Welcome to the Internet sites of PKIDs, referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PKIDs SITE. By using any PKIDs Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use PKIDs Sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below labeled "Amendment."

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of PKIDs Sites and receipt of data, materials and information available at or through PKIDs Sites, the possibility of our review, use or display of your Submissions, and the possibility of publicity and promotion from our review, use or display of your Submissions.

All information, content and materials contained on PKIDs Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from any PKIDs Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except by permission from PKIDs for noncommercial use.

The PKIDs Sites are only for your personal use. You may not use the PKIDs Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

In the event that you download software from any PKIDs Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from PKIDs Sites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from any PKIDs Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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 or otherwise in violation of export control laws or regulations.

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on any PKIDs Site (including, without limitation, games, contests, promotions and Public Forums, you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, "User-Generated Content") through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the "Submissions"), we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity.

If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on PKIDs Sites, on third party websites, on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, educational, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies.

Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions. To the extent that we solicit Submissions through features or activities on PKIDs Sites (including, without limitation, games, contests, promotions and Public Forums that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

The terms of the Submissions License shall govern our right to use all Submissions. If terms other than the Submissions License govern the submission of, and our right to use, User-Generated Content submitted in connection with a particular PKIDs Site feature or activity, such other terms shall be posted at the applicable PKIDs Site feature or activity and shall supersede the terms of the Submissions License; provided however, that in such instances, all provisions of these terms of use other than the Submissions License shall continue to apply to such PKIDs Site feature or activity (unless otherwise stated in the terms and conditions applicable to the particular PKIDs Site feature or activity).

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any PKIDs Site (or any portion thereof).

You also agree to promptly notify us at pkids@pkids.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any PKIDs Site. In addition, you agree to exit from your account at the end of each session.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

"Public Forum" means an area, site or feature offered as part of any PKIDs Site that enables users or visitors of any PKIDs Site (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other PKIDs Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function (including, but not limited to, electronic greeting cards and send-a-friend e-mails).

You acknowledge that anything you submit to a PKIDs Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.

Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.

The following is a list of House Rules applicable to the PKIDs Sites. By using the PKIDs Sites, you agree that:

1. You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License;

2. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License, to the extent that any Submissions submitted and/or posted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions;

3. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any PKIDs Site (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;

4. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the PKIDs Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the PKIDs Sites;

5. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;

6. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

8. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;

9. You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and

10. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

We cannot and do not assure that other users are or will be complying with the foregoing House Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. To the extent that any feature on a PKIDs Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines. We may change the PKIDs sites or delete content or features in any way, at any time and for any reason or no reason.

We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from any PKIDs Site (a) that violates these terms of use (including, without limitation, the House Rules) and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a PKIDs Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials.

You should be aware that when you are on a PKIDs Site, you could be directed to other sites that are beyond our control. There are links to other sites from pages on PKIDs Sites that take you outside of our service. For example, if you click on a search result, the click may take you off the PKIDs Site. This includes links from content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a PKIDs Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to any PKIDs Site, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a PKIDs Site.

DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON PKIDs SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY PKIDs SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PKIDs SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY PKIDs SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY PKIDs SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any PKIDs Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any PKIDs Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY PKIDs SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A PKIDs SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PKIDs SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PKIDs SITES AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE PKIDs SITES IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Washington State, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on any PKIDs Site are appropriate or available for use in any particular location. Those who choose to access a PKIDs Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any PKIDs Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of all PKIDs Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

PKIDs
PO Box 5666
Vancouver, WA 98668

We may immediately terminate these terms of use with respect to you (including your access to any and all PKIDs Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all PKIDs Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright. 

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of Washington and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY PKIDs SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: PKIDs

Name of Agent Designated to Receive Notification of Claimed Infringement: Patricia K. Parnell

Full Address of Designated Agent to Which Notification Should be Sent: PO Box 5666, Vancouver, WA 98668

Telephone Number of Designated Agent: 360-695-0293

Facsimile Number of Designated Agent: 360-695-6941

E-Mail Address of Designated Agent: pkids@pkids.org

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any PKIDs Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

· Your physical or electronic signature;

· 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; 

· A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

· Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which PKIDs may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

For Children 12 and Under

For over 10 years, PKIDs has taken great pride in the relationships that it has developed with its website visitors. In keeping with this tradition, we at PKIDs are dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Children's Privacy Policy is designed to answer your questions regarding our privacy policies and principles with respect to children under the age of 13.

Building on our general Privacy Policy, we recognize the need to provide additional privacy protections when children visit the sites on which this Children’s Privacy Policy is posted. We explain those additional protections here in this Children's Privacy Policy. For your convenience, this Children’s Privacy Policy uses terms that are defined in our general Privacy Policy.

Although PKIDs, due to its nonprofit status, is not required by the Children's Online Privacy Protection Act ("COPPA") to inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; or to obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our websites, we do so in order to ensure the PKIDs online experience is as safe as possible. However, ultimately it is up to each parent to protect children in their care from harm that may come through the use of or access to the Internet. PKIDs cannot be responsible for consequences to website visitors or users or their machinery due to contact with PKIDs’ websites. Below we explain how we keep the website experience as safe as possible for these children. Also, when we use the term "parent" below, we mean to include legal guardians.

What information is collected about children?

Children can surf pkids.org and other PKIDs’ websites, view content, and play many games without any personal information being collected. We do not collect personal information from children unless they register on PKIDs’ websites. Typically, children will register in order to participate in contests or to participate in a special activity. The only information we collect from children during our registration process is a user name and password. We do not collect any other personally identifiable information from children during our registration process. We will, however, collect a child's e-mail address from a parent for the purpose of sending the child e-mail related to a prize or other offer. For example, we would email cellphone wallpaper to a child directly at the request of the child's parent. Note that all sites directed to children under 13 are prohibited by law from conditioning a child's participation in an online activity on the child's providing more personal information than is reasonably necessary.

We may collect personal information from parents in order to allow children to participate in certain features located on our websites. These features may include posting on message boards, and other similar activities. In the course of a child's participation in these features, a child may also provide us additional information about himself or herself, such as the contents of his or her chat or message board postings. If a parent allows us to collect personal information about their child, we may link certain information collected through technology to that personal information.

How is personal information used or shared?

If a child wins a contest, we ask for the parent's e-mail address to notify the parent of the child's participation. We may collect a child's e-mail address from the parent in order to send the child information. In addition, personal information regarding a child may be collected and used to enable a child's participation in certain interactive features such as posting on message boards and other similar activities. In addition, we may share a child's personal information with third parties to the extent reasonably necessary to: protect the security of integrity of our sites; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies or for an investigation related to public safety. That information is deleted once its purpose has been served. For instance, if the child enters and wins a second contest, the parent will have to send an email address again before a prize can be rewarded.

How are parents contacted about their children?

If a child wins a prize or the parent needs to be contacted for any other reason related to the child’s participation on PKIDs’ websites, the child must send the parent’s email address to PKIDs and PKIDs will contact the parent directly, requesting, if necessary, that the parent provide a postal address for purposes of delivering a prize, if the prize cannot be electronically delivered. We may publish a winner's user name on our websites. 

Before allowing a child to use a feature of our websites that might result in the public disclosure of the child's information to third parties on the Internet, such as posting on open message boards, we moderate all such postings and do not allow any that may disclose such information. But we ask parents to monitor their children’s online postings as we cannot guarantee that all identifying information will be removed by moderators.

PKIDs only collects user names and passwords from children. Any other personally identifying information has to come from parents.

Contact Us

If you have any questions or wish to send us comments about this Privacy Policy, please send an email with your questions or comments to pkids@pkids.org or write us:

PKIDs
PO Box 5666
Vancouver, WA 98668

Please be assured that any personal information you provide in communications to the above e-mail and postal mail addresses will not be used to send you educational materials, unless you so request.

Please call 1-877-557-5437 if you would like to speak with someone; however, you must be 18 years of age or older to call, or you must obtain your parent’s permission prior to calling.


Safety Tips for Children Using the Internet

· Don’t share your passwords, even with your best friend! They are secret and once a secret is out, it’s hard to get it back.

· Use only your log-in name when chatting or sending e-mail. Never give out personal information like your real name, address, or phone number. 

· Don't share photos of yourself, your family, or your home with people you meet online. 

· Always delete unknown e-mail attachments without opening them. They can contain viruses that can ruin your computer. 

· If a person writes something that is mean or makes you feel uncomfortable, don't respond. Just log off and tell your parents, who can report it to your online service provider. 

· Remember that nothing you write on the Web is completely private, including e-mail. So be careful and think about what you type and who you tell. 

· Not everyone is as nice, cute, and funny as they may sound online. Never make plans to meet an online "friend" in person. 

· WHEN IN DOUBT, always ask your parents for help, and just LOG OFF if you're not sure! You can always go back online later.

More tips on safe Internet use


For Individuals 13 and Over

What is covered by this privacy policy?

Except as specifically described below, this Privacy Policy applies only to personally identifiable information collected on the website(s) where this Privacy Policy is posted and does not apply to any other information collected by PKIDs through any other means.

As used in this Privacy Policy, “PKIDs” refers to Parents of Kids with Infectious Diseases and its subsidiary and affiliated entities, singly or together, and is referred to in this Privacy Policy as "PKIDs," "we," "us," "our," and "ourselves."

We refer to individuals who purchase or use products or services of PKIDs as "visitors." When this Privacy Policy uses the term "personally identifiable information," we mean information that identifies a particular individual, such as the individual's name, postal address, e-mail address, and telephone number. When other information (such as, for example, number of siblings) is directly associated with personally identifiable information, this other information also is treated as personally identifiable information for purposes of this Privacy Policy. 

Personally identifiable information does not include screen names (also known as member names, usernames or other online aliases) provided by our visitors in the course of registering with or using any of our websites, except in circumstances in which we request that visitors provide their e-mail addresses as their screen names. Personally identifiable information is sometimes referred to in this Privacy Policy as "personal information." Finally, the terms of this Privacy Policy are subject to all applicable laws and it is important to note that PKIDs cannot control individual usage of its website and, although everything possible will be done to protect the privacy of our visitors, it is up to each visitor to be responsible for his or her own safety and privacy.

What information is collected?

We collect several types of personally identifiable information about our visitors.

Much of the personally identifiable information we receive comes directly from visitors who are interested in obtaining information or services or interacting with our websites. This information may include some or all of the following: the visitor's name or user name, postal address, e-mail address, password, and telephone number. We may also collect other types of information such as gender, age, number of children or family members, and personal interests, which we may associate with personally identifiable information. If you purchase products or services from us we may note, for example, credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our websites, including when you participate in activities on our websites, such as contests, games, and informational and educational offers, and when you provide information to our customer service representatives. Finally, our websites may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums, as well as other features in which you may provide us with User Submissions. If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party.

We may collect information through technology to make our websites more interesting and useful to you and for various purposes related to our service. For instance, when you come to one of our websites, we may collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which our visitors visit various parts of our sites, and we may combine IP addresses with personally identifiable information.

Our websites may collect information through a variety of technical methods, including cookies and Web beacons. Cookies are pieces of information that a website sends to your computer while you are viewing the website. Web beacons are small pieces of data that are embedded in images on the pages of websites. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.

We may use the information collected through these technical methods for many purposes, including delivering content, tracking and enhancing our visitors' experience on our websites. For example, when you return to one of our websites after logging in, cookies provide information to the site so that the site will remember who you are. We also may use technical methods to analyze the traffic patterns on our websites, such as the frequency with which our users visit various parts of our websites, and third party websites, such as the frequency with which our users visit other websites. In HTML e-mails that we send our visitors, we may use technical methods for a number of purposes, including: to determine whether our visitors have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages after a visitor has closed the e-mail, and to determine whether a visitor has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.

Please keep in mind that if you click on a link on one of our websites and link to a third party's website, then our Privacy Policy will not apply to your personally identifiable information collected on that third party's website and you must read the privacy policy posted on that site to see how your personally identifiable information will be handled. At this time (April 2008), no advertisements are managed or placed on our websites by third parties.

We may update and supplement personally identifiable information that we have collected directly from our visitors with other information that we obtain from third parties and other partners of PKIDs. In addition, we may obtain personally identifiable information about individuals who are not yet users of our websites or visitors of PKIDs. In addition, when we associate information that we obtain from third parties or other partners of PKIDs with personally identifiable information that we have collected under this Privacy Policy, we will treat the acquired information like the information that we collected ourselves and, except as permitted by this Privacy Policy, the information will not be shared with third parties.

How is information used or shared?

As described in detail below, PKIDs may use your personally identifiable information in many ways, including sending you educational materials. As outlined below, you may "opt out" of certain uses of your personal information.

Personally identifiable information collected under this Privacy Policy may be used by PKIDs for many purposes. For example, PKIDs may use your personal information to send you educational materials about goods and services offered by PKIDs. These educational materials may be sent to you by postal mail, e-mail or other means. You may opt out of receiving these communications as provided below. We refer to sending you educational materials in these circumstances as "Fulfillment Uses" of your personal information. Because these educational materials may accompany products, services or information that you have requested, your opt-outs for PKIDs below will not apply to any of these Fulfillment Uses.

PKIDs may also use your personal information for many purposes other than sending you educational materials. (We refer to all of these types of uses of your personal information that do not involve the sending of educational materials as "Operational Uses.") For example, we may use your information to complete transactions requested by you (such as your purchase of a product or service offered on our websites), or to send you administrative communications either about your account with us or about features of our websites, including any future changes to this Privacy Policy. Because these uses of your personal information do not involve sending you educational materials, your opt-outs below will not apply to any of these Operational Uses Finally, PKIDs may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of PKIDs to aggregate or de- personalize your personal information, and PKIDs may use and/or share with third parties the resulting non-personally identifiable information in any way.

You may engage in some transactions on our websites without registering and logging on the websites. These transactions may include purchasing products and services, entering contests, and requesting special educational materials. (We refer to all of these transactions that you engage in without registering and logging on our websites as "Non-Registered Transactions.") The following paragraphs describe the special provisions of this Privacy Policy that apply to Non-Registered Transactions.

When you engage in a Non-Registered Transaction with PKIDs: (a) personal information that you provide during your transaction will not be shared with any third party, and (b) you will have the opportunity to opt out (as described below) of allowing personal information that you provide during your transaction to be used by PKIDs to send their educational materials to you. If you permit PKIDs to send you educational materials, you may withdraw the permission during a subsequent Non-Registered Transaction. If you withdraw permission and subsequently engage in another Non-Registered Transaction, you again may grant permission at the time of that transaction to allow PKIDs to send their educational materials to you. In some instances, if you grant a permission and subsequently withdraw that permission within 30 days (or you withdraw a permission and subsequently grant a new permission within 30 days), your subsequent action may be disregarded. Therefore, to be certain that any modification of your permission status will be effective, please wait 30 days before making any such modification.

It may take up to ninety (90) days (unless a shorter time period is required by applicable law) for PKIDs to stop using your personal information for educational purposes. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses on our websites, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information on our websites, systems maintained by PKIDs may have varying contact information for you. Accordingly, it may not always be possible to match your new opt-out choices with your personal information that you previously have provided.

Finally, please remember that the opt-out choices that you make during Non-Registered Transactions will not affect the opt-out choices that you make while registered and logged on to our websites, and the opt-out choices that you make while registered and logged on to our websites will not affect the opt-out choices that you make during Non-Registered Transactions.

Sometimes PKIDs hires companies to help provide products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a contest. In those instances, there is a need to share your information with these companies. Sometimes PKIDs also works with other companies who help either gather your information or communicate with you, such as a company that helps to provide customer service. Your opt-out choice below will not apply to sharing by PKIDs of your personal information with any of these companies. Nonetheless, except as separately permitted by other provisions of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or to facilitate compliance with laws.

Regardless of any opt-out choices that you make, PKIDs will disclose personal information when it believes in good faith that such disclosures (a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our websites, PKIDs, and/or third parties, including the safety and security of property that belongs to PKIDs or third parties.

Choices you have concerning your personally identifiable information

With regard to personal information that you have provided under this Privacy Policy, there is an opt-out choice available to you. This opt-out choice is the means by which you give us, or decline to give us, your consent to use your personal information as explained above. Simply check the “Do not contact me” option on the registration or log-in page.

How is your information safeguarded?

The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect visitor information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

Contact Us

If you have any questions or wish to send us comments about this Privacy Policy, please send an email with your questions or comments to pkids@pkids.org or write us:

PKIDs
PO Box 5666
Vancouver, WA 98668

Please be assured that any personal information you provide in communications to the above e-mail and postal mail addresses will not be used to send you educational materials, unless you so request.