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THIS AGREEMENT ("AGREEMENT") IS A BINDING CONTRACT BETWEEN YOU ("USER"). USER AGREES TO BE BOUND BY THIS AGREEMENT. BEFORE YOU BECOME A MEMBER OF KIDZOLA.COM, YOU MUST READ AND ACCEPT ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.
USER ACKNOWLEDGES THAT USER IS GRANTED ACCESS TO KIDZOLA.COM IN CONSIDERATION OF AND ONLY UPON USER'S AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW.
USER ACKNOWLEDGES THAT USER IS EIGHTEEN YEARS OF AGE OR OLDER AND IS ABLE TO ENTER INTO A BINDING CONTRACT.
THE TERM "KIDZOLA" REFERS TO KIDZOLA, LLC AND ITS SUBSIDIARY AND PARENT COMPANIES, AFFILIATES, DIRECTORS, OFFICES, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS.
THE TERM "WEBSITE" REFERS TO THE KIDZOLA WEBSITE, WWW.KIDZOLA.COM.
THE TERM "BUYER" REFERS TO THE USER PURCHASING THE GOOD, PRODUCT, ITEM, OR SERVICE.
THE TERM "SELLER" REFERS TO THE USER LISTING THE GOOD, PRODUCT, ITEM, OR SERVICE FOR SALE.
I.LIMIATIONS AND OBLIGATIONS
User shall not directly or indirectly engage in or ta
ke or refrain from taking any action or inaction which may in any way lead to the unauthorized dissemination, reproduction, or use of the website by any third party, nor use the same for User's own commercial benefit.
User shall not copy, collect and/or duplicate or permit any other person or entity to copy, collect and/or duplicate any information from the website, including but not limited to personal, confidential, or proprietary information.
User shall not falsely claim business ownership, claim to represent a business, or make any false statements regarding a business connection.
Buyer shall not fail to deliver payments to Seller for items purchased by Buyer unless Seller has perpetrated a fraud or misrepresentation upon the Buyer or if Buyer is unable to contact Seller after due diligence or determine Seller's identity.
Seller shall not fail to deliver items purchased by Buyer, unless Buyer fails to remit payment or follow Seller's terms of pick up and/or delivery and/or methods of payment or if Seller is unable to contact Buyer after due diligence or determine Seller's identity.
Seller shall not take any action to alter or interfere with other Seller's listings.
User shall not provide or list false information or misleading information, or information that is unlawful, threatening, obscene, vulgar, defamatory, libelous, abusive, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute criminal activity or civil liability or otherwise violate any local, state, national or international law.
User shall not distribute viruses, bugs, or take any action that interferes with the function of website or post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works, without first obtaining the consent and authorization from the owner.
II.TERMINATION
Without limitations, Kidzola may at any time, limit, suspend, or terminate the User's membership with Kidzola.com. Kidzola may take technical and legal action to prevent User from accessing and using Kidzola.com. Kidzola is not required to provide notice to User if Kidzola determines to limit, suspend, or terminate User's membership.
III.OWNERSHIP AND LIMITATIONS ON USE
User acknowledges that Kidzola is a commercially valuable proprietary product, the design and development of which have involved the expenditure of substantial funds and which affords Kidzola a commercial advantage over its competitors. User understands that loss of this competitive advantage due to any unauthorized reproduction would cause substantial damage to Kidzola.
Except to the extent that a third party's materials or property are included in this website, all right, title, copyrights and interest in this website are the exclusive property of Kidzola.
User acknowledges that Kidzola embodies the selection, coordination, and arrangement by Kidzola of information from Buyers and Sellers. User agrees that in no event will its use of Kidzola hereinafter entail the reproduction or distribution of any of the material or information contained in this website. User shall treat Kidzola as proprietary information of Kidzola and shall comply fully with the Limitations and Obligations set forth above.
IV.WARRANTIES, DISCLAIMER, AND LIMIATION OF LIABILITY
EXCEPT AS EXPRESSLY STATED HEREIN, THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDZOLA IS NOT RESPONSIBLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
USER AGREES THAT USER IS RESPONSIBLE FOR DETERMINING THAT ALL INFORMATION PROVIDED BY KIDZOLA, BUYERS, OR SELLERS, IS ACCURATE. KIDZOLA SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR PART, BY ANY ERRORS OR OMISSIONS IN ANY TRANSACTION BETWEEN BUYER AND SELLER. USER AGREES THAT KIDZOLA IS NOT RESPONSIBLE FOR PROVIDING INFORMATION AS TO THE SAFETY, RELIABILITY, STANDARD, OR CONDITION OF ANY ITEM, GOOD, PRODUCT, OR SERVICE, LISTED ON THE WEBSITE. USER AGREES THAT KIDZOLA IS NOT RESPONSIBLE FOR NOTIFYING USER OF PRODUCT RECALLS OR SAFETY NOTIFICATIONS REGARDING ANY ITEM, GOOD, OR PRODUCT SOLD. USER ACKNOWLEDGES THAT KIDZOLA IS NOT RESPONSIBLE FOR ANY CRIMINAL ACTIVITY OR CIVIL LIABILITY ARISING FROM THE TRANSACTION BETWEEN BUYER AND SELLER, INCLUDING BUT NOT LIMITED TO THE TRANSFER OF THE ITEM, GOOD, PRODUCT, OR SERVICE.
User understands that Kidzola controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the website or controlled by the website. Kidzola neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the website, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Kidzola shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the website or your inability to access the Internet or any site linked to or from the website.
Please use your best judgment in evaluating all information contained or opinions expressed on the website. It is the policy of Kidzola not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. KIDZOLA PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE WEBSITE OR ANY SITE LINKED TO OR FROM THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL KIDZOLA BE LIABLE TO USER OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE WEBSITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE. THE CONTENT WITHIN THE WEBSITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE WEBSITE SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. KIDZOLA AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KIDZOLA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF THE WEBSITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE WEBSITE IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
V.INDEMNITY
You agree to indemnify and hold Kidzola from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the website or any Internet site linked to or from the website, or in connection with the transmission of any Content on the website.
VI.CHANGES
From time to time, Kidzola may, but shall have no obligation to, add new functions or features to the website or make new information services available to User. From time to time, Kidzola may amend any of the existing terms and conditions of this Agreement. Each time that User seeks online access to the website, Kidzola may require that User assent to this Agreement or to the then current version of this Agreement
VII.TERM AND EFFECT
This Agreement constitutes the complete understanding of the parties and supersedes any prior understanding or agreement, oral or written, relating to the website. No waiver of any provision shall be valid unless in writing and signed by all parties. This Agreement is effective upon acceptance by User by clicking YES at the end of this Agreement. This Agreement will terminate in accordance with Section II. above or when superseded by a subsequent Agreement between the parties.
VIII. FORCE MAJEURE
The schedule for manufacture, production, and distribution of the website may be altered due to the onset of war, strikes, accidents, fires, casualties, or other causes beyond the parties' control. If such causes or conditions delay performance under this Agreement, the time for performance will be continued for a period equivalent to the delay.
IX. CHOICE OF LAW AND SEVERABILITY
This Agreement shall be construed under the laws of the State of Ohio, U.S.A. in the jurisdiction of the Franklin County Courts, without giving effect to any choice of law rules that may require the application of laws of another jurisdiction. Should any provision of this Agreement be found to be void, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
XI. INTENDED BENEFICIARIES
Kidzola and User acknowledge that any third party licensors of all or any portion of the website are intended beneficiaries of certain provisions of this Agreement, including, without limitation, those which address the protection of proprietary rights in the website and the scope of use of the website. If Kidzola fails to enforce any provisions which relate to protection or use of the website, such third party licensors, in their own names and by a proper proceeding, may enforce such provisions against User.
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