Terms Of Use – Copyright Notice

COPYRIGHT NOTICE

 

Copyright © 2015 ForModernKids.com

 

 

Ownership of copyright

 

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by ForModernKids.com [and its licensors].

 

Copyright license

 

ForModernKids.com grants to you a worldwide non-exclusive royalty-free revocable license to:

 

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own [personal and non-commercial] use.

 

ForModernKids.com does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without it’s prior written permission.

 

Data mining

 

The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

 

You may request permission to use the copyright materials on this website by writing to hello [at] ForModernKids.com.

 

Enforcement of copyright

 

ForModernKids.com takes the protection of its copyright very seriously.

 

If ForModernKids.com discovers that you have used its copyright materials in contravention of the license above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

 

If you become aware of any use of ForModernKids.com’s copyright materials that contravenes or may contravene the license above, please report this by email to hello [at] ForModernKids.com.

 

Infringing material

 

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to hello [at] ForModernKids.com.

 

TERMS AND CONDITIONS

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to ForModernKids.com’s use of cookies in accordance with the terms of our [privacy policy / cookies policy].]

 

License to use website

 

Unless otherwise stated, ForModernKids.com and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

 

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  • [edit or otherwise modify any material on the website; or]
  • [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your organization or personal household].]

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ForModernKids.com’s express written consent.

 

[You must not use this website to transmit or send unsolicited commercial communications.]

 

[You must not use this website for any purposes related to marketing without ForModernKids.com’s express written consent.]

 

Restricted access

 

[Access to certain areas of this website is restricted.]  ForModernKids.com reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at it’s discretion.

 

If ForModernKids.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

 

ForModernKids.com may disable your user ID and password in it’s sole discretion without notice or explanation.

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to ForModernKids.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to ForModernKids.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ForModernKids.com or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

ForModernKids.com reserves the right to edit or remove any material submitted to this website, or stored on it’s servers, or hosted or published upon this website.

 

[Notwithstanding ForModernKids.com’s rights under these terms and conditions in relation to user content, it does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  ForModernKids.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Without prejudice to the generality of the foregoing paragraph, ForModernKids.com does not warrant that:

 

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

ForModernKids.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if ForModernKids.com has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ForModernKids.com’s liability in respect of any:

 

  • death or personal injury caused by ForModernKids.com’s negligence;
  • fraud or fraudulent misrepresentation on the part of ForModernKids.com; or
  • matter which it would be illegal or unlawful for ForModernKids.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

If you do not think they are reasonable, you must not use this website.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify ForModernKids.com and undertake to keep ForModernKids.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ForModernKids.com to a third party in settlement of a claim or dispute on the advice of ForModernKids.com’s legal advisers) incurred or suffered by ForModernKids.com arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to ForModernKids.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ForModernKids.com may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

ForModernKids.com may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

ForModernKids.com may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and ForModernKids.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.