees, agents, consultants, advisers, representatives and/or our brands, divisions and subsidiaries.
Certain content and features of the Website are accessible to all users and other content and features are only accessible to registered users. We may change, alter, suspend or withdraw any part of the Website or the services available on it at any time.
Permitted Use. All elements of the News4Kids Content are either in the public domain or the property of News4Kids or their respective owners and authorized for use by us on the Website. Other than any elements from the public domain, News4Kids and/or its licensors own all intellectual property rights (including copyright, trademark and database rights) in the News4Kids Content and any selection or arrangement of the News4Kids Content. You may only use the News4Kids Content for your personal, non-commercial use.
Restrictions on Use. You may not use the Website for any unlawful purpose. You may not in any way commercially exploit the News4Kids Content.
Linking. If you would like to link to the Website, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Website:
• must not in any way imply that News4Kids is endorsing it or its products or services;
• may not remove, distort or otherwise alter the size or appearance of the logo;
• may link to the homepage of the Website only;
• must not misrepresent its relationship with News4Kids or present false information about News4Kids;
• must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
• must not be a site or service that contains content that could be construed as abusive, distasteful, offensive, defamatory, discriminatory, hateful or obscene.
We expressly reserve the right to require that any link in breach of these terms and conditions be removed and to take whatever other action we deem appropriate.
PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE WEBSITE.
News4Kids may, in its sole discretion, modify these Terms and Conditions from time to time. We may modify, suspend or discontinue, temporarily or permanently, the Website or any particular feature thereof, with or without notice, and without liability to you. Modifications to these Terms and Conditions will be posted on this page and will be effective immediately upon posting. By continuing to use the Website following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE. You should review this page periodically for the most recent Terms and Conditions.
To access some areas and features of our Website (“Services”), you must create an account. You may never use anyone else’s account without permission. When creating your account, you must provide accurate and complete information. When you sign up for an account, you will be asked to choose a password. You are entirely responsible for ensuring that your account password is kept confidential and secure. You agree not to use the account or password of any other account-holder at any time or to disclose your password to any third party. You are solely responsible for the activity that occurs on your account. If you discover any breach of security or unauthorized use of your account, you must notify us immediately. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of News4Kids or others related to such unauthorized use.
Our Content. The Services contain the News4Kids Content, which is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in News4Kids Content, as stated above in these Terms and Conditions, and the Services. We grant you a limited, revocable, non-sublicensable license to reproduce and display News4Kids Content (but not any software object or source code) solely for your personal use in connection with viewing the Website and using the Services. We reserve all rights not expressly granted in and to the News4Kids Content and the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any News4Kids Content or enforce limitations on use of the Website or News4Kids Content.
By using the Website, you will inevitably be exposed to content from many sources and on many subjects. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. By using the Website, you also may be exposed to content that is not accurate or that may be considered offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to such content and agree to indemnify, defend, and hold News4Kids, its owners, operators, officers, directors, affiliates, subsidiaries, agents, employees, consultants, advisers, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You acknowledge and agree that we reserve the right to charge for any portion of the Services and to change our fees (if any) from time to time in our discretion. If we terminate your account, in accordance with the section immediately below, you shall not be entitled to any refund of any unused portion of fees or payments (if any).
We may immediately terminate your account if we notice that your use of the Services infringes on the rights of any third party. In our sole discretion, we reserve the right to determine whether your use of the Website or Services violates these terms of Terms and Conditions in any way. In our sole discretion and without prior notice, we may suspend or terminate your access to the Services for violation of these Terms and Conditions at any time.
We are devoted to respecting the intellectual property rights of others, and require that you do the same. You may not embed, post, email, transmit or otherwise make available any material that infringes any right of privacy or publicity, copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you are a copyright owner or an agent thereof and believe that any use of the News4Kids Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act to us at email@example.com using the heading “Copyright Infringement Issue” as the subject line or Crystal Media Group, LLC at 526 Kedzie Street, Evanston, IL 60202, with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) your physical or electronic signature; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) reasonably sufficient identification of the material that is claimed to be infringing or to be the subject of infringing activity to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you (an address, telephone number, and an electronic mail address); (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the information in the notification is accurate, and that you are either the copyright owner or legally authorized to act on behalf of the owner. You acknowledge that if you fail to comply with all of these requirements, your notice may not be valid.
If you elect to send us a counter notice, to be effective, it must be a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement made by you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) information reasonably sufficient to permit us to contact you (an address, telephone number, and an electronic mail address); and (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under the section above entitled, “Protection of Other’s Copyrights and Intellectual Property,” or an agent of such person.
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. We do not intend to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter any information on this Website or should ask a parent to do so for you. Because the Website is not intended for access by children under 13 without the supervision and guidance of an adult, you affirm that you are over the age of 13. If you are under 13, then please do not use this Website without the consent of your parents or guardian. Instead, decide with your parents or guardian if they are willing to take responsibility for and supervise your access to this Website and the News4Kids Content or what other websites might be of interest to you.
DISCLAIMERS OF WARRANTIES: WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEBSITE OR NEWS4KIDS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND NEWS4KIDS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF NEWS4KIDS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, CONSULTANTS, ADVISERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM OR RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE. USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY NEWS4KIDS CONTENT, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, ANY PRINTABLE PAGES, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF ANY INJURY OR DAMAGE RESTS EXCLUSIVELY WITH YOU.
Some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Website and the provisions of these Terms and Conditions. The Website is controlled and offered by us in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless News4Kids, its owners, partners, officers, directors, employees, consultants, advisers, agents, licensors, affiliates and other representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and experts fees) related to: (a) your use of and access to the Website; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (d) any claim that you have caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
Any software or publication that may be made available for printing or downloading from the Website is protected by copyright and may be protected by other rights. The use or printing of such software or publication is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software or publication. The downloading or printing and use of such software or publication is conditioned on your agreement to be bound by these Terms and Conditions and any relevant licensing agreement or Legal Notice.
Software available in connection with the Services is further subject to United States export controls. No such software may be downloaded or printed from the Services or otherwise exported or re-exported in violation of U.S. export control laws. Downloading, printing or using software is at your sole risk.
These Terms and Conditions shall be interpreted, construed and governed by the laws of the State of Illinois, USA, without reference to its laws relating to conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the courts of Cook County, Illinois and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief without proving actual damages and without the necessity of posting a bond or any other undertaking therewith in the event that, in our opinion, such action is necessary or desirable.
We may assign these Terms and Conditions freely at any time without notice. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of each party’s permitted successors and assigns.
Should any portion or provision of these Terms and Conditions be found unenforceable, void or invalid, such portion or provision will be limited or deleted to the minimum extent necessary so that the remaining provisions remain in full force and effect. Our failure to expressly enforce any provision of these Terms and Conditions does not waive our rights to enforce that or any other provision.
These Terms and Conditions are effective as of May 5, 2014.