PERMIE KIDs LLC
Last updated on November 1, 2014
You understand and agree that this Terms and Conditions Agreement, and any applicable supplements, as amended, form a contract between you and PERMIE KIDs LLC, which sets forth legally binding terms for your use of the PERMIE KIDs Services and Shows (as defined below).
By using the Services, Shows and any other PERMIE KIDs content, and/or clicking “I Agree,” you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Service, Shows, and any other PERMIE KIDs content.
PERMIE KIDs LLC (“PERMIE KIDs”) is an Internet-based marketplace with associated services and content, which is hosted from the domain https://www.permiekids.com. The general purpose of PERMIE KIDs is to provide educators, parents, and publishers who register and create a Buyer account, Seller-Member account, or both, with an online marketplace to buy, share freely sell, or barter their original, educational materials and related content (in any digital or physical forms) directly from and to each other (cumulatively, the “Service”). In addition to the Service, PERMIE KIDs staff and guest contributors publishes podcasts, audio or video shorts, articles, blog posts, and other content related to the general purpose of PERMIE KIDs on the PERMIE KIDs sites, third-party distribution channels, or on other platforms via syndication (cumulatively, the “Shows” or “Show”). PERMIE KIDs is not a franchisee, distributor or retailer of any other product owned or offered by its community of users or other third-parties, including but not limited to the educators or publishers, sole proprietors, and other businesses which sell digital or physical materials, or other content via the Service (which are cumulatively, the “Seller-Members”). If you create a Seller-Member account, you accept and agree to be bound by this Agreement and the supplemental terms of the Seller-Member Terms and Conditions. If you want to purchase digital or physical content from Seller-Members in the Service marketplace(s) (the “Buyer”), you accept and agree to the terms of this Agreement and the supplemental terms of the Buyer Terms and Conditions agreement when you create your PERMIE KIDs Buyer’s account. If you passively visit, browse, comment upon, or otherwise use the PERMIE KIDs’ website(s) or Shows without creating a PERMIE KIDs account, you accept and agree to be bound by this Agreement as a “Visitor”.
This Terms and Conditions Agreement (the “Agreement”) governs your access to and use of the Service and Shows, whether in the capacity of a Seller-Member, Buyer, Visitor, or other user, including, without limitation, the finding, buying, posting, selling, and sharing of content, and participating in online forums, feedback loops, bulletin boards, wikis, comments, threads, and chats, which features and activities shall also be considered part of the “Service.” Portions of the PERMIE KIDs Service and Shows are publicly available to all Visitors to the site. Other portions of the Service and Shows are available only to registered members who are Grassroots Supporters (formerly called Basic Members) or Guild Members (formerly called Contributing Members) (collectively, the “Members”) within the Buyer and Seller-Member communities. This Agreement applies to Visitors and other users as well as to Buyers and Seller-Members. By registering with PERMIE KIDs or by using the Service in any manner, including, but not limited to, visiting the www.permiekids.com website, you acknowledge and agree to the terms stated in this Agreement.
Section One – Age; Legal Disclaimers; Community Code of Conduct
IMPORTANT Registration Obligations: In consideration of your use of the Service, Shows or other PERMIE KIDs content, you represent that you are at least 18 years of age and are not a person, business or organization barred from receiving these services under the laws of the United States or any other applicable jurisdiction.
In order to protect PERMIE KIDs and all the members of our community, we have provided the following statements about the Code of Community Conduct which applies to our community, Shows and any of PERMIE KIDs’ other activities.
- GENERAL. There are lawyers that PERMIE KIDs works with and holds in retainer (costing way too much that help ensure that this is the case. As much as we would like to hope that this is not necessary and that the PERMIE KIDs community can regulate itself, we have created these provisions (collectively the “Community Code of Conduct”) to provide reasonable protections for the PERMIE KIDs community and anyone else who is part of our business ecosystem, such as our customers and sponsors. As a condition of using the Service, all Seller-Members, Buyers, Visitors, and other users agree to all of the following:
– You must be registered on the site to buy and a registered Seller-Member to sell content/services through the Service;
– You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone;
– You are responsible for all activity that occurs under your Username;
– You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username;
– You will not upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
– You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement;
– You will not upload, post, email, transmit, or otherwise make available to Seller-Members, Buyers, or Visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
– You will not transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
– You will not transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
– You will not violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
– You will not use the Service for any illegal or unauthorized purpose;
– You will not impersonate any person or entity, including without limitation, a PERMIE KIDs employee or Seller-Member, Buyer, Visitor, or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
– You will not “stalk” or otherwise harass anyone on or through the Service;
– You will not collect any personally identifying data about Seller-Members, Buyers, or Visitors for commercial or unlawful purposes; or
– You will not transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
– You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.
– You will not transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
– You will not disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Seller-Members’, Buyers’ and Visitors’ ability to use the Service or Shows;
– You will not employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
– You will not attempt to gain unauthorized access to PERMIE KIDs computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; and
– You will not attempt to regain access to PERMIE KIDs following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username.
- EXPECTATION OF ETHICAL BEHAVIOR AND SELF-EDUCATION. PERMIE KIDs assumes and expects, since our community is grounded in ethical choices and actions, that anyone associated with our industry employs ethical choices and actions. This expectation is expressed by the PERMIE KIDs’ three core ethics, which we apply to our community and ourselves: 1) Care of People, 2) Care of Earth, and 3) Responsible Return of Surplus at the forefront of relationships, decisions, and actions. However, PERMIE KIDs does not have the knowledge, expertise, time, or money (not to mention interest or belief that it is our place) to monitor every action or aspect of the conduct of Visitors, Buyers, Seller-Members, or other users of the PERMIE KIDs Service, Shows, or other PERMIE KIDs content. In this community, we believe in taking responsibility for ourselves. If you have any legal questions about best practices for your business or business activity within the PERMIE KIDs marketplace or other Services, PERMIE KIDs recommends you talk to a lawyer or consultant that specializes in your area of concern.
- PROHIBITED LINKING, SPAMMING, AND COMMENT TROLLING. Linking to sites considered by site ownership or moderators as “hate sites,” SPAM, commercial plugs, or political advocacy statements will not be permitted. The use of well-known mass market proxy servers are the hallmark of spammers and those whom have already been banned from the site. Such use will likely prevent comments from ever showing up. Like most Word Press Blogs, we use tools to filter spam. If you are using proxies many times your comment will go into spam hell and get deleted and we will never even know you made it. While there are legitimate reasons to use proxies, 99.9% of all comments from them are pure spam. We care about our members of our community and will take action to prevent ill-advised, harmful, destructive, or malicious content and comments from reaching them.
- PROHIBITED ADULT LANGUAGE AND ADULT CONDUCT. The PERMIE KIDs’ Shows are typically “G”-rated and family friendly. Because PERMIE KIDs is a community of many different content contributors, there may be times when shared or distributed content includes adult language or adult situations that would not meet the “G” rating that PERMIE KIDs requires under its Community Code of Conduct. PERMIE KIDs is not responsible for policing or otherwise preventing uploading, sharing, or distribution of non-compliant content by Seller-Members, Buyers, Visitors, or other users, and the individuals who upload, share, or distribute noncompliant content have sole responsibility for any damages which may result from using PERMIE KIDs to upload, share, or distribute non-compliant content and if you engage in this type of noncompliant conduct, you agree to indemnify and hold harmless PERMIE KIDs for any resulting damages that have or may occur.
- ALL OPINIONS EXPRESSED ARE THE CONTRIBUTOR’S OWN. PERMIE KIDs aspires to the ideals of free thinking and free speech. We believe that we need to design numerous alternatives in the education world and as such that means valuing and protecting new or different ideas and efforts. However, PERMIE KIDs’ Services, including but not limited to the PERMIE KIDs Service, Show, website, and all the related products from time to time will include content that reflects the personal perspectives of our owner as well as the community of PERMIE KIDs Visitors, Buyers, Seller-Members and other users, and any opinions expressed on or through any PERMIE KIDs Service, product, or Show solely represent the opinions of opinions of the individual sharing them and do not represent the opinions of PERMIE KIDs or its community as a whole. PERMIE KIDs reserves to the right to remove any content that PERMIE KIDs deems inappropriate at any time at PERMIE KIDs’ sole discretion, and you have a responsibility to read and familiarize yourself with the rules of community conduct in this Agreement and accept responsibility for maintaining compliance with those rules.
The Service contains links to other websites or resources. PERMIE KIDs has no control over such external sites and resources. You agree that 1) PERMIE KIDs is not responsible for the availability or accuracy of such external sites and resources and 2) PERMIE KIDs does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- REPORTING NON-COMPLIANT CONTENT OR CONDUCT. We try to maintain a forum that permits open discussion as much as possible so long as discussions and participants comply with the Community Code of Conduct and the terms of this Agreement. Most comments are approved, unless they are SPAM, commercial plugs, political advocacy statements, or what can only be called “hate speech”. As an example, Racial slurs are not tolerated about any race, nor is hateful language about anyone’s religion or sexual orientation. If there are any comments, products, or Service offered in which Visitors, Buyers, Seller-Members, or other users violate the code of community conduct of this Agreement, PERMIE KIDs reserves the right to remove the offensive content from the site, terminate any and all accounts of the offending individual, and investigate the involvement of any other individual(s) whom may be involved, regardless of prior contracts entered into for the purposes of registration or membership, and take appropriate action, including but not limited to terminating any and all accounts of any other involved individual, at PERMIE KIDs sole discretion. If you notice any offensive content, spam or other inappropriate content in the PERMIE KIDs community, please notify our Service administrators by emailing firstname.lastname@example.org and describing the location and nature of the offending content.
- CONTENT REMOVAL. The final decision about the publishing or deletion of any comment, post or any other form of communication is at the sole discretion of the site owner(s), founder, and or designated moderators at any and all times. There is no “recourse” or “appeal process”. If you wish to publish something we won’t allow either create your own site and use your own resources or find a platform that allows your type communications. We fully expect this community to conduct itself and use all resources like forums appropriately. However, we have a legal and ethical obligation to state the following to ensure there is no ambiguity and to let this community know that all necessary actions will be taken to care for the needs, mission, and honor of this community. Once again, the founder, owner(s), and anyone designated as a moderator has unequivocal authority to make determinations about appropriate conduct on the site. Repeated offenses, as well as egregious misconduct regardless of previous activity, will result in your being banned permanently.
- ASSUMPTION OF RISK. We are inspired by the principles of personal freedom, responsibility and choice as they apply to the sharing and participation of our community. If you choose to listen to, read about or otherwise participate in the community in any way, or share content from PERMIE KIDs’ Shows or the Service with children or other adults, you do so at your own risk and accept responsibility for any “mental anguish”, “mental trauma”, “post-traumatic stress,” “feeling of being offended” or any other emotional problems to you or others as a result of your choice to participate.
PERMIE KIDs prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that 1) PERMIE KIDs is not and cannot be responsible for any content, information, or materials posted by users on the Service, (2) you may be exposed to any such materials, information, or content, and 3) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content.
- ACKNOWLEDGEMENT OF OPINION-BASED CONTENT. The PERMIE KIDs’ podcast and other Shows are marketed as, and are in fact, composed of the personal opinions of its host(s), contributors and guests. Any guests or contributors to the Show are expressing their individual opinions, beliefs, and values and do not represent the opinions of PERMIE KIDs. PERMIE KIDs Service and Shows provide differing opinions and choices that you accept responsibility for evaluating, filtering, using, or disregarding to fit your individual circumstances, philosophies, and preferences.
The PERMIE KIDs’ Shows are not and should not be used as a news source. While we often discuss current events and cite sources and resources that are both conventional and unconventional, once again the views expressed are the opinions of one person. While we always strive for accuracy we can and will be wrong at times.
If you choose to cite our Show, Show notes, or products as a source for any piece of information you do so with the knowledge of the terms of this Agreement. Our Show, while informative and accurate, is not “fact-checked” by independent third parties (other than our listeners). Our Shows are intended for use as a form of entertainment and statement of subjective opinion. We assume no responsibility for anyone who uses our content or the content provided by our Show hosts of or Show guests to influence the opinions of others.
- REPORTING ERRORS. Every attempt is made to be accurate as to presenting “factual information” on the podcast, within the Service, and all other forms of communication. PERMIE KIDs founded and maintained by a limited staff, and the amount of vetting of the content we provide is limited. Whenever there are deemed to be major mistakes, corrections and retractions are published. All users are responsible as members of the PERMIE KIDs’ community to report factual errors for the good of the community and its shared content. If you believe that content provided by PERMIE KIDs affects you or your company and is in error, you can provide us with notice and make a request for a correction by emailing email@example.com. PERMIE KIDs retains the right to verify and make an internal determination at our sole discretion before making any correction of content within our Service or Show.
Section Two – Costs and Contributions
- PAYMENT METHODS; TIPS. PERMIE KIDs accepts a variety of forms of currency to allow people to be able to become part of this community and gain access to an incredible value that goes well beyond the costs of membership. As such, we do not rely on or encourage donations, but we do accept “tips” if the Service, Shows, other content or products, and overall mission of PERMIE KIDs are deemed by you to be worthy of acknowledgement financially. You can tip via Bitcoin online or send other tips to the business mailing address: 11505 Cherry Tree Crossing Rd. PO Box 265, Cheltenham, MD 20623. Any tips are not tax deductible and do not represent a business transaction between the tipper and PERMIE KIDs. Tipping does not grant special access or rights to the Show, staff, website, or other products and services. It is simply a way of recognizing value with value. For more information about Seller-Member or Membership costs, read the Seller-Member Terms and Conditions and visit the membership page.
- PAYMENTS. Seller-Members and Buyers on PERMIE KIDs pay for the ability to access our community marketplace and PERMIE KIDs is providing Seller-Members and Buyers with the access to that marketplace as a service. Seller-Members are NOT employees, independent contractors, vendors, or franchisees of PERMIE KIDs, and both Seller-Members and Buyers are customers of the PERMIE KIDs Service. Seller-Members and Buyers are solely responsible for tracking, reporting, and paying any and all applicable taxes of their jurisdiction for their transactions within the PERMIE KIDs Service(s). PERMIE Kids’ Service(s) may facilitate Seller-Member and Buyer tracking of sales. PERMIE KIDs highly recommends you consult with a tax accountant and/or lawyer to see how to best report your earnings or tax liabilities. Put another way, you are solely responsible for paying all PERMIE KIDs fees as well as taxes and other governmental fees arising from your purchase or sale of products or services in the PERMIE KIDs Service, Shows pages, or other PERMIE KIDs tools. Nothing in this Agreement is intended to create a partnership, joint venture or other business relationship between PERMIE KIDs and you. For more specific information as a Seller-Member, or Buyer, read the Seller-Member Terms and Conditions agreement.
- PRICING CHANGES. All prices are subject to change from time to time. PERMIE KIDs may choose to temporarily change the fees for its Services, Shows or other content for promotional purposes or new offerings, and such changes are immediately effective at the time that PERMIE KIDs publishes the temporary promotional event or new service within the PERMIE KIDs Service or other website. Any changes to fees for Services, Shows or other content that are not temporary or promotional will be effective thirty (30) days after we provide affected users with notice by publishing notice such changes on the PERMIE KIDs website. The changes shall only apply prospectively to the Service or Show that you have purchased. Unless otherwise stated, all PERMIE KIDs’ fees are quoted in United States Dollars.
- REFUND POLICY. PERMIE KIDs is under no obligation to provide a refund for any level of membership, products, or services. PERMIE KIDs will review and make a good faith effort to honor refunds requested for membership within 21 days of purchase. After 21 days, there is no guarantee of refund and PERMIE KIDs retains the right to refuse a refund or further exchange of value. PERMIE KIDs is not under any obligation to refund purchases made between Seller-Members and buyers. However, as the situation deems appropriate, PERMIE KIDs may attempt to work directly with the Seller-Member and buyer to find an appropriate, timely, and legitimate means of returning value.
- TAXES. You are solely responsible for any and all tax payments required as a result of your use of any Service or Show and agree to indemnify PERMIE KIDs for any and all liability regarding your payment of applicable taxes. Neither the PERMIE KIDs, its Show administrators, site managers, designated moderators, nor any individual who is providing a product or service within or on behalf of PERMIE KIDs is an authorized tax consultant or purports to act as a tax adviser to you, and any tax-related information within the Service or Shows is not a replacement for tax. PERMIE KIDs consults with tax advisors and tax lawyers to ensure that transactions within the Service are recorded and reported to the appropriate authorities in accordance with tax laws. For example, if PERMIE KIDs engages in a transaction that results in a taxable income, be it from United States Dollars, another form of financial capital, or through barter, the transaction is documented and reported as such. You are responsible for paying all fees and applicable taxes associated with the Service in a timely manner with a valid payment method. You authorize PERMIE KIDs to charge your designated payment method, including, but not limited to, your credit card, charge card, debit card, PayPal account, or other financial institution account (herein “Payment Method”) for all charges to your accounts with PERMIE KIDs. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store personally identifiable information required to process transactions using the designated Payment Method, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. If you are engaging in transactions within or as a result of any PERMIE KIDs Service or Show, you are solely responsible for all costs of currency conversion and tax payments required. PERMIE KIDs highly recommends you consult appropriate tax advisors and lawyers to ensure your choices and actions comply with all applicable laws and regulations.
Section Three –Distribution Policy
- PERMIE KIDs uses the Creative Commons Attribution-ShareAlike license (“CC-BY-SA”) when permitting any third party to use its original works. With prior written approval from PERMIE KIDs, the CC-BY-SA license permits you to create derivative works by deconstruction, remixing, tweaking, and building upon a PERMIE KIDs’ original work, so long as you appropriately credit PERMIE KIDs and license your new creations under identical terms.
- The PERMIE KIDs’ Shows are freely distributed to all audiences who choose to listen to them and are subject to a limited, nonexclusive license, worldwide, perpetual license that is limited to downloading of the Show, replication, or distribution as desired solely for personal use without further licensure from PERMIE KIDs. Noncommercial distribution of any Show, from short segments to entire episodes or even many episodes, is not only acceptable, it is encouraged. If you want to create CDs or MP3s and distribute them without a charge, you have permission subject to this limited license for personal use. PERMIE KIDs content from any Show may be distributed freely so long as you advise recipients to read the Terms and Conditions of our website in order to ensure they are aware of these terms.
- If you want to use any of our Service or Show content for commercial use, please contact us for prior permission at firstname.lastname@example.org or 11505 Cherry Tree Crossing Rd. PO Box 265, Cheltenham, MD 20623. We require that anyone uses PERMIE KIDs’ Service or Show content abides by the CC BY-SA license. We also require that those who wish to use such content and are willing to comply with the CC BY-SA license must operate from an open-source, good faith stance, such that your commercial activity is managed in a way that does not violate PERMIE KIDs’ ethics. To find out more about Creative Commons license, please visit the Creative Commons homepage (http://creativecommons.org/). For those who qualify following contact and review of the request, we are very willing and interested in helping people, organizations, and businesses use our content to help build a broader community upon the foundation of PERMIE KIDs.
Section Four – Sponsors, Material Recommendations, and Intellectual Property
- Sponsors. The only sponsors that PERMIE KIDs only accepts sponsors which we believe can meet the ethical and cultural values of the PERMIE KIDs community. PERMIE KIDs from time to time receives products or services for free from Seller-Members or third parties in the hope that the PERMIE KIDs staff will mentioned the product or service on the website, in an episode of the Show, or in conjunction with another third-party product or service or with a PERMIE KIDs Service. We only recommend products or services that our staff believes may appeal to the members of our community and which may include a product or service that our staff members personally use. We do not represent or warrant that any academic or scientific evaluation is used as the basis for our mentioning of such products or services, and that any recommendation is made on the basis of the subjective opinion of the administrative or editorial staff member. We make this disclosure in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
- Intellectual Property. We respect the intellectual property rights of others and maintain vigilance in the identification and removal of any infringing content or activity within our Service and Shows. We ask that our Visitors, Buyers, Seller-Members and other users do the same as an important part of the Community Code of Conduct.
(a) Breach Penalties. It is our policy to disable access to or remove material that we believe in good faith to be infringing the owner’s rights in a work subject to copyright, patent, trademark, or trade secret protection upon our receipt of notice of its presence within our Service or Shows. We reserve the right to disable and/or terminate the accounts of users whom we have reason to believe have infringed copyrighted, patented, trademarked, or trade-secret-protected works.
(b) Supplemental Copyright Policy. You have a responsibility to review and familiarize yourself with our supplemental Copyright Policy, which has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws. By accepting this Terms and Conditions Agreement, you agree to be bound by our supplemental Copyright Policy, which is by this reference expressly incorporated into this Agreement.
- What can I do if my content is stolen by a PERMIE KIDs user?
Please contact email@example.com with the following information:
- a description of and, if possible, an attachment of your content;
- your name;
- the username of those Seller-Members, Buyers, or other users whom you believe are the infringers;
We ask that you write your email concisely so the PERMIE KIDs staff can respond to your claim as efficiently as possible.
Section Five – Affiliate Link Disclosure
- Some of the links on PERMIE KIDs are “affiliate links.” This means if you click on a link and purchase the item, we may receive an affiliate commission. We only recommend products or services our staff uses personally and believe may add value to our readers. PERMIE KIDs, Seller-Members, Buyers, Visitors or third parties may provide hyperlinks on the Sites or Websites, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Services or any Show imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. PERMIE KIDs expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to, by, or through the Sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
- Third-Party Content and Interaction; Third Party Content and Sites: You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use. You understand that by using the Sites you may be exposed to content that is offensive, objectionable, or indecent, and that you use the Sites at your own risk. Content from other Users or third parties is made available to you through Websites and the Sites. The inclusion of any such content on the Sites does not imply our affiliation or endorsement of such content. Because PERMIE KIDs does not control such content, you agree that PERMIE KIDs is not responsible for any such content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such content. Your interactions with other users and third parties within the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the user or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that PERMIE KIDs is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user’s or third party’s use or disclosure of your personal information.
- TRANSACTION DISPUTES BETWEEN USERS. If there is a transaction-related dispute between you and any third party (including, without limitation, any Visitor, Buyer, Seller-Member, or other user), PERMIE KIDs is under no obligation to become involved. You release PERMIE KIDs, its officers, directors, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Section Six – , Force Majeure, Disclaimer of Warranties, Indemnification and Limitation of Liability
- PAID-USER SERVICE AVAILABILITY DISCLAIMER. Becoming a Buyer, Seller-Member, initiating any other type of membership or tipping does not guarantee access or usage of the PERMIE KIDs Service, Show(s) or any other PERMIE KIDs material. PERMIE KIDs reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the PERMIE KIDs Service or Show, or any part thereof with or without notice and at the sole discretion of PERMIE KIDS. PERMIE KIDs is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERMIE KIDS LLC AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
PERMIE KIDS LLC AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR THE SERVER THAT MAKES THE SITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERMIE KIDS LLC MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITES, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY PERMIE KIDS TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERMIE KIDS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
PERMIE KIDS LLC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITES, PLATFORM, APPLICATIONS OR WEBSITES.
If you are located in the European Economic Area or Switzerland: PERMIE KIDS is liable for defects in accordance with the applicable statutory provisions. With regard to commercial ventures, the warranty period is limited to twelve months. An additional warranty is only provided upon express agreement between you and PERMIE KIDS.
- INDEMNIFICATION. You agree to indemnify, defend, and hold harmless PERMIE KIDS LLC, its subsidiaries, and affiliates (“PERMIE KIDS”), and their respective officers, agents, co-branders or other partners, employees, and any third-party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) made by any third party due to, arising out of, or relating to:
(a) any content you submit, post, transmit, or make available through the Sites;
(b) your use or misuse of the Service or other PERMIE KIDS sites;
(c) your connection to the Service or other PERMIE KIDS sites;
(d) your interaction with any other User, including but not limited to any other Visitor, Buyer, Seller-Member;
(e) your breach or alleged breach of this Agreement or other applicable law; or
(f) your violation of any rights (including intellectual property rights) of a third party.
PERMIE KIDS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PERMIE KIDS. PERMIE KIDS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This indemnification section does not apply to you if you are located the European Economic Area.
- LIMITATION OF LIABILITY. YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL PERMIE KIDS LLC OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PERMIE KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICE, SHOWS, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO PERMIE KIDS BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICE SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN PERMIE KIDS LLC (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA AND SWITZERLAND: PERMIE KIDs is liable without limitation for:
(a) damages caused intentionally or with gross negligence by PERMIE KIDS, its legal representatives or executive staff and other assistants in performance;
(b) personal injury, damage to health and death caused intentionally or as a result of gross negligence on the part of PERMIE KIDS, its legal representatives or assistants in performance, and
(c) damages caused by the absence of warranted characteristics and for damages relating to product liability.
PERMIE KIDs is liable for damages resulting from the breach of primary contractual obligations by PERMIE KIDs, its legal representatives or other assistants in performance; primary contractual obligations are such basic duties which form the essence of the Agreement which were decisive for the conclusion of the Agreement and its performance. If PERMIE KIDs breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by 99Designs at the time the respective service was performed.
IF YOU ARE LOCATED IN AUSTRALIA: If the Australian Trade Practices Act 1974 (Cth), or analogous legislation, applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, PERMIE KIDS’s liability is limited, at the option of PERMIE KIDs, to:
(a) in the case of goods, any one or more of the following
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) In the case of services:
(i) the supplying of the Service again; or
(ii) the payment of the cost of having the Service supplied again.
Section Seven – Privacy
Section Eight – Breach and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Sites at any time and for any or no reason. PERMIE KIDs has the right (at our sole discretion) for any reason to (i) delete, disable, or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services, Shows or any other PERMIE KIDs content, (ii) remove and discard any content within any Service account, Show page, or anywhere where PERMIE KIDs has syndicated content, (iii) shut down a Seller-Member or Buyer account, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Section Nine – General Terms
- Choice of Law. The laws of the State of Maryland shall govern this Agreement, as well as any such unresolved claim that might arise between you and PERMIE KIDS, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Maryland for the purpose of litigating all such claims or disputes.
- Dispute Resolution; Arbitration.
(a) Informal Resolution of Disputes. Our PERMIE KIDS representatives can resolve most user concerns quickly and to the user’s satisfaction. If you have a dispute or claim against us, you should first contact a PERMIE KIDS representative by emailing firstname.lastname@example.org and provide in detail, including documents or analysis supporting your position, the basis of your claim. PERMIE KIDS representatives shall be provided with 14 days in which to research and respond to your claim. In the event your dispute or claim is not resolved to your satisfaction, you may seek other methods of dispute resolution.
(b) ARBITRATION PROVISION.
(i) Your Right to Reject This Provision. You may reject this Arbitration Provision and any prior arbitration agreement between you and PERMIE KIDS that you have not had a prior chance to reject (“Prior Arbitration Agreement”) by mailing us, within 30 days after the date you accept this Agreement, a signed rejection notice which includes your name(s) and address(es) and states that you reject arbitration. The rejection notice must be sent to us at: Tender Loving Calls LLC, c/o Agents and Corporations, Inc., 1201 Orange Street, Ste. 600, One Commerce Center, Wilmington, DE 19801, Attn: Arbitration Rejection.
(ii) Covered Claims. “Claim” means any claim, dispute or controversy whatsoever between you and PERMIE KIDS that in any way arises from or relates to this Agreement or any PERMIE KIDS Services or devices. However, “Claim” does not include any dispute about the validity, effect or enforceability of Section Nine (2)(d) (the “Class Action Waiver”). Any such dispute shall be resolved by a court and not by an arbitrator or arbitration Administrator.
(iii) Starting Arbitration. In the event that submitting your concern for resolution with PERMIE KIDS according to Section Nine (2)(b) “Informal Resolution of Disputes,” arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by providing a written demand for arbitration to the other party. PERMIE KIDS will not demand to arbitrate an individual Claim that you brings against PERMIE KIDS in small claims court or, if you are a U.S. resident, in your state’s equivalent court, if any. But in the event that your Claim is transferred, removed or appealed to a different court, PERMIE KIDS has the right to demand arbitration. The party starting an arbitration must select as “Administrator” the American Arbitration Association (“AAA”), at the location of 1633 Broadway, 10th Floor, New York, NY 10019. More information about filing an arbitration form and other fees is available at: http://www.adr.org. Any other arbitration Administrator may be selected only by mutual agreement of the parties, or, if AAA cannot serve, another arbitration Administrator may be selected by a court. Notwithstanding the foregoing, no arbitration may be administered by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver of Section Nine (2)(d).
(c) FORUM SELECTION. You agree to resolve any claim, cause of action or dispute (collectively “Claim”) which is unresolved after submitting the claim to PERMIE KIDS according to Section, “Informal Resolution of Disputes” and which cannot be resolved in accordance with the “ARBITRATION PROVISION” of Section Nine (2)(a), and which you have with PERMIE KIDS arising out of or relating to this Terms of Service Agreement or PERMIE KIDS, exclusively in the U.S. District Court for the District of Maryland or a state court located in Prince George’s County, Maryland, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such unresolved claims. The laws of the State of Maryland will govern this Agreement, as well as any such unresolved claim that might arise between you and PERMIE KIDS, without regard to conflict of law provisions.
(d) CLASS ACTION WAIVER. You agree to conduct any proceedings to resolve or litigate any dispute in any forum solely on an individual basis. Neither you, nor PERMIE KIDS, nor any other disputed party will seek to have any dispute heard as a private attorney general action, a class action, or in any other proceeding in which any party proposes to act or acts in a representative capacity. No proceeding or arbitration will be combined with any other without prior written consent of all parties to any and all affected arbitrations or proceedings. If this class action waiver is found to be illegal, invalid or unenforceable as to all or some parts of a dispute, then Section Nine (2)(d) will not apply to those parts, and instead, those parts will be severed from the action to proceed in a court of law, with the remaining parts proceeding according to these terms. If any other provision of Section Nine (2)(d) is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of Section Nine (2)(d) remaining in full force and effect.
- United States Export Controls. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from PERMIE KIDS under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, PERMIE KIDS from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
- Modification and Amendment.
(a) PERMIE KIDs will post a link to or announcement of any substantial change or amendment to this Agreement on PERMIE KIDS’s home page as notice to you of the change. The Agreement and its applicable supplemental agreements are effective as amended within 14 days of notice, unless PERMIE KIDS changes the Agreement for administrative reasons, legal reasons, or to correct an inaccurate statement.
(b) By logging into any of your PERMIE KIDS accounts and continuing your use of PERMIE KIDS Service or Shows following any changes to this Agreement and its supplemental agreements (as applicable), your voluntary and continued use of any PERMIE KIDS Service or Show constitutes your acceptance of any amended terms herein.
Section Ten – Contacting Us; Headquarters
PERMIE KIDs LLC is registered in the United States in the State of Maryland, and the headquarters address is: PERMIE KIDs LLC, 11505 Cherry Tree Crossing Rd. PO Box 265, Cheltenham, MD 20623.