This User Agreement ("Agreement") describes the terms and conditions under which MyKidsCloset.com offers a Member ("You") access to our services. If you have a question about these terms or our service that is not addressed in this document, please contact us by sending an email via our website.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS (the "Terms").
Acceptance of Terms:
By completing the sign-up process and checking the box indicating that you have read the User Agreement, You agree to these Terms. MyKidsCloset.com may amend these Terms from time to time. We will notify you of any material updates to these Terms. If you do not agree to the changes, you may simply discontinue your account. The amended Terms shall automatically be effective fourteen (14) days after they are initially posted on our site. Your continued use of our service will signify your acceptance of the updated Terms.
MyKidsCloset.com acts as a matching service for Users to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the classifieds.
Your information includes any information you provide to us or other Users during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items ("Your Information").
You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication. We may, however, take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You agree that Your Information and the items and services you list on MyKidsCloset.com:
Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and duties and for all hardware, software, service, and other costs you incur to trade, procure a classified ad from us, or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, for the purpose of offering our services.
Privacy/Opt-In email Communication
By registering with MyKidsCloset.com, you will receive online communications from MyKidsCloset.com. You can fully control your ability to receive or not receive the following communications.
System: You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the MyKidsCloset.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.
General Legal Terms:
Disclaimer of Warranties: Our service is provided "as is." We will try very hard to make your experience with MyKidsCloset.com a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, you agree that MyKidsCloset.com services are provided "as is." We cannot assume responsibility for the timeliness, deletion, missed delivery, or failure to store any User data, communications, or personalization settings.
WE AND OUR SUPPLIERS PROVIDE THE MyKidsCloset.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Suspension/Termination: We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, MyKidsCloset.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
Limit of liability: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
General compliance with laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, posting, purchase, and sale of items.
No agency: You and MyKidsCloset.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices: Except as explicitly stated otherwise, any notices shall be given via our website (in the case of MyKidsCloset.com) or to the email address you provide to MyKidsCloset.com during the sign-up process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyKidsCloset.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration: Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of a Canadian Arbitration Association selected at the discretion of MyKidsCloset.com. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in British Columbia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or MyKidsCloset.com may seek any interim or preliminary relief from a court of competent jurisdiction in British Columbia necessary to protect the rights or property of you or MyKidsCloset.com pending the completion of arbitration.
Choice of Law: This Agreement shall be governed in all respects by the laws of the Province of British Columbia as such laws are applied to agreements entered into and to be performed entirely within British Columbia between British Columbia residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
3. If you become a registered user of the Website or request information from MyKidsCloset.com, we will obtain personally identifiable information from you that may include, but is not limited to, your name, email address, zip code, and facts about your business. We do not knowingly collect personal information from children under the age of thirteen.
4. We may use your e-mail address to communicate with you. For example, we may want to inform you about content relevant to your interests, about new features and material on our site, to request your opinion on matters concerning the site, and to make you aware of highlights in our products or services. You can opt out of receiving these communications from us at any time by clicking the UNSUBSCRIBE link provided in each email we broadcast to our subscribers.
5. MyKidsCloset.com reserves the right to send registered users maintenance e-mails, including but not limited to, service confirmation, renewal/expire notice, and infrequent service alert messages, regardless of whether you have opted-in or opted out of any regular e-mail list that may be offered through the Website. The purpose of these maintenance email messages will be to inform users of the Website of specific changes that may impact their ability to use this Website.
How We Use The Information We Collect
6. When you visit the Website, MyKidsCloset.com automatically receives and records information on its server logs from your browser, including your IP Address, cookies information, and the page you request.
7. Site usage information helps us to evaluate how our visitors and registered users use and navigate the Website on an aggregate basis, including the number and frequency of visitors and registered users to each web page, and the length of their visits.
8. We may use information that we collect in the following ways:
Children Under 13
9. If you are a person under the age of 13, we do not want to receive any personal information about you - including, but not limited to, your name, address or email address. MyKidsCloset.com does not knowingly collect personally identifiable information from children under 13. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as reasonably possible.
11. MyKidsCloset.com does not control the privacy policies of our business partners, suppliers or other sites to which we provide hyperlinks.
12. MyKidsCloset.com uses "cookies" to identify return visitors. A "cookie" is a small file that we save on your computer's hard drive. It contains no personal information, like your name or e-mail address, but "remembers" that your computer has visited this site before. So if you leave the site and then return, cookies will be able to detect what questions you have already answered so that you do not have to start all over again. This technology may allow you to connect directly to password protected areas of our Website (bypassing login), save your password so you don't have to re-enter it each time you visit our site, and in the future, may be used to personalize your experience in visiting the Website. To accept cookies, go into your browser preferences and check that cookies are being accepted. You can also turn off the "cookie" function through most standard browsers though that may affect your use of this Website.
Email via http://www.entramarketing.com/support