These Terms of Use were last updated on Jan, 2017.
ACCEPTANCE OF TERMS OF USE
Socialkids, Inc. (“Socialkids” "we" or “us” or “our”) owns and operates the website, www.Socialkids.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and Socialkids’s services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, located at www.socialkids.com/privacy, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY SOCIALKIDS SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PASS, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
These Terms of Use are organized as follows:
1. About the Site
2. Ownership of the site
3. Use of the Site
4. Access to the Site
5. Modification
6. Your Account
7. Your Conduct
8. Your Privacy
9. Terms of Sale
10. Copyright and Trademarks
11. User Content
12. Unsolicited Ideas
13. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
14. Disclaimer of Warranty
15. Limitation of Liability
16. Electronic Communications
17. Websites of Others
18. Indemnification/Release
19. Force Majeure
20. Assignment
21. Entire Agreement
22. Dispute Resolution
1. About the Site
The Site is a platform through which certain merchants (“Merchants”) sell kids activity pass for goods, services or experiences (“Pass”) Merchants are the sellers and issuers of the Merchant Pass and are solely responsible to you for the care, quality, and delivery of the goods and services provided. In addition, the Site also provides a platform through which you can purchase products from Socialkids Pass (“Products”) and participate in other available programs. Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in Socialkids’s sole discretion, without notice.
2. Ownership of the site
The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants and other content providers. By using the Site and accepting these Terms of Use: (a) Socialkids grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by Socialkids; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of Socialkids.
3. Use of the Site
As a condition of your use of the Site, you agree that:
- You have reached the age of majority in the state or province in which you reside
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Cook County, Illinois; (ii) you and Socialkids irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Socialkids agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Socialkids agree to waive any right to a trial by jury.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 7 (“Your Conduct”) of the Terms of Use.
(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(f) Severability. With the exception of Section 22(b) above, if any part of this Section 22 is ruled to be unenforceable, then the balance of this Section 22 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 22(b) above is ruled to be unenforceable, then Section 22(a) shall be deemed unenforceable, but the rest of Section 22 shall remain in full effect.
You are contracting with Socialkids, Inc. Correspondence should be directed to: Socialkids, Inc., 5900 Wilshire blvd Los Angeles CA 90036;
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to and are for the benefit of Socialkids, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.