Kid-Tastic Terms and Conditions
Last Revised: January 10, 2020
Kid-Tastic Terms and Conditions
Kid-Tastic operates as a marketplace connecting parents with child-care providers and recreational activities (“Activities”). Kid-Tastic is not a provider of these Services and is not a party to any agreements that result from a connection made on our through the Services (“Activity Booking”). The parties to any Activity Booking are solely responsible for verifying that the Activity Booking is executed and performed in accordance with all applicable laws and regulations, including without limitation, licensing laws, safety laws and tax laws. You expressly agree that Kid-Tastic has no obligations under any Activity Booking and shall not be included as a party in any dispute related to an Activity Booking.
Kid-Tastic cross checks the information provided on an Activity Provider’s application with the state licensing board, however, does not run background checks or otherwise verified the identity, credentials, suitability, safety, availability, accuracy, facilities or other aspects of an Activity. Kid-Tastic makes no representations nor endorsements regarding any Activity posted on or through the Services. Kid-Tastic expressly disclaims any liability, including personal injury or death, that results from any Activity posted on the Services. PARENTS, PLEASE USE CAUTION BEFORE BOOKING AN ACTIVITY YOU CONNECT WITH ON OR THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING AN ACTIVITY WILL MEET YOUR NEEDS FOR CARING FOR YOUR CHILD.
You agree that any Activity you learn about on the Services will be booked through the Services. You are strictly prohibited from contacting an Activity provider to book a Service in any other manner. Activity providers agree that if a parent is attempting to book an Activity off of the Services they will refer the parent back to the Services to complete the Activity Booking.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Kid-Tastic and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not use or access the Services for any reason. Please contact us if you are aware that a person under 18 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Kid-Tastic may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Kid-Tastic granting you access to and use of the Services, you agree that Kid-Tastic, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
Access and Passwords
Only Activity providers with a current subscription may post Activities on the Services. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Kid-Tastic account. Kid-Tastic cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Kid-Tastic has the right but not the obligation to monitor and edit all Content provided by users.
Please be aware that Kid-Tastic does not verify the accuracy any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. We are not responsible for the actions of our users or your interactions with other users and we advise you to use the services safely and responsibly. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Kid-Tastic be liable in any way for any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
For Activity Providers:
By posting any Content, including without limitation, advice, comments or suggestions, on the Services you expressly represent and warrant that: (i) you have accurately identified your identity and your credentials at all times; (ii) you are qualified and fully licensed to provide the any activities you advertise in the Content; (iii) any activities you advertise will be performed safely and competently and in compliance with applicable laws and regulations; (iv) you will use any information you learn about another user only as strictly necessary to provide that user with the full functionality of the Services.
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Kid-Tastic and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Kid-Tastic reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Kid-Tastic, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions On Use Of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Kid-Tastic‘s computer systems, or the technical delivery systems of Kid-Tastic providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Kid-Tastic (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kid-Tastic (NOTE: scraping the Services without the prior consent of Kid-Tastic is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
You agree not to post any content on the Services that:
- Misrepresents your identity, credentials or other aspects of your childcare or recreational capabilities, safety measures, facility or staff.
- Harasses or impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Is a direct and specific threat of violence to others;
- Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
- Is furtherance of illegal activities; or
- Is abusive, or constitutes spam.
Ending These Terms
The Terms will continue to apply until terminated by either you or Kid-Tastic as follows.
You may end your legal agreement with Kid-Tastic at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at email@example.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect Kid-Tastic‘s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
Disclaimers,Limitations Of Liability and Indemnity
Please read this section carefully since it limits the liability of Kid-Tastic and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Kid-Tastic Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE KID-TASTIC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Kid-Tastic Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Kid-Tastic Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party Services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Services or resources; or (ii) the content, products, or Services on or available from such Services or resources. Links to such Services or resources do not imply any endorsement by the Kid-Tastic Entities of such Services or resources or the content, products, or Services available from such Services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Services or resources.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KID-TASTIC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT OR (v) ANY ACTIVITY YOU POST OR BOOK THROUGH THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KID-TASTIC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID KID-TASTIC, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE KID-TASTIC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Kid-Tastic Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to: (1) any representation you make on or through the Services; (2) your failure to comply with the Terms or Community Guidelines; (3) any activity in which you engage on or through the Services or that results from your use of the Services.
GENERAL TERMS. Waiver and Severability
The failure of Kid-Tastic to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Wisconsin without regard to or application of its conflict of law provisions or your state or country of residence.
Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement or the performance or nonperformance of either party hereto will be submitted to arbitration under the rules and regulations of the American Arbitration Association. The prevailing party will be entitled to recover from the other party its costs and fees, including reasonable attorneys’ fees. Any arbitration brought hereunder will be held in Milwaukee County, Wisconsin. The decision and award of the arbitrator will be final and conclusive upon the parties, in lieu of all other legal, equitable or judicial proceedings between them, and no appeal or judicial review of the award or decision of the arbitrator will be taken, but rather any such award or decision may be entered as a judgment and enforced in any court having jurisdiction over the party against whom enforcement is sought.
We may revise these Terms from time to time, the most current version will always be listed at the top. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: January 10, 2020.