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Terms and Conditions

KidsCom.com Idea Seeker Membership Agreement and Terms and Conditions of Use

Welcome to KidsCom.com Idea Seeker Program. To ensure that you understand the terms and conditions and legal notices which govern your use of the KidsCom.com Idea Seeker Program and apply to your membership agreement, please read this membership agreement which includes the terms and conditions of use (collectively the or this "Agreement"), carefully before using or registering as a member of, or allowing your child (and/or any other person) to use, the KidsCom.com Idea Seeker Program Web site located at www.kidscom.com (collectively, and expressly including any form of media on or through which any portion of www.kidscom.com and/or the KidsCom.com Idea Seeker Program subscription service is provided to you, the "Service"). The Service is owned and operated by Circle 1 Network, LLC. By using all or any part of the Service, you signify your agreement to the terms of this Agreement. If you do not agree to the terms of this Agreement please do not use the service, do not click the box indicating your Agreement to be bound by the terms of this Agreement, and do not register as a member of or subscribe to the Service. We reserve the right, in our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the service following the posting of changes to these terms will mean you accept those changes.

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  1. Definitions. In this Agreement,

    1. "Primary Member" means the person who initially registers for the Service and establishes the adult subscription account ("Adult Account") with KidsCom.com. The Primary Member must be 18 years or older to establish the Adult Account and the account for the Primary Member's child or person of whom the Primary Member is the legal guardian or has permission of the legal guardian to interact with through this program (collectively "Member Children").

    2. The Adult Account and Child Account are collectively referred to in this Agreement as the "Account". The Account may be used only by the Primary Member and Member Children.

    3. References in this Agreement to a "Member", "you" or "your" mean the Primary Member, any person using the Account, and in the case of the free and/or public areas of the Service, to any user using the Service.

    4. References to "Circle 1 Network", "KidsCom.com", "we", "us", "our" and the like in this Agreement are references to Circle 1 Network.

  2. Registration and Use of the Service. As part of the registration process, each Member will receive a password and user name ("User Name"). You agree to provide us with accurate, complete, and updated Account information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the Account. You may not (a) select or use a User Name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you.

  3. Use of Your Account. As the Primary Member for an Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement. You will notify us at hope@kidscom.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, Member's password or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems.

    If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify us of the problem (by notice given as described in the Notice section below).

  4. Our Administration of the Service; Changes to the Terms of this Agreement. We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, access policies, the availability of any Service feature, hours of availability, content, data, or software or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

    We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges for access to portions of the Service effective upon prior notice to Members by posting such changes on its Web site or by sending e-mails to Members. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

    We may, from time to time, have special events, software or content available on the Service, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you or any Member uses or accesses such special events, software or other content, such additional terms and conditions will be binding.

    Your right to use the Service is subject to any limits established by us or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to us for any reason, we reserve the right to either suspend or terminate your access and Account, thereby terminating this Agreement and all of our obligations hereunder. If you have a balance due on your Account, you agree that we can charge these unpaid fees to your credit card. Your account may be suspended for non-payment, and you may be responsible for any and all bank or service charges incurred in connection with payment of charges to your Account, and for any costs of collection including reasonable attorney’s fees.

    We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time. We will post notification of any such changes on the Service, or give notice of them to you via e-mail, postal mail or by pop-up screen, at our sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your Account and, in the case of the Primary Member, terminate your Account. The continued use of the Service by you following your receiving a notice of changes to this Agreement will mean you accept any and all such changes.

  5. Notices. As the Primary Member, you must submit to us a correct e-mail address, and agree to update us of any changes in your e-mail address or other Account information. We may give notice to the Primary Member or any other Member by means of a general notice on the Service, electronic mail to Primary Member's e-mail address on record in the Account information provided by Primary Member, or by written communication sent by first-class mail to the Primary Member's address on record in such Account information. You may give notice to us by electronic mail at the following e-mail address hope@kidscom.com. All notices will be deemed given when actually received or, in the case of notices posted on the Service, as of the time of first use of the Account following such posting.

  6. PRIVACY AND COLLECTION OF INFORMATION. BY SUBSCRIBING TO THE SERVICE, ENTERING BILLING DETAILS AND CREDIT CARD INFORMATION AND ALLOWING OTHER PERSONS TO USE THE ACCOUNT AND ACCESS THE SERVICE, THE PRIMARY MEMBER REPRESENTS THAT HE/SHE IS THE PARENT OR LEGAL GUARDIAN OF EACH OTHER PERSON UNDER THE AGE OF 18 WHO USES THE ACCOUNT AND/OR ANY CHILD ACCOUNT SUB-ACCOUNTS, AND EXPRESSLY CONSENTS AND AGREES, BOTH IN GENERAL, AND SPECIFICALLY FOR THE PURPOSE OF THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998 AND THE CHILDREN'S ONLINE PRIVACY PROTECTION RULES PROMULGATED THEREUNDER, THAT WE MAY COLLECT, MAINTAIN, UPDATE AND USE FROM TIME TO TIME INFORMATION FROM AND ABOUT SUCH CHILD, OTHER PERSON OF WHOM HE/SHE IS LEGAL GUARDIAN AND/OR SUCH EACH OTHER PERSON WHO USES THE ACCOUNT AND/OR ANY CHILD ACCOUNT SUB-ACCOUNTS, AS SET FORTH IN KIDSCOM.COM’S PRIVACY POLICY.

  7. Materials and Content Contained in the Service. All materials and content contained in the Service (including any form of media on or through which any portion of the Service is provided to you) are the copyrighted property of Circle 1 Network, its subsidiaries or affiliated companies and/or third party licensors. All KidsCom.com and/or Circle 1 Network trademarks, service marks, brands, trade dress, logos, characters and trade names are proprietary to Circle 1 Network, its affiliates, or its or their licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the materials, (c) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (d) you do not download quantities of materials to a database that can be used to avoid future downloads from the Service.

  8. In the event you download or otherwise obtain software for or from, or print any material or content from, the Service (including any interactive materials or content which may contain or reflect input or activity generated by you), the software, material and content, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, or disassemble the Software.

  9. Member (User) Submissions. We are pleased to hear from our Members and welcome your comments regarding the Service. However, Circle 1 Network does not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. While we do value your feedback on the Service, we request that you be specific in your comments, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain specific submissions (e.g., postings to chat areas, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Member Submissions" notwithstanding whether provided by a Member, user or some other individual or entity), the Member Submissions shall be deemed, and shall remain, our property. None of the Member Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Member Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Member Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Member Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Member Submissions.

  10. Representations and Warranties; Indemnification. As the Primary Member, you represent, warrant, and covenant that: (a) no materials of any kind uploaded to any Common Area or otherwise submitted through the Account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights or contain libelous or otherwise unlawful material; (b) neither you nor any other person who uses your Account will use your Account to perform, suggest or encourage any fraudulent, illegal or inappropriate activity; (c) that you are at least 18 years old and have the authority to enter into this Agreement; and (d) that you and all other persons who use your Account will fully comply with the terms of this Agreement. You hereby agree to indemnify, defend, and hold Circle 1 Network, its affiliated companies, and all of its and their officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of your Account and/or any breach by you, any Member or any other user of the Account, of any of the above representations, warranties, and covenants or any other provision of this Agreement. You will, and will cause all other persons who use your Account to, cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder. We make no representation, warranty or endorsement as to the accuracy or reliability of any content, materials or information contained in, and/or displayed, uploaded, or distributed by or through the Service. You acknowledge that any reliance upon any such statement, advice, opinion or other information will be at your sole risk. We will have the right, in our sole discretion, to correct any errors or omissions in any portion of the Service, but we have no obligation or duty whatsoever to monitor for, verify or correct any errors or omissions in any portion of the Service.

  11. DISCLAIMER. THE MATERIALS IN THE SERVICE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SERVICE IS PROVIDED TO YOU) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You understand and agree that any material and/or data downloaded or otherwise obtained through the Service is at your own risk and that you will be solely responsible for any damage to your computer system, loss of data or any other loss or damage that results from such download and/or data.

  12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CIRCLE 1 NETWORK, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR DISTRIBUTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE MATERIALS IN THE SERVICE. THIS LIMITATION WILL APPLY EVEN IF CIRCLE 1 NETWORK OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT WILL CIRCLE 1 NETWORK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.

  13. Jurisdictional Issues. We make no representation that materials on or in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  14. Fees and Payment; Renewal; Cancellation. THE TERMS OF THIS SECTION 14 APPLY TO REGULAR KIDSCOM.COM IDEA SEEKER PROGRAM SUBSCRIPTION ACCOUNTS BILLED BY OR ON BEHALF OF CIRCLE 1 NETWORK, LLC. OR ITS AUTHORIZED BILLING PROVIDER. IF YOU PURCHASED YOUR ACCESS TO THE SERVICE THROUGH, AND WERE BILLED FOR SUCH ACCESS BY, ANY THIRD-PARTY RESELLER OR RETAILER, AND/OR YOUR ACCOUNT PROVIDES YOU WITH ACCESS TO A CUSTOMIZED OR CO-BRANDED VERSION OF THE SERVICE WITH ONE OF OUR CO-BRANDING AFFILIATES, THEN TERMS RELATING TO FEES, PAYMENT, RENEWALS, CANCELLATIONS AND REFUNDS WILL BE GOVERNED BY THE APPLICABLE POLICIES OF SUCH RESPECTIVE RESELLER, RETAILER OR CO-BRANDING AFFILIATE.

  15. As the Primary Member, you agree to pay all charges relating to your Account, including applicable taxes, in accordance with billing terms set forth below. You must provide us with valid credit card information (Visa, MasterCard, Discover or American Express) throughout the time that the Account is open. We will charge the Primary Member's credit card either after the trial period expires, or on the date the Primary Member subscribes to the Service if no trial period is offered. Thereafter, we will automatically renew and charge the Primary Member's Account: (a) if you have a monthly subscription: each month for the following month's service; (b) if you have a quarterly subscription: upon every three month anniversary of the first billing date for the following three month period; and (c) if you have an annual subscription: upon every one year anniversary of the first billing date for the following year. In the event that your billing source cannot process the applicable subscription fee due to insufficient available credit or funds or for other reasons, we may at our discretion, divide the subscription fee into a series of incremental charges in order to process the total amount of the subscription fee. In addition, we will not be responsible for any fees, penalties, costs or expenses associated with insufficient funds, bounced checks or any other form of fee in connection with a charge of your subscription fee to a debit card.

  16. You may notify us that you wish to cancel your subscription at any time. If notice of termination is received during the first 14 days of the initial billing date, you will be refunded all subscription fees for the Service. If the notice of termination is received more than 14 days after the initial billing date, you will not receive a refund of the subscription fees. In that case, you will continue to have access to your subscription account and all member benefits until the initial subscription period ends.

  17. Termination; Survival. These terms are effective until terminated by either party. You may terminate these terms at any time by notifying us of your desire to Cancel and discontinuing use of the Service and destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Service may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Service and destroy all materials obtained from the Service and all copies thereof, whether made under the terms of this Agreement or otherwise. Upon any termination, Sections 8, 9, 14, 15, 16, 17, and 18, together with any accrued payment obligations and/or any other provision herein which by its nature extends beyond the termination of this Agreement, shall survive any expiration or termination of this Agreement.

  18. General Provisions. These terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the County and State of Milwaukee, Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

  19. Notice and Procedure For Making Claims Of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:
    Service Provider(s): Circle 1 Network, LLC.
    Name of Agent Designated to Receive Notification of Claimed Infringement: Jorian Clarke
    Full Address of Designated Agent to Which Notification Should be Sent: 131 Seeboth Street, Milwaukee, Wisconsin 53204
    Telephone Number of Designated Agent: 414-271-5437
    Facsimile Number of Designated Agent: 414-271-2728
    To be effective, the notification must be a written communication that includes the following:
    1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  20. Acceptance. By using and/or subscribing to the Service, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.

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