We consider all information obtained by using Kl websites to be a private communication between KI, program providers and parents. All communications to parents and care givers are handled via the parent’s email address. In order to create an account with KI, parents are required to validate their email address and will then only have visibility to information shared to that specific email address. We will not collect any personal information about adults or children except when specifically and knowingly provided by them to KI and/or to program providers. Personal information gathered on our websites is collected and used only by KI.
Use of information
Information collected by KI is used internally by our authorized employees for the following purposes:
We hope that you, our customers, will want to provide information about yourself to KI because it will make your experience on our sites more valuable. If you are comfortable sharing some basic information, you will receive enhanced services that are impossible to offer to anonymous users. Examples of such services may include e-mail notices of special and discount items, e-newsletters, and special mailings. On occasion, KI may also share non-personal, summary information regarding our customers with unrelated third parties (for example, we may publicly disclose the aggregate number of registered users of our web site). However, we will not share any personal information about any particular customer with any third parties.
If you do not want to receive e-mail or other mail from us or if you wish to check your information, please e-mail us at firstname.lastname@example.org.
Kindermusik displays retargeted ads to our site prospects across the Internet. We collect Non-Personally Identifiable Information about your visits to our website, and your interaction with our products and services. The anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major web sites. No Personally Identifiable Information is collected during this process. If you do not want Kindermusik to collect this information, you may opt out of their service. Opting out will not affect your use of our site.
Kindermusik protects your information during transmission by using Secure Sockets Layer (SSL) software which encrypts personal credit information that you input on our site. The information you input is encrypted before it is transmitted over the Internet. SSL technology is the industry standard for secure online transactions. We reveal only the last four digits of your credit card numbers when confirming an order; however, the entire credit card number is securely transferred to the appropriate credit card company for processing. If a credit card number needs to be stored on our systems (including payment plans and deferred payment), Kindermusik uses strong encryption methods to store your information. This information is removed once it is no longer needed.
We will never request your password, user name, credit card information or other personal information through e-mail. This practice, called “phishing”, is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond and call KI directly.
2. USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on KI Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the KI Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any KI Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the KI Site, except that where a KI Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of KI Sites is prohibited.
NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on KI Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
To the extent that any Submissions you Distribute on or through KI Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through KI Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some services on the KI Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any KI Site. In addition, you agree to exit from your account at the end of each session.
6. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of any KI Site that offers the opportunity for users to Distribute Submissions for viewing by one or more KI Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any KI Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
7. RULES OF CONDUCT
The following Rules of Conduct apply to the KI Sites. By using the KI Sites, you agree that you will not Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any non-KI products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the KI Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the KI Sites; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
8. COOPERATION; REMOVAL OF SUBMISSIONS
9. CONTENT ACCESSIBLE THROUGH LINKS FROM KI SITES AND SEARCH RESULTS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO KI SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY KI SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY KI SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
KI Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
12. LIMITATION OF LIABILITY
13. JURISDICTIONAL AND VENUE ISSUES
15. GENERAL PROVISIONS
16. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent: Service Provider: KI Title of Agent Designated to Receive Notification of Claimed Infringement: Chief Financial Officer Full Address of Designated Agent to Which Notification Should be Sent: 203 S. Church St., Greensboro, NC 27401 Telephone Number of Designated Agent: (336) 273-3363 Facsimile Number of Designated Agent: (336) 273-4143 E-Mail Address of Designated Agent: firstname.lastname@example.org 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, if 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 us to locate the material;
4. Information reasonably sufficient to permit us 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; and
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.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any KI Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
7. Your physical or electronic signature;
8. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
9. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
10. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which KI may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.