Terms-Of-Use

Terms of Use

Last Updated: July 7, 2017
About The Kids Foundation, 501 c3 (the “Foundation” or “ATKF Services”) and its affiliated divisions are pleased to make available to you their websites, software, applications, content, images, products, and services (“ATKF Services”), which may be branded About The Kids Foundation or one of its affiliated divisions brands, such as: AboutTheKids.Org, ATKF Services, CheckMyCustomer.com or .org, JoeyCannoli.com or Org, JoeParent.com or .Org, including other brands owned or licensed by About The Kids Foundation. These terms govern your use and our provision of the About The Kids Foundation, and affiliated divisions including ATKF Services websites on which these terms are posted, as well as About The Kids Foundation and affiliated divisions, including ATKF Services, websites we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the ATKF Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR CREATING AN ABOUT THE KIDS FOUNDATION OR ATKF SERVICES SOCIAL MEDIA ACCOUNT FOR USERS AND CUSTOMERS OF ABOUT THE KIDS FOUNDATION AND ITS AFFILIATED DIVISIONS INCLUDING ATKF SERVICES.
By clicking the “I Accept” button at the bottom of the page, I fully understand, accept, and agree with the following Terms of Use Agreement and Privacy Policy, policies, and terms and conditions.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
ABOUT THE KIDS FOUNDATION, 501 C3 NONPROFIT CALIFORNIA CORPORATION, RESPECTS ALL CALIFORNIA LAWS AND U.S. FEDERAL LAWS. ABOUT THE KIDS FOUNDATION REQUIRE THAT ALL ATKF SERVICES SOCIAL MEDIA ACCOUNT USERS AND CUSTOMERS PROVIDE ABOUT THE KIDS FOUNDATION, ATKF SERVICES AND ITS AFFILIATED DIVISIONS THEIR REAL NAME, INCLUDING FIRST AND LAST NAME, REAL EMAIL ADDRESS AND PHONE NUMBER, WHICH THEY OWN AND USE FOR PERSONAL OR WORK-RELATED PURPOSES. THE PHONE NUMBER CAN BE EITHER OR ALL: MOBILE NUMBER, HOME PHONE NUMBER OR WORK PHONE NUMBER.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 528.5 is added to the Penal Code, to read 528.5. (a.) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet website or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).
(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated. (c) For purposes of this section, “electronic means” shall include opening an email account or an account or profile on a social networking Internet website in another person’s name. (d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. (e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502. (f) This section shall not preclude prosecution under any other law.
SECTION 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Contract between You and About The Kids Foundation

This is a contract between you and About The Kids Foundation, a California nonprofit corporation located at PO Box 3775, Los Altos, California 94024, USA, and its affiliated divisions or between you and any other service provider identified for a particular ATKF Service website. You must read and agree to these terms before using the ATKF Services websites. If you do not agree, you may not use the ATKF Services. These terms describe the limited basis on which the ATKF Services websites are available, and supersede any prior agreements or arrangements.
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites have the right to ask About The Kids Foundation Social Media Account users and About The Kids Foundation Social Media Account customers to be respectful, polite, courteous and nice to anyone of our staff or volunteers who is trying to help answer a general or technical question, assist with a product order, product replacement, order status, password replacement, password reset, password change, provide support for About The Kids Foundation Social Media Account users, About The Kids Foundation Social Media Account customers’ information, contact information, or change of email address when calling into About The Kids Foundation corporate office or communicating through email.
By accepting the Terms of Use Agreements and its Privacy Policies when creating an About The Kids Foundation Social Media Account for users, About The Kids Foundation Social Media Account for customers, and downloading a FREE application or purchasing an application for any mobile device, PC, electronic device, digital television, automotive dashboard, purchasing ATKF services for online products, or ATKF Service for technical phone support, you agree to not post or write any negative reviews on any social media websites, or any online Internet websites, including Facebook, LinkedIn, Yelp, blog accounts, editorial website pages, and any online or print news media, bulletin boards but not limited to, about, or against About The Kids Foundation and its affiliated divisions, including ATKF Services, websites and any Executive Officer of About The Kids Foundation, ATKF contractor, ATKF vendor, ATKF employee, and ATKF volunteer.
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites can at any time request the removal of any posted or written negative review or reviews regarding
but not limited to About The Kids Foundation and its affiliated divisions, including ATKF Services, websites, content, product reviews, technical support, product shipments, etc.
Supplemental terms and conditions may apply to some About The Kids Foundation and its affiliated divisions, such as ATKF Services, websites, namely; rules for a particular competition, service or other activity, or terms that may accompany certain content, images, online product purchases, or software accessible through the About The Kids Foundation and its affiliated divisions, such as ATKF Services, websites. Supplemental terms and conditions will be disclosed to you in connection with such competition, service, or About The Kids Foundation users’ or customers’ Social Media Account activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the About The Kids Foundation and its affiliated divisions, such as ATKF Services, websites. If you do not agree to any changes to these terms, you must discontinue using your About The Kids Foundation social media account located on ATKF Services websites. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to About The Kids Foundation and its affiliated divisions, such as ATKF Services, websites), if you fail to comply with any provision of these terms.

About The Kids Foundation, and affiliated divisions, including ATKF Services, websites
About The Kids Foundation and affiliated divisions, including ATKF Services, websites are 
for your personal noncommercial use and are intended for informational product purchases and entertainment purposes only. They do not constitute legal, financial, professional, medical, or healthcare advice or diagnosis, and cannot be used for such purposes.
About The Kids Foundation and affiliated divisions, including ATKF Services, websites are 
our copyrighted property or the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress, and other intellectual property rights in the About The Kids Foundation and affiliated divisions, including ATKF Services, websites are owned by us or our licensors or licensees. Except if specifically agreed to in writing by us, no element of the About The Kids Foundation and affiliated divisions, including ATKF Services, websites may be used or exploited in any way other than as part of the About The Kids Foundation and affiliated divisions, including ATKF Services, websites offered to you. You may own the physical media on which elements of About The Kids Foundation and affiliated divisions, including ATKF Services, websites are delivered to you, but we retain full and complete ownership of About The Kids Foundation and affiliated divisions, including ATKF Services, websites. We do not transfer title to any portion of About The Kids Foundation and affiliated divisions, including ATKF Services, websites to you.

Content and Software License

If About The Kids Foundation and affiliated divisions, including ATKF Services, websites are configured to enable the use of software, content, images, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any About The Kids Foundation and affiliated divisions, including ATKF Services, websites. You may not decompile, reverse engineer, disassemble, or otherwise reduce, any About The Kids Foundation and affiliated divisions, including ATKF Services websites to a human-readable form. You may not remove identification, copyright or other proprietary notices, or access or use any About The Kids Foundation and affiliated divisions, including ATKF Services, websites in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any About The Kids Foundation and affiliated divisions, including ATKF Services, websites in violation of United States export control and economic sanctions requirements. By acquiring services, content, or software through the About The Kids Foundation and affiliated divisions, including ATKF Services, websites, you represent and warrant that your access to and use of the services, content, images or software will comply with those requirements.

Disclaimers and Limitation on Liability

ABOUT THE KIDS FOUNDATION AND ITS AFFILIATED DIVISIONS, INCLUDING ATKF SERVICES, WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to About The Kids Foundation and Affiliated Divisions, Including ATKF Services, Websites
About The Kids Foundation and affiliated divisions, including ATKF Services, websites are constantly evolving and will change over time. If we make a material change to About The Kids Foundation and affiliated divisions, including ATKF Services, websites, we will provide you with a reasonably timed notice, and you will be entitled to terminate this contract.
Additional restrictions on the use of About The Kids Foundation, and affiliated divisions, including ATKF Services, websites: we do not allow unauthorized uses of the About The Kids Foundation and its affiliated divisions, including ATKF Services, websites that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any About The Kids Foundation and its affiliated divisions, including ATKF Services, websites or connected network, or interfere with any person’s or entity’s use or enjoyment of About The Kids Foundation and affiliated divisions, including ATKF Services, websites. Additionally, you agree not to access, monitor, copy, or permit another person or entity to access, monitor, or copy, any element of About The Kids Foundation, and affiliated divisions, including ATKF Services, websites using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
The ATKF Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If you access About The Kids Foundation and affiliated divisions, including ATKF Services, websites using an Apple iOS, Android, or Microsoft Windows-powered device or Microsoft Xbox One, then Apple Inc., Google, Inc. or Microsoft Corporation respectively, shall be third-party beneficiaries to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of About The Kids Foundation, and affiliated divisions, including ATKF Services, websites.
You agree that your access to About The Kids Foundation and its affiliated divisions, including ATKF Services, websites using these devices shall also be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

Mobile Networks

When you access About The Kids Foundation, and affiliated divisions including ATKF Services, websites through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees will apply. Downloading, installing, or using certain About The Kids Foundation, and affiliated divisions including ATKF Services, websites may be prohibited or restricted by your network provider, and not all About The Kids Foundation, and affiliated divisions, including ATKF Services, websites may work with your network provider or device.

User-Generated Content

About The Kids Foundation, and affiliated divisions including ATKF Services, websites 
may allow you to communicate, submit, upload, or otherwise make available text, images, audio, video, competition entries, or other content (“User-Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload user-generated content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership of your user-generated content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such user-generated content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the About The Kids Foundation and affiliated divisions, including ATKF Services, websites and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your user-generated content conforms to these terms, and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your user-generated content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your user-generated content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the user-generated content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform user-generated content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review user-generated content or communications sent through About The Kids Foundation and affiliated divisions, including ATKF Services, websites at any time and for any reason, including to ensure that the user-generated content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Accounts
About The Kids Foundation, and affiliated divisions, including ATKF Services, websites require you to create an About The Kids Foundation Social Media Account for users and About The Kids Foundation Social Media Account for customers, to participate or to secure additional benefits. You agree to provide and maintain accurate, current, and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of About The Kids Foundation Social Media Accounts for users and About The Kids Foundation Social Media Accounts for customers who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the About The Kids Foundation and affiliated divisions, including ATKF Services, websites if you engage in, encourage, or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your About The Kids Foundation Social Media Accounts for users and About The Kids Foundation Social Media Accounts for customers username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your About The Kids Foundation Social Media Accounts for users and About The Kids Foundation Social Media Accounts for customers.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use, and modification.
Paid Transactions
Identity of Seller
Online sales and purchases that are made on About The Kids Foundation or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided, and they will assist you. Some storefronts on the About The Kids Foundation and affiliated divisions, including ATKF Services, websites are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

Digital Content

We may make and develop software applications, software images, generate images, manufacture replacement products from 3rd party manufactures, or other digital content available on About The Kids Foundation and affiliated divisions, including ATKF Services, websites for you to license for a one-time fee. When purchasing a license to access such material from a ATKF Service, charges will be disclosed to you on the ATKF Service before you complete the license purchase.
Subscriptions
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription for About The Kids Foundation and its affiliated divisions, including ATKF Services, websites. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

The Order Process

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method, and product details. We will send you a notice when we accept your order, and our acceptance will be deemed complete, and for all purposes, to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase, and the responsibility to insure them, passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment, but prior to delivery, we will refund your payment.

Payments and Billing

When you provide About The Kids Foundation and its affiliated divisions, including ATKF Services, websites payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

Right of Cancellation; Return of Goods

When you subscribe to About The Kids Foundation and its affiliated divisions, including ATKF Services, websites, you have the right to cancel your contract within seven (7) days after your receipt and acceptance of these terms, and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred.
When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you waive the right to cancel, and the license purchase fee is non-refundable.
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by About The Kids Foundation and its affiliated divisions, including ATKF Services, websites to be non-returnable, such as computer software, or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us, and we may deduct a reasonable amount if you used the goods.
If you wish to cancel, you must do so by following the cancellation instructions for the particular About The Kids Foundation and its affiliated divisions, including ATKF Services, websites.
Personalized Goods
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order, and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
Pricing; Taxes
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites may revise the pricing for products and services we offer. If you pay a periodic subscription fee for About The Kids Foundation and its affiliated divisions, including ATKF Services, websites paid subscriptions, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date, and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

International Shipping; Customs

When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

About The Kids Foundation and its affiliated divisions, including ATKF Services, websites
 Competitions
Competitions that you enter on About The Kids Foundation and its affiliated divisions, including ATKF Services, websites may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.

Entries

Your competition entry is user-generated content and subject to all provisions of these terms that govern your submission and our use of your user-generated content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid, or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes, or other programs is prohibited and all such entries (or votes) will be disqualified.

About The Kids Foundation and its affiliated divisions, including ATKF Services, websites reserve the right to modify, suspend, cancel or terminate a competition, or extend or resume the entry period, or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed that the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.

Eligibility

To enter a competition, on About The Kids Foundation and its affiliated divisions, including ATKF Services, websites you must be 1) a registered user or customer of About The Kids Foundation or ATKF Services, 2) have created an About The Kids Foundation Social Media account or an ATKF Services Social Media account 3) agreed to the About The Kids Foundation or ATKF Services Terms Of Use Agreements and Privacy Policies 4) have an active About The Kids Foundation Social Media account or ATKF Services Social Media account with your updated real name, real personal or work email address that you own, along with your current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent’s or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites Additional Provisions
Submissions and Unsolicited Ideas Policies
About The Kids Foundation and its affiliated divisions, including ATKF Services, websites long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
About The Kids Foundation

PO Box 3775

Los Altos, California 94024, USA
Phone: (408) 736-4266
Email: designated.agent@AboutTheKids.Org
We are only able to accept notices in the English language into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the ATKF Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to ATKF Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.

Binding Arbitration and Class Action Waiver

You and About The Kids Foundation agree to arbitrate all disputes between you and About The Kids Foundation or its affiliates, except disputes relating to the enforcement of About The Kids Foundation or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the ATKF Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and About The Kids Foundation empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or About The Kids Foundation must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to About The Kids Foundation, PO Box 3775, Los Altos, California 94024, USA, Attention: Legal Team /Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and About The Kids Foundation will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and About The Kids Foundation do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If the arbitrator finds the arbitration was frivolous or brought for an improper purpose, About The Kids Foundation will request reimbursement for all filing, AAA, and arbitrator’s fees and expenses. About The Kids Foundation will not waive any right to seek an award of attorney’s fees, and reimbursement for all expenses including, investigating, preparing, defending against your claim, expert witness fees, all travel related expenses associated with your claim in arbitration.
If you are a resident of the United States, arbitration will take place in California. For residents outside the United States, arbitration shall be initiated in the County of San Francisco, California, United States of America, and you and About The Kids Foundation agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor About The Kids Foundation will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these terms or the About The Kids Foundation and its affiliated divisions, including ATKF Services, websites that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the County of San Francisco, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

Severability

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.

Survival

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