1. GENERAL The Whole Kidoodle, LLC (“The Whole Kidoodle, LLC) provides product information, research information, Kami’s World, online information, communication and other related services (“Service) to users who have agreed to the terms and conditions stated below.This Online Access Agreement ("Agreement") is a legal agreement between you and The Whole Kidoodle, LLC. It states the terms and conditions under which you may access The Whole Kidoodle’s website and use the online services that are made available through this Service. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESS TO THIS SITE AND COMPLETING THE REGISTRATION PROCESS TO KAMI’S WORLD YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT. IF YOU DO NOT WISH TO BE BOUND, PLEASE DO NOT ACCESS THIS SITE. 2. ACCESS (a). Access. The Whole Kidoodle, LLC hereby grants you access to its system and the right to use the Service subject to the terms of this Agreement. (b). Permitted Users. You may permit other members of your organization or household to access the Service provided that each such person abides by the terms and conditions of this Agreement. By permitting others to use your account, you assume all risk and liabilities resulting from their use. If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor's access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.3. CHANGES The Whole Kidoodle, LLC’s website, service or product information may change from time to time. The Whole Kidoodle, LLC reserves the right, without prior notice or liability, to discontinue or alter the Service or any feature of the Service including, without limitation, (a) restricting the time of availability, (b) restricting the availability and/or scope of the Service for certain types of computers and operating systems, (c) restricting the procedures for or amount of access or use permitted, (d) restricting or terminating any user's right to access and use the Service, and (e) changing system hardware and software. Any change is effective immediately upon a posting on the Service, electronic mail, or conventional mail. By continuing to use the Service, you accept any such changes. If any such changes are not acceptable to you, you may terminate this Agreement at any time as described in Section 1. 4. SYSTEM RULES (a). You agree to supply The Whole Kidoodle, LLC with accurate and complete information as specified on the online registration form and to inform The Whole Kidoodle, LLC promptly of any change in such information.(b). You are responsible for all use of your account. You must promptly inform The Whole Kidoodle, LLC of the loss, theft, or unauthorized disclosure or use of your personal identification number or password. Until you notify The Whole Kidoodle, LLC of such a breach of security, you remain liable for any unauthorized use of the Service through your account.(c). The Service may only be used for lawful purposes and consistent with the rights of other users and third parties. Without limiting the foregoing, the Service shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of transmitting or storing material that is obscene or defamatory. You are prohibited from posting on, or transmitting through the Service, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.(d). The Whole Kidoodle, LLC reserves the right to refuse to provide access to the Service to anyone.5. DISCLAIMER; LIMITATION OF LIABILITY THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. THE WHOLE KIDOODLE, LLC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE WHOLE KIDOODLE, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF THE WHOLE KIDOODLE, LLC TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO THE WHOLE KIDOODLE, LLC'S NEGLIGENCE.6. INDEMNIFICATION You agree to indemnify and hold The Whole Kidoodle, LLC, and its officers, directors, employees, and agents harmless from and against any claims and expenses (including reasonable attorney's fees) arising out of or related to any violation of this Agreement or use of your account.7. EDITORIAL CONTROL The Whole Kidoodle, LLC reserves the right to monitor transmissions, other than private electronic communications, as necessary to provide service and otherwise to protect the rights and property of The Whole Kidoodle, LLC and its users. Notwithstanding the foregoing, The Whole Kidoodle, LLC does not have the practical ability to restrict conduct, communication, or content that might violate this Agreement before transmission on the Service, nor can The Whole Kidoodle, LLC assume any liability for any action or inaction with respect to such conduct, communication, or content.8. PROPRIETARY RIGHTS (a). Content. You acknowledge that the Service contains information, software, photos, video, graphics, sound, music, and other material ("Content") that are protected by copyright, trademark, trade secret, and other intellectual property law and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of portions of the Content, including material protected by copyright, trademark, or other proprietary rights, provided the copies are made for your personal use and that you maintain any copyright, trademark, or other proprietary rights notices on the copies of the Content. Except as stated immediately above or as permitted by the fair use provision of U.S. copyright law, you may not upload, post, reproduce, or distribute any Content protected by copyright or other proprietary rights without the permission of the copyright owner.(b). Third Party Content and Services. (1). You may only upload or otherwise distribute via the Service Content that is not subject to any copyright or other proprietary rights protection or for which you have the owner's express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement, and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and to termination of this Agreement. By uploading Content to the Service in any area that is generally accessible to other users, you automatically grant or warrant that the owner of the Content has expressly granted The Whole Kidoodle, LLC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and transmit the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology, now known or that may be developed in the future, for the full term of any copyright, including renewals thereof, that may exist in such content. You also grant or warrant that the owner of the Content grants to other users the right and license to access, view, store, or reproduce the Content for that user's personal use. Subject to the foregoing, the owner of the Content uploaded or distributed on the Service retains all rights that may exist in such Content.(2). The Whole Kidoodle, LLC is a distributor and not a publisher of Content supplied by third parties and users. Accordingly, The Whole Kidoodle, LLC has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other Content expressed or made available by third parties are those of the respective authors, owners, or distributors and not of The Whole Kidoodle, LLC. In no event will The Whole Kidoodle, LLC be liable for any loss or damage caused by a user's reliance on Content obtained through the Service. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, advice, opinion, or any other Content available through the Service. 9. TERMINATION (a). For Any Reason. Either you or The Whole Kidoodle, LLC may terminate this Agreement for any reason at any time by giving the other party notice of termination. Such termination shall be effective upon receipt of notice.(b). For Cause. The Whole Kidoodle, LLC may terminate this Agreement without notice for any conduct that The Whole Kidoodle, LLC believes in its sole discretion violates this Agreement, interferes with other users' use of the Service, or is otherwise inappropriate.
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