Terms and Conditions of Use

 

 

 

 

 

 

 

1. ACCEPTANCE OF TERMS

Welcome to klme.org (the “Site”), a web site provided to you by Kids Love Mother Earth, a non-profit organization registered in the State of Florida, in the United States (“KLME”). These Terms and Conditions of Service (“Terms and Conditions”), as updated by KLME from time to time, govern your use of the Site. You should carefully read the Terms and Conditions before using the Site.  By using the Site, you agree to be bound by the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the Site.

2.  ABOUT USE OF THE SITE

You agree to use the Site in accordance with these Terms and Conditions, only for lawful purposes and in a way, which does not infringe the rights of anyone or restrict or inhibit anyone's use and enjoyment of the Site. If you don't comply with these terms, we may deny you access to the Site. You may download and print content from the Site only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans or other contaminating codes.  You may not use the Site to send by email, post or otherwise submit or transmit any material that infringes any third party's rights, or is unlawful, threatening, offensive, libelous, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.

You will not reproduce, distribute, modify or re-post our content on another site, frame or mirror the Site or link to the Site without our prior written consent.  By submitting to us any ideas, suggestions, graphics, images or any other material, you represent that all rights in same (if any) are owned by you and you assign all rights in any such materials to us. To the extent you cannot assign such rights due to any public law restriction, you hereby grant us an exclusive, perpetual, irrevocable, fully sublicenseable, royalty-free, worldwide license to exercise all such rights. To the extent you cannot license such rights, you hereby irrevocably waive such rights with respect to us and all of our sublicenses.  We will be free to use any comments, stories, suggestions, concepts, know-how, content, text, images or other material contained in your communications with us for any purpose whatsoever, as we see fit, to the fullest extent permitted by law.  This includes using (including publishing, exploiting and modifying) any of these materials for promotional, marketing or other commercial purposes. Under no circumstances will you be entitled to any payment if we use any of your submitted materials for any purpose.

You can subscribe to receive information and other updates on Kids Love Mother Earth. To subscribe, just enter your email address in the Contact Us section of the site. To unsubscribe, send an email to web@klme.org with the word "unsubscribe" in the subject field.

3.  ABOUT ACCESS TO OUR SITE

We try to update the Site regularly, so we may have to suspend access, service or functionality on this site, from time to time, without notice. If required, we may have to close the Site indefinitely. We will not be liable if, for any reason, the Site is unavailable at any time or for any period of time.

As information or data transmitted to or from the Site passes over public telecommunications networks, we can't promise that the operation of the Site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the Site including tampering with, or hacking into, the site or the servers on which it resides.

4.  ABOUT CONTENT ON THE SITE

We own, or are the licensee of, the intellectual property rights in the content of the Site, including text, photos, graphic designs, images, audio, video recordings and any data entered or submitted by you.  KLME and KLME's logo are trademarks owned by us, a company registered in the State of Florida, in the United States of America.  The Site may contain links to third party sites and resources. We have no control over the contents of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.

5.  ABOUT YOUR PRIVACY

KLME is committed to protecting the privacy of our users, government and non-government organization partners.  In that regard, KLME will not sell, trade or provide any information from the KLME database, including personal contact information to companies, solicitors or other third parties for any reason.  We may disclose information we have collected from and about you (including personal information) only if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to enforce our terms and conditions or privacy policy; or (c) to protect and defend the rights or property of us, you, or any third parties.

This Privacy Notice can change in the future and the use of information that we gather now is subject to the Privacy Notice at the time of use.  If you have any concern about privacy at KLME please send us a thorough description.  We advise you to come back to the Site frequently to see recent changes.

6. DISCLAIMER OF WARRANTIES

INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KLME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  KLME MAKES NO WARRANTY THAT THE SITE OR SERVICES REFERENCED IN THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

7.  EXCLUSIONS AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KLME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF KLME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, (iii) YOUR RELIANCE ON ANY OF THE SERVICES LINKED TO THE SITE; (iv) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (v) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.  IN NO EVENT SHALL KLME'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE EXCEED $50.

8.  CONDUCT ON THE SITE

You are responsible for all Content that you upload, submit, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting KLME’s and third parties' rights with respect to Content that appears on the Site and not to download email or otherwise transmit such Content in violation of KLME's and third parties' rights. You agree not to use the Site to:

• Submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity.
• Submit, upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive.
• Impersonate another person or entity, including without limitation, a representative of KLME or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or Services.
• Submit, upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, or any other potentially objectionable form of unsolicited communication.
• Use the Site or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
• Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
• Directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect KLME, you or any third party.
• Submit, upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
• Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
• Use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers.

9.  LINKS

The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by KLME with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and KLME is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. KLME MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

10.  INDEMNITY

You agree to hold harmless and indemnify KLME and its affiliates, officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site including, without limitation (a) any Content thereon, and (b) any use of the Site that violates the Terms and Conditions.

11.  COPYRIGHT INFORMATION

The contents in the Site are owned by KLME and third parties and are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Site, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of KLME and/or the third parties whose content is reproduced on the Site with their permission. Nothing herein shall be construed as conferring by implication, estoppels, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of KLME, or third parties.
KLME reserves the right to terminate your use of the Services in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), KLME's designated agent for notice of alleged copyright infringement in connection with the Site is:
Esther Sampedro
e.sampedro@klme.org
To file a notice of infringement with KLME, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright/.

13. JURISDICTIONS AND VENUE

You and KLME agree that this Agreement and the relationship between you and KLME will be governed by the laws of the State of Florida, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and KLME will rest exclusively in the courts of Miami, Florida and the federal court for the Southern District of Florida.

14.  NOTICE OF CHANGES

KLME may change the Terms and Conditions from time-to-time. If such a change is made, KLME will post the revised Terms and Conditions on the Site.  You understand and agree that KLME may from time to time establish and revise practices and limitations concerning your use of the Site.

15.  GENERAL PRACTICES REGARDING STORAGE

You agree that KLME shall have no liability for the deletion or failure to store or display any messages and other communications or other Content submitted for posting, maintained on the Site or transmitted using the Site.

16.  TERMINATION OF REGISTRATION

KLME may add to, change, delete or terminate your use of the Site at any time for any reason without notice to you. KLME shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

17.  MISCELLANEOUS

The Terms and Conditions constitute the entire agreement between you and KLME and govern your use of the Site. There is no agency, partnership, joint venture or employee-employer relationship between you and KLME. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of KLME to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, or the Terms and Conditions must be filed within one year after such claim or cause of action arose.