These terms and conditions shall be considered the “Terms of Service” (“TOS”) which govern access to and use of 614KidsClub’s websites and mobile applications that link to or reference these TOS (collectively, the “Service”). By accessing or using the Service, you are agreeing to these TOS and concluding a legally binding contract with http://614kidsclub.com/ (“614KidsClub”). Do not access or use the Service if you are unwilling or unable to be bound by the TOS.
”You” and “your” refer to you, as the user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. A “Member” is a user who has paid a fee to access exclusive areas of the website including but not limited to offers, discounts, specials and events, “We”, “us”, and “our” refer to 614KidsClub, “Offers” refers to specials, promotions or discounts created by Business Accounts and intended for the use or consideration of our members, “614KidsClub Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than 614KidsClub or its users, which is made available in connection with the Service. “Site Content” means all of the Content that is made available in connection with the Service, including User Content, Third Party Content, and 614KidsClub Content.
CHANGES TO THE TOS
We may modify the TOS from time to time. When changes are made, we will notify you by making the revised version available on this page, and will indicate at the top of this page the date that revisions were last made. Any such modification will be effective upon our posting of new TOS. You understand and agree that your continued access to or use of the Service after any posted modification to the TOS indicates your acceptance of the modification.
To access or use the Service, you must be 18 years or older and have the legally requisite authority to enter into these TOS. You may not access or use the Service if we have previously banned you from the Service or closed your account.
PERMISSION TO USE THE SERVICE
We grant you permission to use the Service subject to the restrictions in these TOS. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
“Membership” is an account for your personal, non-commercial use only. Memberships require the user to pay a non-refundable, fee. These fees are based on a sliding scale and may change from time to time, without notice. Any fees paid for Membership are not refundable, though the user may terminate their Membership account at any time.
In creating a Membership Account, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR 614KIDSCLUB MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT CARD ON FILE IN YOUR ACCOUNT. If you do not want your membership to automatically renew or if you would like to change which credit card is charged, you can change this default in Your Account Settings.
You can cancel your 614KidsClub membership at any time in Your Account Settings under the Account section. You may cancel within the first 15 calendar days after signing up and receive a refund of the membership fee you paid. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the membership benefits through the end of your billing period.
Your 614KidsClub membership cannot be transferred or assigned. 614KidsClub reserves the right to accept, refuse, or cancel your membership at any time in its sole discretion.
From time to time, 614KidsClub may offer some customers trial or other promotional memberships. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer and are for new customers or certain members only. Only one trial or promotional membership is available per household. 614KidsClub will charge you the applicable fee after your free trial period has expired to the credit card on file with 614KidsClub. If you cancel your membership before the trial period has expired, 614KidsClub will not charge you. 614KidsClub may change the monthly or annual fee charged at any time, but any such fee change will not apply to current paid memberships until such time as your current membership expires and your membership is renewed for another term.
We may change other terms or conditions applicable to 614KidsClub from time to time. 614KidsClub may also make such changes with respect to current paid memberships. If you disagree with the changes to your current membership terms of service, you may cancel your membership.
“Business Account” is an account to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately. Service fees, special handling fees, and/or taxes must be disclosed within the description of each offer.
OFFERS AND PROMOTIONS
You agree that 614KidsClub does not assume responsibility for any products, services, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, services, offers, or information through the Services, you agree that you do so at your own risk and that 614KidsClub will have no liability based on such purchase, use, or access.
Service fees, special handling fees, and/or taxes may apply to offers, discounts or specials made available to 614KidsClub members and will be disclosed within the description of each offer. Please read carefully.
Offers, discounts, special and promotions are subject to change at any time, without notice.
By creating an account, you agree to receive certain communications in connection with the Service as well as communications from our related businesses.
We are under no obligation to enforce the TOS on your behalf against another user. While we encourage you to let us know if you believe another user has violated the TOS, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist or enable others to use the Service to:
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by 614KidsClub;
- or Violate any applicable law.
- You also agree not to, and will not assist or enable others to: Violate the TOS; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by 614KidsClub;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
- Reverse engineer any portion of the Service;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on 614KidsClub’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them, even if permissible under applicable law.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback. You may send your feedback to us here.
The Service may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify and hold 614KidsClub, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the TOS, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 614KidsClub 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 614KidsClub. 614KidsClub will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF 614KidsClub AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “614KidsClub ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE 614KidsClub ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE 614KidsClub ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.
614KidsClub MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE 614KidsClub ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE.
THE 614KidsClub ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. THE 614KidsClub ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TOS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE 614KidsClub ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.THE 614KidsClub ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF 614KidsClub OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
OHIO law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and 614KidsClub (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN COLUMBUS, OHIO
You may terminate the TOS at any time by closing your account, discontinuing your use of the Service, and providing 614KidsClub with a notice of termination here. If you close your account, we may continue to display Your Content. We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
In the event of any termination, whether by you or us, these TOS will continue in full force and effect.
COPYRIGHT NOTICES (DMCA)
If you believe your copyright-protected work was posted on 614KidsClub without authorization, you may submit a copyright infringement notification. These requests should be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Please initiate your request by filling out this form or you may mail your notice to:
614KidsClub.com, 458 E. Main St., Columbus, OH 43215
614KidsClub and the 614KidsClub logo are trademarks of 614Digital, LLC, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of 614KidsClub or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the TOS by email, regular mail or communications through the Service. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The TOS contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these TOS. Any failure on 614KidsClub’s part to exercise or enforce any right or provision of the TOS does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the TOS is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable.
Section titles in the TOS are for convenience only and have no legal or contractual effect.