THIS
IS A LEGAL AGREEMENT. BY ACCESSING THIS WEBSITE OR USING ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE
READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.
THIS SOFTWARE
IS TO BE USED FOR LEGAL PURPOSES ONLY. IT MAY ONLY BE INSTALLED
ON COMPUTER EQUIPMENT THAT YOU OWN AND/OR HAVE A LEGAL RIGHT
TO ACCESS -- ANY OTHER USE MAY SUBJECT YOU TO CRIMINAL AND/OR
CIVIL LIABILITY.
BY DOWNLOADING
THIS SOFTWARE YOU AGREE TO ABIDE BY AND COMPLY WITH ALL LOCAL,
STATE AND FEDERAL LAWS. YOU TAKE FULL RESPONSIBILITY AND AGREE
TO HOLD Kid Safe Land HARMLESS FROM ANY AND ALL CIVIL AND/OR
CRIMINAL LIABILITY ARISING FROM YOUR USE AND/OR MISUSE OF
THIS SOFTWARE.
THIS SOFTWARE
IS INTENDED SOLELY FOR THE LEGAL MONITORING OF COMPUTERS OWNED
AND/OR ADMINISTERED BY YOU TO MONITOR USERS. IT IS UP TO YOU
TO ABIDE BY AND COMPLY WITH ALL APPLICABLE LOCAL, STATE AND
FEDERAL LAWS.
1. PARTIES.
The parties to this Agreement are you, a visitor to this website
("You"), and Telco Advertising Ltd., a Canadian
Federal Incorporation d/b/a Kid Safe Land ("KidSafeLand.com"),
the owner and operator of this website. All references to
"us", "this website" or "this site"
shall be construed to mean KidSafeLand.com. If the user is
not an individual, then "You" means Your company,
its officers, members, agents, successors and assigns.
2. ASSENT
TO TERMS OF USE AND AMENDMENT. KidSafeLand.com grants a non-exclusive,
non-transferable, and revocable license to You and provides
the services and software available at this site to You subject
to the following terms and conditions. THESE TERMS AND CONDITIONS
MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU.
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS
AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR
SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH
ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF
THIS SITE AND/OR SOFTWARE AND YOUR RELATIONSHIP WITH KidSafeLand.com
ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED
FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED
BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU
ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT
AND ANY GUIDELINES AND/OR RULES POSTED ON THIS SITE. IF YOU
DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS
SITE AND/OR THE SOFTWARE ASSOCIATED. INSTALLING THIS SOFTWARE
AND/OR USING THIS SITE INDICATES YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM, YOU MUST
SELECT CANCEL OR ABORT DURING THE INSTALLATION PROCESS, OR
UN-INSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED AND THEREAFTER
NOT ACCESS THIS SITE OR RUN THE SOFTWARE.
3. ENTIRE
AGREEMENT. This Terms of Use Agreement will be expressly incorporated
by reference in each and every agreement between You and KidSafeLand.com,
and except for any separate license agreement for software
and/or content, this Terms of Use Agreement supersedes any
and all prior and existing agreements, whether oral or in
writing, between You and KidSafeLand.com with respect to the
subjects addressed herein and constitutes the entire agreement
between the parties with respect to those subjects. Except
for any separate license agreement for software and/or content,
You acknowledge that neither KidSafeLand.com nor anyone on
KidSafeLand.com's behalf has made any representations, inducements,
promises or agreements, orally or otherwise, to You relating
to the subjects addressed by this Terms of Use Agreement that
are not embodied herein.
4. PROHIBITED
CONDUCT. You agree (i) not to use this site to upload or distribute
in any way files that contain viruses, corrupted files, or
any other similar software or programs that may damage the
operation of another's computer; (ii) not to interfere or
disrupt this site or any networks connected to this site;
(iii) not to use any device, software or routine or attempt
to interfere with the proper functioning of this site or any
transactions being offered at this site; (iv) not to take
any action that imposes an unreasonable or disproportionately
large load on KidSafeLand.com's infrastructure; (v) not to
use this site to collect or harvest personal information,
including, without limitation, financial information, about
other participants at this site; and (vi) not to impersonate
any person or entity or falsely state or otherwise misrepresent
Your affiliation with a person or entity. You agree not to
use the services, products, or downloads available at this
site for illegal purposes, and to comply with all regulations,
policies and procedures of networks connected to this site.
5. COMPLIANCE
WITH LAWS. You shall comply with all applicable laws and regulations
of the United States and foreign authorities (including, but
not limited to United States trade restriction laws, export
laws or license requirements and laws regarding the sale or
transport of hazardous materials, and laws regarding the transmission
of technical data, including without limitation encryption,
exported from the United States through the services available
at this site) relating to any service, product, or download
associated with this site.
6. SEPERATE
LICENSE AGREEMENT(S). The software and accompanying documentation
that are made available to download from this Site are the
copyrighted work of KidSafeLand.com and/or its affiliates.
Use of the software is governed by the terms of the End User
License Agreement that accompanies or is included with such
software. You will not be able to download or install any
software that is accompanied by or includes an End User License
Agreement unless you agree to the terms of such End User License
Agreement. If you do not agree to such terms, you will not
be able to use the software. You may not decompile, reverse
engineer or otherwise attempt to discover the source code
of the software available on the site.
7. COPYRIGHTS.
The copyright in all material provided on this site is owned
by KidSafeLand.com and/or its affiliate(s). You acknowledge
and agree that this site contains proprietary information
that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that information
presented to You through this site, including text, graphics,
logos, icons, images and software, and the arrangement and
compilation of such content, are the property of KidSafeLand.com
or its affiliates and is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
KidSafeLand.com does not grant any license or authorization
to any user of its copyrightable material or other intellectual
property, by placing them on this site. Furthermore, except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of KidSafeLand.com
or the copyright owner. However, You may print a copy of the
information on this site for Your personal, non-commercial
internal use or records. In so doing, You may not modify the
materials and You agree to retain all copyright and other
proprietary notices contained in the materials. This permission
does not give You any ownership rights in the information
and terminates automatically if You breach any of these terms
or conditions. If You make any other use of this site, except
as otherwise provided herein, You may violate copyright and
other laws of the United States, other countries, as well
as applicable state laws and may be subject to penalties.
8. TRADEMARKS.
The trademarks, service marks, and logos (the "Trademarks")
used and displayed on this site are registered and unregistered
Trademarks of KidSafeLand.com and others. Nothing on this
site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed
on the site, without the written permission of the Trademark
owner. If You have any questions regarding any trademarks
on the site, please contact KidSafeLand.com.
9. LINKS.
This site may provide links to other Internet sites. KidSafeLand.com
is not responsible for the availability of such other sites
and does not endorse and is not responsible or liable for
any content, products or other materials available on such
other sites. Links to external websites do not constitute
an endorsement by KidSafeLand.com of those sites or the sponsors
of such sites or the content, products, advertising or other
materials presented on such sites. KidSafeLand.com does not
author, edit, or monitor these unofficial pages or links.
You further acknowledge and agree that KidSafeLand.com shall
not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any information, goods
or services available on or through any such site. If You
decide to access any of the third party sites linked to this
site, You do this entirely at Your own risk.
10. MONITORING.
You acknowledge that KidSafeLand.com and/or its designees
reserve the right to, and may from time to time, monitor any
and all activity or information transmitted or received through
this site. KidSafeLand.com, in its sole discretion and without
further notice to You, may (but is not obligated to) review,
censor or prohibit any activity or the transmission or receipt
of any Information which KidSafeLand.com deems inappropriate
(such as that specified in above) or that violates any term
or condition of this Agreement. During monitoring, information
may be examined, recorded, copied, and used for authorized
purposes. Use of this site, authorized or unauthorized, constitutes
consent to such monitoring. Unauthorized uses and unauthorized
users of this site will be prosecuted to the full extent of
the law.
11. PERSONAL
INFORMATION AND PRIVACY. KidSafeLand.com acknowledges that
You may provide personal information to KidSafeLand.com on
this site, such as your name and address. Refer to the KidSafeLand.com
Privacy Policy to learn how KidSafeLand.com protects that
information.
12. NO
WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS
SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE
AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES
OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS"
BASIS FROM KidSafeLand.com AND ITS AFFILIATES. KidSafeLand.com
AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO
THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE
SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE
AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS
SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, EACH OF KidSafeLand.com AND KidSafeLand.com’S
AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NONE
OF KidSafeLand.com NOR KidSafeLand.com 'S AFFILIATES OR CONTENT
PROVIDERS MAKES ANY WARRANTY THAT
(i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR
REQUIREMENTS,
(ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS
COMPLETE, ACCURATE OR AVAILABLE, OR
(v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM KidSafeLand.com OR THROUGH
THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. DISCLAIMERS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES
OR TYPOGRAPHICAL ERRORS. KidSafeLand.com MAY MAKE CHANGES
TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT
ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND KidSafeLand.com MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
KidSafeLand.com
ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION,
DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED
BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS,
THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14. LIMITED
LIABILITY. KidSafeLand.com AND ALL OF KidSafeLand.com’S
AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS
AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS,
LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS
OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT,
EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS
EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY
CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE
OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED
ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY,
THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES
OR PAYMENTS MADE TO KidSafeLand.com, IF ANY, FOR THE SERVICE,
SOFTWARE OR CONTENT AT ISSUE.
WE MAKE THE BEST EFFORT TO HELP MONITOR YOUR KIDS ONLINE BUT
WE CAN MAKE NO GUARANTEE OF IT'S SECURITY. WE TAKE NO RESPONSIBILITY
OF WHO CHATS ON THIS SITE OR IN OUR SOFTWARE.
15. INDEMNITY.
You shall indemnify, defend, and hold harmless KidSafeLand.com
and its content providers and their respective shareholders,
affiliates, employees, agents, successors, officers, and assigns,
from any suits, losses, claims, demands, liabilities, costs
and expenses (including attorney and accounting fees) that
they may sustain or incur arising from
(i) Your use of the services and/or software available at
or downloaded from this site,
(ii) Your failure to comply with any applicable laws and regulations
(including without limitation those regarding the export of
products or technology abroad) or to obtain any licenses or
approvals from the appropriate government agencies necessary
to purchase or sell the subject goods and services,
(iii) Your use of the content available on this site in any
way contrary to this Agreement (d) Your breach of any of Your
representations, warranties or obligations set forth in this
Agreement,
(iv) the sale, purchase, transportation, delivery, use or
disposal of any KidSafeLand.com service, product, or download
associated with this site or available through other sites,
or any loss suffered by or harm to any person or property
in any way relating to of caused in whole or in part by Your
use of this site or any service, product, or download associated
with this site (including, without limitation, any personal
injuries or death of any third person caused in whole or in
part by such products or services, the use, transportation,
delivery, storage, handling or release thereof), and
(v) any taxes attributable to the relating to any service,
product, or download associated with this site.
16. TERMINATION.
You agree that KidSafeLand.com may, at its sole discretion,
deny You access to the site and disable any username and password
associated with You for any reason, including, without limitation,
if KidSafeLand.com believes that You have violated or acted
inconsistently with the letter or spirit of this Agreement.
KidSafeLand.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the services offered under this site (or any part thereof)
with or without notice. You agree that KidSafeLand.com shall
not be liable to You or to any third party for any modification,
suspension or discontinuance of the services offered under
this site.
17. CONSUMER
RIGHTS. KidSafeLand.com maintains specific contact information
including an email address for notifications of complaints
and for inquiries regarding pricing policies. All correspondence
should be addressed to KidSafeLand.com at the following email
address: support@KidSafeLand.com.
You may
contact KidSafeLand.com with complaints and inquiries regarding
pricing and KidSafeLand.com will investigate those matters
and respond to the inquiries.
19. EXPORT
CONTROL LAWS. The export and re-export of KidSafeLand.com
software products are controlled by the United States Export
Administration Regulations and such software may not be exported
or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan,
or Syria or any country to which the United States embargoes
goods. In addition, KidSafeLand.com software may not be distributed
to persons on the Table of Denial Orders, the Entity List,
or the List of Specially Designated Nationals.
By downloading
any KidSafeLand.com software product You are certifying that
you are not a national of Cuba, Iran, Iraq, Libya, North Korea,
Sudan, or Syria or any country to which the United States
embargoes goods and that You are not a person on the Table
of Denial Orders, the Entity List, or the List of Specially
Designated Nationals.
20. CONTROLLING
LAW. This Agreement shall be construed under the laws of the
Province of Ontario, Canada, excluding rules regarding conflicts
of law. The application the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
21. JURISDICTION
AND VENUE. You and KidSafeLand.com agree to submit to the
exclusive personal jurisdiction of the courts of Ottawa in
the Province of Ontario, Canada in all legal proceedings arising
under this Agreement.
BY ACCESSING
THIS WEBSITE OR USING ANY SERVICE OR SOFTWARE PROVIDED HEREIN
YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL
OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE
EXIT THIS SITE.
Last Update:
MAY 5TH 2006.
www.KidSafeLand.com
81 Vanier Rd
Gatineau Quebec
Canada
1-819-682-3744
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