These terms and conditions (the “Terms”) exclusively govern your access to and use of kidspgrograms.ca web site and the services offered on it (collectively, the “Services”). By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with ProgramsSphere Inc. (“KidsPrograms”, “We”, “us”, or “our”), without limitation or qualification and that no signatures are required. Do not access or use the Services if you disagree with any part of the Terms.
A “user” is someone who accesses, or in any way uses the Services. “You” and “your” refer to you, as a user of the Services. “Provider(s)” refers to users who promote their businesses using the Services.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” Content” means Content that you submit or transmit to, through, or connection with the Services, including (but not limited to) ratings, reviews, comments, questions and/or answers, blogs, forum postings, and information that you publicly display or displayed in your account profile; or business related Content in case you are a Provider, including (but not limited to) business profile, credentials or qualifications, information about your programs or services, schedules, fees, registration requirements, photos, review responses. “User Content” means Content that users submit or transmit to, through, or in connection with the Services. Your Content is part of User Content and User Content includes your Content. “KidsPrograms content” means Content that we create and make available in connection with the Services.
We may modify the Terms from time to time with or without notice to you. Any such modification will be effective upon our posting of new Terms. Each time you access or use the Services you will be governed by the Terms then in effect. Continued access to or use of the Services following any such modification shall indicate your acknowledgement of such modification and agreement to be bound by the new Terms, without limitation or qualification. If you object to any such modification, your sole recourse shall be to cease using the Services.
The Services may be modified, updated, interrupted, suspended or discontinued at any time, with or without plan, and with or without notice to you. We shall not be liable to you or any third party in any such situations. Continued use of the Services following any such modification shall indicate your acknowledgement of such modification and acceptance of the Services as so modified. If you object to any such modification, your sole recourse shall be to cease using the Services.
The Content is constantly being updated or refreshed (created, revised, or removed). We do not guarantee the accuracy, completeness, trueness or quality of User Content, including (and not limited to) photos, graphics, video, reviews, blogs, forum postings, a Provider’s business profile or operation status, product & service information of a Provider. We reserve the right to change or update the Content and to correct errors, inaccuracies, or omissions at any time without notice.
To access or use the Services, you must be 18 years or older, or otherwise of legal age to form a binding contract.
We grant you permission to access or use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
You must register in order to use some of the features that are offered as part of the Services. You agree to provide and to maintain true, accurate, current and complete information about yourself as required for account registration and ongoing management.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account, your access to and use of the Services at any time at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Services to:
a) that is unlawful, , threatening, abusive, harmful, harassing, defamatory, pornographic, invasive, or libelous of another’s privacy, or harmful to minors in any way;
b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) that is false, deceptive, misleading, deceitful, or misinformative;
d) that includes personally identifiable information about another person without that person’s explicit consent;
e) that infringes any intellectual property rights;
f) that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
g) that restricts or inhibits any other users from using the Services;
h) that contains software viruses or any other malicious computer code;
i) that promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except through permitted advertising or as otherwise expressly permitted by KidsPrograms.
You also agree not to, and will not assist, encourage, or enable others to:
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
As between you and KidsPrograms, you own Your Content. We own the KidsPrograms Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services, excluding Your Content, and User Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the KidsPrograms Content and the Services, which are protected by copyright and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the KidsPrograms Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the KidsPrograms Content are retained by us.
You alone are responsible for Your Content on KidsPrograms. You warrant that such content is accurate and that you own or control all the rights to it. By posting content on KidsPrograms, you grant us and our affiliates world-wide, non-exclusive, irrevocable, perpetual , royalty-free, sublicensable, transferable rights to use, reproduce, modify, adapt, publish, translate, distribute and display Your Content. You may not imply Your Content is in any way sponsored or endorsed by KidsPrograms.
Kidsprograms assumes no obligation to monitor (screen, edit, reinstate or remove) User Content and does not make any representation or warranty about the material contained in User Content. You agree to indemnify us for all claims resulting from Your Content or your use of User Content. You agree to use and rely on User Content at your own risk.
Kidsprograms reserves the right, and has absolute discretion, to remove, screen, edit or reinstate without notice any User Content at any time and for any reason, and you are solely responsible for creating backup copies of and replacing Your Content at your sole cost and expense.
If KidsPrograms elects to edit any User Content, it nonetheless assumes no responsibility for the User Content, nor does KidsPrograms’ editing of any User Content imply that KidsPrograms approves of, or adopts, such User Content. Under no circumstances will KidsPrograms be liable for any inaccuracy or defect in any User Content.
KidsPrograms likewise assumes no responsibility for any contact you may have with other users of the Services, either online or offline. If you elect to meet in person with other user(s) of the Services, you do so at your own risk, and under no circumstances will KidsPrograms be liable for any activity or injury that may occur.
KidsPrograms and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
The Services are made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the Services is at your own discretion and risk. We expressly disclaim all warranties of any kind, including but not limited to the warranties of merchantability, quality, accuracy, reliability, safety or security, fitness for a particular use or purpose and non-infringement with respect to the Services. We make no warranty that (a) the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure or error free; (b) the results that may be obtained from the use of the Services will be accurate and reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the Services will meet your expectations; (d) defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own risk and discretion and that you will be solely responsible for any damage to your computer system(s) or for loss of data that results from the download of such materials.
You expressly understand and agree that in no event will KidsPrograms or its employees be liable for any damages, including but not limited to damages for loss of revenues, profits or other intangible losses arising out of or in any way related to (I) the use or the inability to use the Services; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights; (V) your failure to adequately safeguard your password or access to the Services; (VI) any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services; (VII) termination of your access to or use of the Services as provided herein; (VIII) the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services; (IX) any modification, suspension or discontinuance of the Services (or any part thereof) or these terms; (X) use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and (XI) any other matter relating to the Services or these Terms.
You also understand and agree that KidsPrograms is solely providing contact information between its users (and not contact means) and that we are not liable for any inaccuracy, error or mistake in connection to the contents posted by the Providers. The Services are restricted to providing information to contact the Providers and to publishing the Providers’ product and/or service information. In no event will KidsPrograms or its employees be liable for any damages arising from contact, negotiations and contracts between its users. You understand and agree to hold KidsPrograms, its employees, its shareholders, its associates, its affiliates and its parent corporations free from any conflict or litigation that may arise between KidsPrograms' users.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account (including any information related to or created using this account) if it remains inactive for an extended period of time. Further, you agree that we shall not be liable to you or any other third party for any termination of your access to the services. You may discontinue your participation in and access to the Services at any time. We will not however offer you any kind of compensation for such termination.
Our provision of an external link to any other web site or location is for your convenience. We do not control or endorse any external link. You agree that we are not responsible for the availability or contents at any such web site or location. Your use of any such web site or location is at your own risk.
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
You agree not to reproduce, duplicate, copy, sell or resell any portion of the Services, use of the Services, access to the Services or any information available on KidsPrograms.
Ontario law will govern the Terms, as well as any claim, cause of action or dispute that might arise between you and KidsPrograms (a “Claim”), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the Province of Ontario and its courts.