TERMS OF USE

Kids Central is designed for kids and the parents to have opportunities for fun and for learning. We have designed our website and electronic media (“Online Services”) to also provide opportunities for fun and learning.

In order to access and use Kids Central Online Services, it is necessary for you to agree to all of the following terms and conditions.

The first rule is to always check with your parents before sending any information to Kids Central. If you ever have any issue with anything you see on our site, send us a note at comments@kidscentral.tv


IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS


This is the official Terms of Use Agreement ("Agreement" or "Terms of Use") for the Kids Central Online Services. This site is fully controlled and operated by Condista Networks, Inc. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time so please review the Terms of Use periodically.

These Terms of Use outline the “rules” for your use of our Online Services. Your use of the Online Services affirms that you are at least 18 years of age or that you have reviewed these Terms of Use with your parent or legal guardian and he or she agrees to these Terms of Use on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with these Terms of Use. If you are not in agreement with these Terms of Use, you will not use the Online Services.

Intellectual Property


All software, design, text, images, audio clips, video clips, artwork, and other copyrightable or otherwise legally protectable elements of the Online Services, (collectively known as the ‘Creative Elements’) are the property of Kids Central and/or its licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Kids Central grants you the personal, non-exclusive, no assignable license to use for your noncommercial and personal use only the Creative Elements and you agree not to reproduce, modify or distribute the Creative Elements to any third party with the express prior written consent of Kids Central.

You agree that you will not submit, post, distribute, upload or otherwise submit anything that contains (in the opinion of Kids Central), any unlawful harassing, abusive, harmful, vulgar, obscene, indecent or otherwise inappropriate material or any material that infringes on the intellectual property of another person or entity, any personal information about another person or any information intended to promote and/or generate revenue for any third party.

You will not attempt to gain unauthorized access to Kids Central’s computer systems.

Advertising


The Online Services may include advertising for third party companies and services. By using the Online Services and agreeing to these Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Online Services. You agree that by clicking on a banner advertisement or link from our advertisers and sponsors, you will be taken to other sites, which are not operated by Kids Central or under our control so we do not endorse that you will be satisfied with any products or services that you purchase from a third party site. You agree that Kids Central will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Registration


You may be asked to register and to provide Kids Central with certain information about yourself to access certain areas or features of the Online Services. Should you choose to register, you hereby represent, warrant, and covenant that: you have the power and authority to agree to these Terms of Use; and (i) you are at least eighteen (18) years old or (ii) that you have reviewed these Terms of Use with your parent or legal guardian and he or she agrees to these Terms of Use on your behalf and takes full responsibility for your compliance with them.  

Contests and Sweepstakes, and Other Activities


Kids Central may provide additional rules for certain promotional activities on the Online Services including, without limitation, contests and sweepstakes by Kids Central and in conjunction with third parties. You agree that both these Terms of Use and the provisions contained in the Official Rules for the activity in which you are participating will govern your participation in such activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.

INDEMNIFICATION


You agree to indemnify, defend and hold harmless, Kids Central its affiliates, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Online Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Kids Central reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kids Central in asserting any available defenses.

COPYRIGHT POLICY


The protection of copyrights, both our own and others, is something Kids Central takes very seriously. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us at comments@kidscentral.tv

Disputes/Arbitration


By using the Online Services you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Online Services, Kids Central or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to comments@kidscentral.tv.

Both parties will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Both parties shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, either party may resort to the other alternatives described in this section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Online Services.

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Kids Central and you arising under these Terms of Use or in connection with your access to, and/or use of the Online Services, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites shall not be subject to arbitration. For residents outside the United States, arbitration shall be initiated in Miami Dade County, Florida, and both parties agree to submit to the personal jurisdiction of the state Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-8OO-778-7879.

Class Action Waiver


Both parties agree that both parties will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Online Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Miami Dade County, Florida.