www.KudosKido.com - Term of Use Agreement

Membership Eligibility

You must be eighteen or over to register as a member or use this site. Membership to our site is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old.

Fees/Termination

KudosKido usage and/or listing fees and duration of services were provided to you upon purchasing/billing and may change from time to time upon electronic notice to you. KudosKido reserves the right to terminate your access to the site for any reason or no reason. KudosKido may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If KudosKido, terminates your membership in the KudosKido service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated by us, certain provisions will remain in effect including the following sections inclusive, of this Agreement.

You, the purchasor, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's fifth or fifteeth business day following the date of this contract, excluding Sundays and holidays. 1.) After five business days all purchases are final. 2.) Purchases made for location listing greater than 30 days are refundable up to the fifiteen business days after purchase date. Remaining days of any listing are not refundable. If a member decides to cancel, inactivate, or not use their account no refund will be issued. To cancel this agreement, use the Contact Us link and select membership to notify us.

Non-Commercial Use by Members/Viewers

This KudosKido site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of this site, including unauthorized framing of or linking to the site, the sending of unsolicited commercial email, or collecting the text of our pages, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights of Content on KudosKido.com

KudosKido owns and retains other proprietary rights in the KudosKido site and the KudosKido service. The site contains the copyrighted material, trademarks, and other proprietary information of KudosKido and our partners. All information in public or private domain for which you have access to , you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

1.) KudosKido claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that KudosKido may delete any content, messages, photos or profiles that in the Kudoskido's sole judgment violates the Terms of Use Agreement or Privacy Policy or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of KudosKido and/or its members.
2.) You are solely responsible for the content that you publish or display (hereinafter, "post") on the KudosKido, or transmit to other KudosKido . members.
3.) By posting content to any area of KudosKido, you automatically grant, and you represent and warrant that you have the right to grant, to KudosKido , an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
4.) KudosKido will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership or viewer access of such violators.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the KudosKido service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. KudosKido's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached as follows:

It is the intention of KudosKido to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

Member/Viewer Disputes

KudosKido does not solicit or control the information provided by other Member/Viewer that is made available through our system. You may find other Member/Viewer information to be not accurate or correct. If so, please Contact Us with the member id or viewer's email address or phone number you find acceptable. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other KudosKido members and viewers. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the KudosKido site, you release KudosKido, from demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 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." KudosKido reserves the right, but has no obligation, to monitor disputes between viewers and members.

Privacy

Use of the KudosKido site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.

Disclaimers

KudosKido is not responsible for any incorrect or inaccurate content posted on the KudosKido site or in connection with the KudosKido service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the KudosKido service whether online or offline. KudosKido assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. KudosKido is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the KudosKido site and/or in connection with the KudosKido service. Under no circumstances KudosKido, be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the KudosKido site or transmitted to KudosKido Members. The Site and the service are provided "AS-IS" and KudosKido . expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KudosKido . cannot guarantee and does not promise any specific results from use of the site and/or the KudosKido service.

KudosKido is not a referral service, we only provide a media for child daycares to advertise their services. The child daycare service itself is responsible for the content posted or displayed in the child daycare profile. KudosKido does not verify the information provided by the child daycare is accurate or correct. Users of this site agree to hold KudosKido harmless from any loss, liability, claim, or demand, include attorney's fees for reasons related to selecting a child daycare listed or found on our site. Please Contact Us if you have any questions regarding our services.

Limitation on Liability

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will KudosKido be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the KudosKido service, even KudosKido has been advised of the possibility of such damages. You further agree to hold KudosKido harmless for claims arising in the event that other user’s profile ultimately proves to be not accurate or correct. Notwithstanding anything to the contrary contained herein, KudosKido's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KudosKido for the service during the term of membership.

U.S. Export Controls

Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Legal Disputes

Any and all disputes arising out of or related to these Terms of Use and/or your relationship with KudosKido and/or your use of this site shall be submitted the Omaha Douglas County, Nebraska.

Indemnity

You agree to indemnify and hold KudosKido and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

Notices/Other

Except as explicitly stated otherwise, any notices shall communicated via the Contact Us link. Notice shall be deemed given 24 hours after our message is sent, unless the sending party is notified that the message is invalid. Alternatively, KudosKido may send you notice by certified mail, postage prepaid and return receipt requested, to the address provided to KudosKido during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and any future Agreements. If any statement of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

KudosKido is located in Omaha, Nebraska, and is currently filing for LLC status with the state of Nebraska.