Last Revised: December 5, 2019
Use of Services
By using our Services, you expressly represent and warrant that (i) you are legally entitled to enter these Terms, (ii) you are at least 18 years old or have obtained parental consent, and (iii) that you have the authority and capacity to enter into and abide by these Terms. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not access or use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18) without consent of a parent or guardian. Subject to the Terms, you may access and use the Services solely for your personal use. The Services shall not be used for commercial purposes.
Calendarkiddo provides a free platform where users may find listings of upcoming events for kids. All events and event listings are provided by third parties (“event organizers”). We do not monitor, vet, or endorse, any event listings, events, or event organizers. We do not supervise third-party events and are not involved with any of the actions of the individuals at these events. You are solely responsible for determining if the event or gathering is safe. You are also solely responsible for determining whether any event details have been changed or any events have been canceled. We do not conduct background checks of users and cannot determine if users are suitable event organizers or event attendees. Generally, there are risks associated with attending any event, including, without limitation, the failure of the event organizer and its attendees to provide a safe atmosphere, abide by applicable laws, miscommunication regarding the details of the event, inappropriate or dangerous conduct on the part of the event organizer or the other attendees. By using the Services, you represent and warrant that you meet any age eligibility requirements for the Services and agree that you are solely responsible for determining the suitability and safety of a third-party event to which you wish to attend.
From time to time, we may receive and/or be tagged on social media in event images taken by you, event organizers, or other attendees. By submitting content to us or tagging us on social media you grant us the irrevocable right and license to use, display, repost, distribute and publicly perform said content worldwide and in perpetuity.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under the age of 13. We do not knowingly collect or solicit personally identifiable information from children under the age of 13. If you are a child under the age of 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13 years of age, we will immediately delete that information and deactivate any accounts. If you believe a child under the age of 13 may have provided us with personal information, please contact us at: email@example.com.
User Registration and Accounts
You are responsible for maintaining the confidentiality of your account, including your username and password. You agree to immediately notify us of any unauthorized use of your account or other breach of security. Notification of breaches should be sent to us at: firstname.lastname@example.org
By registering for a Calendarkiddo account, you opt into receiving notifications and communications from us, which may include e-mails related to changes to our features, Services, promotions and other special offers. If you wish to stop receiving this material, you may unsubscribe at any time by following the instructions in any of the e-mails received. Please note that even if you unsubscribe from receiving such notifications, you will still receive e-mails containing notices as required by law.
As an event organizer, registration allows you to submit, cancel, update, or reschedule events. You can reset your password via the Login page, however, to cancel your account indefinitely, you must send a deactivation request to us at email@example.com stating the reason for cancelation.
Modification, Suspension or Discontinuance of Services
We reserve the right to modify, suspend or discontinue the Services to users (or any part thereof), either temporarily or permanently. In accordance with this provision, we will attempt to notify you of any such modification, suspension or discontinuance. To the extent permitted by law, you agree that we will not be liable for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service
Service Guidelines and Restrictions
By using the Services and any other related features, you agree to the service guidelines and restrictions. Abuses of the service guidelines and restrictions are not tolerable and we reserve the right to suspend or terminate your account indefinitely and permanently upon notice of such abuses. We will use reasonable efforts to ensure the safe, legal and moral use of our Services.
The following non-exhaustive list includes those actions, which are required or strictly prohibited:
- You may not assign or otherwise transfer your account to any other person or entity;
- You agree to comply with all applicable state, federal and local laws while using the Services;
- Your participation in using the Services is for your sole, personal and non-commercial use;
- You will not use the Services for any fraudulent, misleading, inaccurate or dishonest purposes;
- You will not use the Services to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the Services;
- You will not copy or distribute the Services without the prior written consent of Calendarkiddo;
- You will keep your account username and password secure and confidential;
- You will not license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
- You will not modify or make derivative works based upon the Services;
- You will not send or post through or on the Services infringing, obscene, offensive, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party intellectual property or privacy rights;
- You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein;
- You will not use the Services to promote violence, discrimination, humiliation or hatred against any individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or gender identity.
You acknowledge and agree that, other than the content provided to us by you and by other Calendarkiddo users, Calendarkiddo and its licensees own all right, title, and interest to all other content on the Services, including all intellectual property rights. Unless expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works of the Services content or features.
Calendarkiddo’s name and logo are trademarks and service marks of Calendarkiddo. Nothing contained in the Terms constitutes as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks, without our prior written consent. Any and all rights not expressly granted are herein reserved by Calendarkiddo.
Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
You represent and warrant that you have all rights in and to any content that you submit to us and that your submissions do not violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. By submitting content to us, you grant us the irrevocable right to use, display, distribute and publicly perform said content worldwide and in perpetuity.
Unsolicited Materials and Submissions
Any unsolicited materials or submissions received by us will be discarded and/or returned to sender. We will have no express or implied obligation or liability of any kind concerning the submissions, including, the use or disclosure of the submissions. Calendarkiddo and its users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the user that submitted the submission.
Third Party Websites, Advertisements or Services
We may provide event organizers with paid advertising options to enhance the promotion of their events via our website, social media platforms, and/or newsletter. Such enhanced promotion is not an endorsement by us of the relevant event, event organizer or attendees.
Internet Delays, Interruptions and Outages
Our Services may be subject to limitations, delays, interruptions, outages and other problems inherent in the use of the internet and electronic communications. We are not responsible or liable for any delays, delivery failures, or other damages resulting from such problems.
You agree to indemnify, release, defend and hold harmless Calendarkiddo, its members, officers, employees, managers, contractors and agents from any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys’ fees and costs, arising from or relating to the use or misuse of the Services, your violation of any third party rights, breach of the Terms or the violation of any laws.
We may terminate or suspend the Services or any part thereof immediately, without prior notice or liability, if you breach any of the Terms. Teachers and event organizers may terminate their accounts at any time by following the instructions on the Services.
Upon termination by us or by you, your right to use and access the Services, and any Content will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranties and disclaimers, and indemnification.
You agree that (1) the Services shall be deemed solely based in New York and (2) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Calendarkiddo, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles.
You agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court. You manifest your assent to arbitrate by using the Services. Arbitration claims are those that we assert against you and that you assert against us, any related or affiliated entity, and the officers, agents, members, managers or employees of any of them. The Federal Arbitration Act shall govern the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the laws of New York shall apply. To the extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and waive any right to bring, participate in, or recover under, a class, collective, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would and under the same law of remedies. To begin an arbitration proceeding against us or a related party, the you must send a letter requesting arbitration and describing the claim to at:
Attention: Legal Notices
The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including, but not limited to, the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. We will supply a printed copy of the rules upon your request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. New York, New York is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and County of New York, New York. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non-prevailing party all of its reasonable attorneys’ fees and costs.
You agree that we may provide notifications to you via e-mail, written or hard copy notice, or through conspicuous posting of such notices on its Services. You may opt out of or unsubscribe from certain means of notifications or may limit their preferences to receive only certain notifications.
The Terms encompass the entire agreement between you and us. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR