AGREEMENT AND SERVICES
Kindergarten Worksheets, referred to herein as Kindergarten Worksheets ("Kindergarten Worksheets"), is composed of the Kindergarten Worksheets Website, and any other Website, product, or service owned or operated by Kindergarten Worksheets. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein.
If you violate our Terms of Service, Kindergarten Worksheets may issue you a warning regarding the violation, or, in Kindergarten Worksheets's sole discretion, immediately terminate any and all Accounts that you have established with the company. You acknowledge that Kindergarten Worksheets is not required to provide you notice before terminating your account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.
THESE TERMS IN CONJUNCTION WITH OTHER OFFERS
The Terms of Service and any posted rules or instructions regarding a particular game, activity, affiliation service, contest, or sweepstakes constitutes the entire agreement between you and Kindergarten Worksheets regarding your rights and obligations in your use of any Kindergarten Worksheets property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a Kindergarten Worksheets property, the company will resolve the conflict within its sole discretion.
"Content" is defined herein as the software, communications, images, sounds, and all the material and information you encounter through Kindergarten Worksheets. Kindergarten Worksheets, our Members, our affiliates, and our independent content providers provide most of the Content on Kindergarten Worksheets. Kindergarten Worksheets does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Kindergarten Worksheets.
Content standards may vary depending on where you are on Kindergarten Worksheets, the type of game you are playing and the expectations of the community. Always use your best judgment in online conduct.
Kindergarten Worksheets representatives may monitor your communications on Kindergarten Worksheets. But we cannot monitor all of the Content on Kindergarten Worksheets, and we do not attempt to do so. If you encounter something you don't want to see, you can report it to the game support or complaint email address for the area in which the incident occurred. Kindergarten Worksheets does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. Kindergarten Worksheets does not assume any responsibility or liability for Content that is generated by Members or other guests on Kindergarten Worksheets. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Kindergarten Worksheets does not assume any liability for any failure to remove, or any delay in removing Content.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of Kindergarten Worksheets and cooperate with law enforcement.
You agree that you will be personally responsible for your use of Kindergarten Worksheets and for all of your communication and activity in using the Service, including any Content you contribute, and that you will indemnify and hold harmless Kindergarten Worksheets, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Kindergarten Worksheets, including any Content that you contribute.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.
Kindergarten Worksheets does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your Kindergarten Worksheets game.
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, Kindergarten Worksheets MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT Kindergarten Worksheets MAY HAVE MADE.Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. Kindergarten Worksheets is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.
By communication within the Service, i.e. by submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Kindergarten Worksheets permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to Kindergarten Worksheets, you expressly grant Kindergarten Worksheets the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in Kindergarten Worksheets'S discretion, and without any notice or compensation to you of any kind.
By submitting a Posting, you agree to defend, indemnify and hold Kindergarten Worksheets, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Kindergarten Worksheets Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Kindergarten Worksheets any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
User's Computer Information
Links to Third-Party Sites
Kindergarten Worksheets may include hyperlinks to Websites operated by parties other than Kindergarten Worksheets including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Kindergarten Worksheets does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.Additional Terms and Conditions for Specific Games
When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, Kindergarten Worksheets will be the final and sole arbiter of any such inconsistencies.Kindergarten Worksheets Software
CONTESTS AND SWEEPSTAKES
By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. Kindergarten Worksheets provides rules of participation for certain activities on this site including, without limitation, contests, sweepstakes, and electronic postcards by Kindergarten Worksheets and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate or are automatically entered into shall govern.
LIMITATIONS ON WARRANTY AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF Kindergarten Worksheets, Kindergarten Worksheets SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. Kindergarten Worksheets, Kindergarten Worksheets SOFTWARE, Kindergarten Worksheets'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Kindergarten Worksheets PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Kindergarten Worksheets WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Kindergarten Worksheets OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT Kindergarten Worksheets, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF Kindergarten Worksheets SOFTWARE. IN NO CASE SHALL Kindergarten Worksheets OR ITS SUBSIDIARIES', LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "Kindergarten Worksheets AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Kindergarten Worksheets FOR THE SERVICE. IN NO CASE SHALL Kindergarten Worksheets OR Kindergarten Worksheets AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Kindergarten Worksheets, Kindergarten Worksheets SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH Kindergarten Worksheets. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Kindergarten Worksheets'S AND Kindergarten Worksheets AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Kindergarten Worksheets DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH Kindergarten Worksheets AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.INDEMNIFICATION
Upon request by Kindergarten Worksheets, you agree to defend, indemnify and hold harmless Kindergarten Worksheets and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on Kindergarten Worksheets. Kindergarten Worksheets reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Kindergarten Worksheets in that matter. This Section shall survive termination of this Agreement.
OTHER LEGAL TERMS
The laws of the State of Pennsylvania, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and Memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with Kindergarten Worksheets or relating in any way to your Accounts, the Services and Memberships or your use of Kindergarten Worksheets resides in the courts of Washington, county of King and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Washington in connection with any such dispute including any claim involving Kindergarten Worksheets or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
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