These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your use of the Internet website located at http://ourkidscan.org and http://yesourkidscan.org (the “YOKC Site”) and the services and materials offered thereon (collectively, the “Service”) which are offered to you by Yes! Our Kids Can, Inc. (“Yes! Our Kids Can”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER YES! OUR KIDS CAN SOFTWARE, SERVICES, WEBSITES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE AND DISCONTINUE YOUR USE OF THE SERVICE.
Children under 13 years of age shall not use the Service to submit any individually identifiable information about themselves.
1. The Service.
The Service is owned and operated by Yes! Our Kids Can, Inc., Yes! Our Kids Can is an educational technology system committed to creating a Success Mindset TM within the minds of economically disadvantaged and fragile families and inspires them and their children to pursue education beyond high school in any form. Yes! Our Kids Can, Inc. delivers this service on smartphones, tablets, and computers. The Service provides information and updates from Yes! Our Kids Can regarding Yes! Our Kids Can Programs and other information as deemed appropriate by Yes! Our Kids Can. Additionally, portions of the Services contain message boards (the “Community Areas”) permitting members to post information and for users of the Yes! Our Kids Can Programs to discuss and exchange information about the Yes! Our Kids Can Programs.
The Service is a computer online service. It is accessible to you through a personal computer, or other access device using a communications connection at the YOKC Site. As part of the Service, you will be provided with information, editorial content, links to other Websites and other computer services that Yes! Our Kids Can may decide to offer, subject to the terms hereof. Yes! Our Kids Can may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or part of the Service, at any time in Yes! Our Kids Can’s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., internet) associated with connecting to the Service through an available access method. You are also responsible for obtaining or providing all internet access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation).
In order to use the Services or access, read or post in the Community Area, you may need to register with Yes! Our Kids Can.
5. Submission of Information and other Content.
Yes! Our Kids Can aims to build the ultimate community of member-generated content for the Yes! Our Kids Can Programs. You, the member, are the best resource for education advice, recommendations, and opinions. You understand that all reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, and images, information, data, graphics, photographs, software, messages or other materials (collectively, “Content”) appearing on the Service or submitted to the Service is the responsibility of the person or entity originating such Content. By submitting Content to Yes! Our Kids Can, you warrant that: (a) you are the owner of such Content, or have been granted all the rights necessary from the Content owner to submit such Content to Yes! Our Kids Can, and (b) the use of such Content by Yes! Our Kids Can will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting Content through the Community Areas and the Service (other than personal e-mails) you are granting Yes! Our Kids Can a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Content, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. No communication or Content shall be subject to any obligation of confidence on the part of Yes! Our Kids Can. You agree that you will not publish, submit, or display such Content to or on any other website or online service without Yes! Our Kids Can’s prior written consent. Consent may be requested by sending a request via the Yes! Our Kids Can website Contact page located at http://ourkidscan.org/contact/.
If you send to Yes! Our Kids Can or post on the Community Areas creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of Yes! Our Kids Can, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Yes! Our Kids Can. Disclosure, submission, or offer of any Comments shall constitute an assignment to Yes! Our Kids Can of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. Yes! Our Kids Can may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Yes! Our Kids Can and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Yes! Our Kids Can is and shall be under no obligations to: (a) maintain any of your or any user’s Comments in confidence; (b) to pay to you or any user any compensation for any Comments; or (c) to respond to any of your or any other user’s Comments.
7. Content in the Community Areas and on the Service.
Content, Comments or any communications posted in the Community Areas and through the Service are provided by users such as you who are unaffiliated with Yes! Our Kids Can, and the user providing each such Content, Comments or any communications is solely responsible for the content thereof. This means that you, and not Yes! Our Kids Can, are entirely responsible for all Content, Comments or any communications that you upload, post, email or otherwise transmit via the Service. In using the Community Areas or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by Yes! Our Kids Can, that such Content, Comments or any communications contain correct information, or that the persons posting such Content, Comments or any communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Content, Comments or any communications that are offensive, indecent, or objectionable. Under no circumstances will Yes! Our Kids Can be liable in any way for any Content, Comments or any communications, including, but not limited to, liability for any errors or omissions in any Content, Comments or any communications, or for any loss or damage of any kind incurred as a result of the use of any Content, Comments or any communications posted, e-mailed, or otherwise transmitted via the Service.
8. Personal Safety.
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
9. Conduct Required for Use of the Service.
10. Copyright; Restrictions on Use.
All Content is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by Yes! Our Kids Can or its licensors. You acknowledge that the Service and any underlying technology used in connection with the Service contain proprietary and confidential information of Yes! Our Kids Can. You may not copy, reproduce (except as stated below), publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Service. If you feel that any Content on the Service infringes your copyrights, you may contact Yes! Our Kids Can’s copyright agent at the following address:
Yes! Our Kids Can, Inc.
P.O. Box 15009
San Antonio, TX 78212
Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Service, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
11. Dealings with Merchants.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Yes! Our Kids Can will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
12. Permitted Use.
You may make a single copy of information or other portions of Content on your hard drive or in print for your own personal, non-commercial use in connection with the Service, provided that you do not alter the Content, or remove any copyright, trademark or other proprietary notice contained in the Content. Any other copying, or any republication or distribution of the Content, or a portion of the Content, is expressly prohibited without the prior permission of Yes! Our Kids Can and/or the copyright holder identified in the applicable copyright notice. Permission requests may be sent through the Yes! Our Kids Can website Contact page located at http://ourkidscan.org/contact/.
Yes! Our Kids Can and the Yes! Our Kids Can logo are trademarks or registered trademarks of Yes! Our Kids Can, Inc. in the United States and elsewhere. Third party trademarks, service marks, logos, and trade names appearing on the Service are the property of their respective owners.
14. Changes to Service or Agreement.
Yes! Our Kids Can may modify, suspend or discontinue any portion or service of the Service at any time, with or without notice. The Service is currently accessible to members without charge; however Yes! Our Kids Can reserves the right to charge for one or more portions of the Service in the future. (Yes! Our Kids Can will notify you of any fees associated with any portion of the Service, and require you to subscribe to such portion of the Service, prior to charging you any fees.) Yes! Our Kids Can reserves the right to modify this Agreement at any time. Any modifications shall be effective upon the earlier of the posting by Yes! Our Kids Can of the modified version of this Agreement at the following Terms of Service, or direct e-mail notification of the changes to you. You agree to review the current version of this Agreement periodically so that you are aware of any modifications. Your continued use of or membership in the Service and Account shall be deemed your acceptance of the modified version of this Agreement. You agree that the above-listed standards for notice of changes are reasonable.
15. Failure to Comply with TOS.
You acknowledge and agree that Yes! Our Kids Can may suspend or terminate your Account and/or deny you access to, use of, or submission of Content or, all or part of the Service, without prior notice, if you engage in any conduct that Yes! Our Kids Can believes, in its sole discretion: (a) violates any term or provision of this Agreement, (b) violates the rights of Yes! Our Kids Can or third parties, (c) or is otherwise inappropriate for continued access to and use of the Service. In addition, Yes! Our Kids Can reserves the right to terminate inactive Accounts. You agree that upon termination, we may delete all information related to your Account and may bar your access to your Account and the Service.
The Service contains advertisements and links to Websites operated by third parties. Yes! Our Kids Can has not reviewed any or all of such sites and is not responsible for the Content of these Websites or for your transactions with them. Inclusion of advertisements or links to such Websites does not imply any endorsement of the material on such Websites by Yes! Our Kids Can. Links to Websites are to be accessed at the user’s own risk.
18. Child Online Protection Act Notification.
Yes! Our Kids Can may, in its sole discretion, terminate your Account (or any part thereof), Member ID, password or use of the Service, or remove and discard any Content transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical Member ID and Account numbers, (ii) permitting another person or entity to use your Member ID to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to Yes! Our Kids Can of your intent to terminate this Agreement. Termination, suspension, or cancellation of your Account and Member ID or your access rights shall not affect any right or relief to which Yes! Our Kids Can may be entitled, at law or in equity. Upon termination of this Agreement or your Account, all rights granted to you will automatically terminate and immediately revert to Yes! Our Kids Can and its licensors.
THE SERVICE CONTAINS OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. YES! OUR KIDS CAN DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND CONTENT SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU “AS IS” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YES! OUR KIDS CAN AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH THE SERVICE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YES! OUR KIDS CAN DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES REVIEWED, AVAILABLE, OR ADVERTISED THROUGH THE SERVICE. IN ADDITION, ALTHOUGH YES! OUR KIDS CAN INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, YES! OUR KIDS CAN DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability.
YOU UNDERSTAND THAT IN NO EVENT WILL YES! OUR KIDS CAN OR ITS OFFICES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF YES! OUR KIDS CAN OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Yes! Our Kids Can and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third-party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with this Agreement, your infringement or violation of any intellectual property or other right of a third party, your Content, or from your violation of any applicable law.
23. Export Control Information.
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote Yes! Our Kids Can Programs and other Yes! Our Kids Can products and Services available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by Yes! Our Kids Can from its offices within the State of Texas, United States of America. Yes! Our Kids Can makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
24. Beta Users and Beta Community Area.
In addition to the other terms contained in this Agreement and in the Yes! Our Kids Can Beta Agreement, if you are an authorized beta tester of the Yes! Our Kids Can Programs and have authorized access to the Beta Test Forum, you are subject to the additional terms contained in this paragraph. In your use of the Services and Account, you remain subject to the terms of the Yes! Our Kids Can Beta Agreement, including, without limitation, the terms of the provisions related to confidentiality and restrictions on use and disclosure with respect to the applicable Yes! Our Kids Can Programs. Notwithstanding anything else to the contrary in this Agreement, you will be subject to the following additional restrictions in your usage of you Account and the Services: (a) you will not publish, submit, or display Content or any information regarding or pertaining to any beta version of the Yes! Our Kids Can Programs to or on any other web-site or online service without Yes! Our Kids Can’s prior written consent; (b) you may not provide any information regarding the beta version of the Yes! Our Kids Can Programs to any other Community Areas other than to the Community Area provided solely to beta testers; and (c) if there is any conflict between this Agreement and the Yes! Our Kids Can Beta Agreement, the terms and conditions of the Yes! Our Kids Can Beta Agreement shall prevail unless explicitly provided otherwise herein.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Bexar County, Texas, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Yes! Our Kids Can to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Yes! Our Kids Can, which Yes! Our Kids Can may withhold in its sole discretion. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Yes! Our Kids Can as a result of this agreement or use of Yes! Our Kids Can’s websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.