Kids Social Network Terms of Service
and
Limited Privacy Policy to Protect Kids

Welcome to the Kids Social Network!

1. What is your relationship with Kids Social Network, Inc. (hereinafter referred to as “Kids Social Network”)? Note, Kids Social Network is a subsidiary (affiliate) of Kids ISP, Inc.

1.1 The term “you” or “your” means collectively the parent and/or guardian, and the minor child or children that sign up for the services of Kids Social Network.

1.2 Your use of any of Kids Social Network Inc.’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Kids Social Network Inc. under a separate written agreement) is subject to the terms of a legal agreement between you and Kids Social Network Inc. “Kids Social Network” means Kids Social Network Inc., whose principal place of business is in McAllen, Texas. This document explains how the agreement is made up, and sets out the terms of that agreement.

1.3 Unless otherwise agreed in writing with Kids Social Network, your agreement with Kids Social Network will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.4 Your agreement with Kids Social Network will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.5 The Universal Terms, together with the Additional Terms, and the Limited Privacy Policy form a legally binding agreement between you and Kids Social Network in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms” and sometimes referred to as “Terms and/or Limited Privacy Policy”.

1.6 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

1.7 Your agreement with Kids Social Network includes the Terms of Service and the Limited Privacy Policy to Protect Kids which includes the Big Brother Governmental Portal described below in the Limited Privacy Policy in paragraph 23.1.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms and Limited Privacy Policy which includes the Big Brother Governmental Portal described below in the Limited Privacy Policy in paragraph 23.1. You may not use the Services if you do not accept the Terms and Limited Privacy Policy.

2.2 You can accept the Terms and Limited Privacy Policy by:

(A) clicking to accept or agree to the Terms and Limited Privacy Policy, where this option is made available to you by Kids Social Network in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Kids Social Network will treat your use of the Services as acceptance of the Terms and Limited Privacy Policy from that point onwards.

2.3 You may not use the Services and may not accept the Terms and Limited Privacy Policy if (a) you are not of legal age to form a binding contract with Kids Social Network, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms and Limited Privacy Policy for your records.

3. Provision of the Services by Kids Social Network

3.1 Kids Social Network is constantly innovating and changing in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which provides Kids Social Network may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that Kids Social Network may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Kids Social Network’s sole discretion, without prior notice to you. You may stop using the Services at any time. However you do need to specifically inform Kids Social Network that you no longer desire to use the Services.

3.3 You acknowledge and agree that if Kids Social Network disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while Kids Social Network may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Kids Social Network at any time, at Kids Social Network’s discretion.

4. Lock Down Browser Content

4.1 You acknowledge and agree that the Lock Down Browser is designed to keep offensive content off of Kids Social Network.

4.2. You acknowledge and agree that the Lock Down Browser is not 100% proof.

4.3 As part of a continuing effort Kids Social Network will work to keep offensive content off of Kids Social Network.

4.4 You acknowledge and agree with the use of the Big Brother feature on the Lock Down Browser along will everywhere else on Kids Social Network or any of its affiliates.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Kids Social Network, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Moreover, you agree that any registration information you give to Kids Social Network will always be truthful, accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Kids Social Network, unless you have been specifically allowed to do so in a separate agreement with Kids Social Network. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.  You specifically agree, represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Kids Social Network in its sole discretion deems offensive.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with Kids Social Network, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Kids Social Network has no responsibility to you or to any third party for) any breach of your obligations under the Terms, and for the consequences (including any loss or damage which Kids Social Network may suffer) of any such breach.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Kids Social Network for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Kids Social Network immediately.

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Kids Social Network (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been given specific written consent by the owners of that Content, in a separate agreement.

7.3 Kids Social Network reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Kids Social Network does provide tools to remove explicit sexual or inappropriate content.

7.4 You agree that you are solely responsible for (and that Kids Social Network has no responsibility to you or to any third party, including your child) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Kids Social Network may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that Kids Social Network (or Kids Social Network’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Kids Social Network and that you shall not disclose such information without Kids Social Network’s prior written consent.

8.2 Unless you have agreed otherwise in writing with Kids Social Network, nothing in the Terms gives you a right to use any of Kids Social Network’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Kids Social Network, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.

8.4 Other than the limited license set forth in Section 10, Kids Social Network acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Kids Social Network, you agree that you are responsible for protecting and enforcing those rights and that Kids Social Network has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by Kids Social Network, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8.7 You agree that this Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Kids Social Network’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Kids Social Network will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

9. License from Kids Social Network

9.1a) Kids Social Network gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Kids Social Network as part of the Services as provided to you by Kids Social Network (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kids Social Network, in the manner permitted by the Terms.

9.1b) When you pay for access, Kids Social Network grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site in accordance with the requirements and restrictions of these Terms of Use.  Social Network may change, suspend, or discontinue any aspect of the Site at any time, including but not limited to paid access. Kids Social Network may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site, including but not limited to paid access.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Kids Social Network, in writing.

9.3 Unless Kids Social Network has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

9.4 You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

10. Content license from you

10.1 A friendly reminder:  Again, the term “you” or “your” means collectively the parent and/or guardian, and the minor child or children that sign up for the services of Kids Social Network.

10.2 You retain a copyright and any other rights you already hold in Content which you submit, post or display on and/or through, the Services. By submitting, posting and/or displaying the content you give Kids Social Network a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Kids Social Network to display, distribute and promote the Services and may be revoked at any time for any reason at the discretion of Kids Social Network.

10.3 You agree that this license includes a right for Kids Social Network to make such Content available to other companies, organizations or individuals with whom Kids Social Network has a business relationship, and to use such Content in connection with the provision of those services.

10.4 You understand that Kids Social Network, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Kids Social Network to take these actions.

10.5 You confirm and warrant to Kids Social Network that you have all the rights, power and authority necessary to grant the above license.

11. Software updates

11.1 The Software which you use may automatically download and install updates from time to time from Kids Social Network. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Kids Social Network to deliver these to you) as part of your use of the Services.

12. Ending your relationship with Kids Social Network

12.1 The Terms will continue to apply until terminated by either you or Kids Social Network as set out below.

12.2 If you want to terminate your legal agreement with Kids Social Network, you may do so by (a) notifying Kids Social Network at any time and (b) closing your accounts for all of the Services which you use, where Kids Social Network has made this option available to you. Your notice should be sent, in writing, to Kids Social Network’s address which is set out at the beginning of these Terms.

12.3 Kids Social Network may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Kids Social Network is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Kids Social Network offered the Services to you has terminated its relationship with Kids Social Network or ceased to offer the Services to you; or

(D) Kids Social Network is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Kids Social Network is, in Kids Social Network’s opinion, no longer commercially viable.

12.4 Nothing in this Section shall affect Kids Social Network’s rights regarding provisions of Services under Section 4 of the Terms..

12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Kids Social Network have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13. EXCLUSION OF WARRANTIES

13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT KIDS SOCIAL NETWORK’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

13.3 IN PARTICULAR, KIDS SOCIAL NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIDS SOCIAL NETWORK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.6 KIDS SOCIAL NETWORK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIDS SOCIAL NETWORK, IT’S AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;;

(II) ANY CHANGES WHICH KIDS SOCIAL NETWORK MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE KIDS SOCIAL NETWORK WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

14.2 THE LIMITATIONS ON KIDS SOCIAL NETWORK’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT KIDS SOCIAL NETWORK HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING..

15. Copyright and trade mark policies

15.1 It is Kids Social Network’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

15.2 Kids Social Network will address trade mark complaints by written correspondence from the above contact address.

16. Advertisements

16.1 Some of the Services are or in the future will be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

16.2 The manner, mode and extent of advertising by Kids Social Network on the Services are subject to change without specific notice to you.

16.3 In consideration for Kids Social Network granting you access to and use of the Services, you agree that Kids Social Network may place such advertising on the Services.

17. Other content

17.1 The Services may include hyperlinks to other web sites or content or resources. Kids Social Network may have no control over any web sites or resources which are provided by companies or persons other than Kids Social Network.

17.2 You acknowledge and agree that Kids Social Network is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3 You acknowledge and agree that Kids Social Network is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. Changes to the Terms and/or Limited Privacy Policy

18.1 Kids Social Network may make changes to the Universal Terms or Additional Terms, and Limited Privacy Policy from time to time. When these changes are made, Kids Social Network may create a copy of the added Universal Terms and the amended Limited Privacy Policy available at http://www.kidssocialnetwork.com and any new Additional Terms or amended Limited Privacy Policy will be made available to you from within, or through, the affected Services.

18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms or the Limited Privacy Policy have changed, Kids Social Network will treat your use as acceptance of the updated Universal Terms or Additional Terms or Limited Privacy Policy.

19. General legal terms

19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

19.2 The Terms and Limited Privacy Policy constitute the whole legal agreement between you and Kids Social Network and govern your use of the Services (but excluding any services which Kids Social Network may provide to you under a separate written agreement), and completely replace any prior agreements between you and Kids Social Network in relation to the Services.

19.3 You agree that Kids Social Network may provide you with notices, including those regarding changes to the Terms or Limited Privacy Policy, by email, regular mail, or postings on the Services.

19.4 You agree that if Kids Social Network does not exercise or enforce any legal right or remedy which is contained in the Terms or Limited Privacy Policy (or which Kids Social Network has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kids Social Network’s rights and that those rights or remedies will still be available to Kids Social Network.

19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms or Limited Privacy Policy is invalid, then that provision will be removed from the Terms or Limited Privacy Policy without affecting the rest of the Terms or Limited Privacy Policy. The remaining provisions of the Terms or Limited Privacy Policy will continue to be valid and enforceable.

19.6 You acknowledge and agree that each affiliates, licensors, or an entity of which Kids Social Network has a legal relationship shall be third party beneficiaries to the Terms and Limited Privacy Policy, and that such other entities shall be entitled to directly enforce, and rely upon, any provision of the Terms and Limited Privacy Policy which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms or Limited Privacy Policy.

19.7 By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Kids Social Network makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

19.8 The Terms and Limited Privacy Policy, and your relationship with Kids Social Network under the Terms and Limited Privacy Policy, shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Kids Social Network agree to submit to the exclusive jurisdiction of the courts located within the counties of Hidalgo, Bexar or Harris (of whichever county that Kids Social Network chooses), Texas to resolve any legal matter arising from the Terms or Limited Privacy Policy. Notwithstanding this, you agree that Kids Social Network shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

20. Indemnification

20.1 You agree to defend, indemnify, and hold Kids Social Network, and other affiliated entities, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree that you shall cooperate with us in asserting any available defenses.

21. Payments, Transaction Fees, Refunds and Cancellation Policy

21.1 If you have Paid access to Kids Social Network you agree that you shall pay all fees or charges to your account based on Kids Social Network’s fees, charges, and billing terms in effect as shown under My Account at www.kidssocialnetwork.com. NOTE, YOU AGREE TO PAY ANY ADDITIONAL CREDIT CARD TRANSACTION FEES charged to your paid membership. Moreover, you are responsible for paying any taxes that may apply. If you do not pay on time or if Kids Social Network cannot charge your credit card, PayPal or other payment method for any reason, Kids Social Network reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, you agree that you will not receive any refund.

21.2 By using the Site and/or the Services, you consent to receiving electronic communications from Kids Social Network. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. Integration and Severability

22.1 This constitutes the entire agreement between Kids Social Network and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

23. Kids Social Network’s Limited Privacy Policy, the Big Brother Portal, and your Personal Information

23.1 You agree and understand that the Limited Privacy Policy encompasses paragraphs 23 through 29, and is part of the agreement that encompasses paragraphs 1 though 29.  Another friendly reminder:  Again, the term “you” or “your” means collectively the parent and/or guardian, and the minor child or children that sign up for the services of Kids Social Network.

23.2 This Privacy Policy applies to all of the products, services and websites offered by Kids Social Network.

23.3 Why is this a Limited Privacy Policy? A benefit of our paid account is the Big Brother feature. Not only are you, as a parent, protecting and monitoring your child so is their “Big Brother” or in other words, the law enforcement. Law enforcement has a special account to login and monitor the online behavior on our site to keep your children safe and secure.Thus, we refer to this feature as the Big Brother government portal. Our Big Brothers will be looking after your children to assure that they are protected online.

Note, this is the Only limitation of privacy that is allowed by Kids Social Network; moreover, such Big Brother feature is very important to keep child predators’ and others with criminal intentions off of Kids Social Network.

If you have any questions about this Privacy Policy, please feel free to contact us through our website at www.kidssocialnetwork.com.

23.4 Information we collect and its use.

We may collect the following types of information:

Information you provide – When you sign up for a Kids Social Network account, we ask you for personal information. We may combine the information you submit under your account with information from other Kids Social Network services or third parties in order to provide you with a better experience and to improve the quality of our services.  Your administrator will have access to your account information including but not limited to your email.  Consult your domain administrator’s privacy policy for more information.

Cookies – When you visit Kids Social Network, we send one or more “cookies” to your computer or other device. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how people search. Kids Social Network may also use cookies in its advertising services to help advertisers and publishers serve and manage ads across the web and on Kids Social Network services.

Log information – When you access Kids Social Network services via a browser, application or other client our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.

User communications – When you send email or other communications to Kids Social Network, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. When you send and receive SMS messages to or from one of our services that provides SMS functionality, we may collect and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction. We may use your email address to communicate with you about our services.

Affiliated Kids Social Network Services on other sites – IF we offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent to Kids Social Network in order to deliver the service. We process such information under this Privacy Policy.

Third Party Applications – Kids Social Network may make available third party applications, such as gadgets or extensions, through its services. The information collected by Kids Social Network when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their privacy policies.

Location data – If Kids Social Network ever is to offer location-enabled services, Kids Social Network may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).

Unique application number – Certain services include a unique application number that is not associated with your account or you. This number and information about your installation (e.g., operating system type, version number) may be sent to Kids Social Network when you install or uninstall that service or when that service periodically contacts our servers (for example, to request automatic updates to the software).

Other sites – This Privacy Policy applies to Kids Social Network services only. We do not exercise control over the sites displayed as search results, sites that include Kids Social Network applications, products or services, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

In addition to the above, we may use the information we collect to:

• Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and

• Protect the rights or property of Kids Social Network or our users.

If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

23.5 Kids Social Network processes personal information on our servers in the United States of America and at a later date may do so in other countries.

24. Information sharing

24.1 Kids Social Network only shares personal information with other companies or individuals outside of Kids Social Network in the following limited circumstances:

• We have your consent;

• We provide such information to our affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures; or

• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Kids Social Network, its users or the public as required or permitted by law.

If Kids Social Network becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

25. Information security

25.1 We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

25.2 We restrict access of personal information to Kids Social Network employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, and criminal and civil prosecution, if they fail to meet these obligations.

26. Accessing and updating personal information

26.1 When you use Kids Social Network services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in backup systems.

27. Enforcement and Review

27.1 Kids Social Network regularly reviews its compliance with this Limited Privacy Policy. When we receive formal written complaints, it is Kids Social Network’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Kids Social Network and an individual.

28. Changes to this Privacy Policy

28.1 Please note that this Limited Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Limited Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Limited Privacy Policy changes). We will also keep prior versions of this Limited Privacy Policy in an archive for your review.

29. Your Agreement with Kids Social Network’s Limited Privacy Policy

29.1 You agree to the use of your data in accordance with Kids Social Network’s limited privacy policies.

29.1 You have read, understood and agree with the Limited Privacy Policy, including all of the Terms of Service.