1. Your Acceptance
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.www.amazing-kids-birthday-party-ideas.com/terms-of-use.html. Insightful Publishing Ltd. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Insightful Publishing Ltd. Websites
A. These Terms of Service apply to all users of the Insightful
Publishing Ltd. Website, including users who are also contributors of
content, information, and other materials or services on the Website.
Insightful Publishing Ltd. Websites includes all aspects of Insightful
Publishing Ltd., including but not limited to all products, software and
services offered via the website.
B. The Insightful Publishing Ltd. Website may contain links to third party websites that are not owned or controlled by Insightful Publishing Ltd. Insightful Publishing Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Insightful Publishing Ltd. will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Insightful Publishing Ltd.from any and all liability arising from your use of any third-party website.
3. General Use of the Website - Permissions and Restrictions
Insightful Publishing Ltd. hereby grants you permission to access and use the Websites as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Websites, including but not limited to User Submissions (defined below), without Insightful Publishing Limited's prior written authorization.
B. You agree not to alter or modify any part of the Websites.
C. You agree not to access User Submissions (defined below) or Insightful Publishing Ltd. content through any technology or means other than the Website itself or other explicitly authorized means Insightful Publishing Ltd. may designate.
D. You agree not to use the Websites for any commercial use, without the prior written authorization of Insightful Publishing Ltd. Prohibited commercial uses include any of the following actions taken without Insightful Publishing Limited's express approval:
- Sale of access to the Website or its related services on another website;
- Use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the Insightful Publishing Ltd. website or any third-party website, targeted to the content of specific User Submissions or Insightful Publishing Ltd. content;
- And any use of the Website or its related services that Insightful Publishing Ltd. finds, in its sole discretion, to use Insightful Publishing Ltd. resources or User Submissions with the effect of competing with or displacing the market for Insightful Publishing Ltd., Insightful Publishing Ltd. content, or its User Submissions.
E. Prohibited commercial uses do not include:
- Uploading content to Insightful Publishing Ltd., or maintaining original content on Insightful Publishing Ltd., to promote your business or artistic enterprise;
- Linking to Insightful Publishing Ltd. content, provided the primary purpose of linking to Insightful Publishing Ltd. is not to gain advertising revenue or compete with Insightful Publishing Ltd. ;
- Any use that Insightful Publishing Ltd. expressly authorizes in writing.
F. If you link to Insightful Publishing Ltd. content on your website, you must include a prominent link back to the Insightful Publishing Ltd. website on the pages containing the Insightful Publishing Ltd. content.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Insightful Publishing Ltd. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Insightful Publishing Ltd. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Insightful Publishing Ltd. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
I. Insightful Publishing Ltd. reserves the right to discontinue any aspect of the Insightful Publishing Ltd. Websites at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Insightful Publishing Ltd. Website.
A. The content on the Insightful Publishing Ltd. Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Insightful Publishing Ltd., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Insightful Publishing Ltd. reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
- For your information and personal use; and
- As intended through the normal functionality of the Insightful Publishing Ltd. Service. User Submissions are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Insightful Publishing Ltd. Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Insightful Publishing Ltd. Service or otherwise as prohibited under this Agreement.
D. You may access Insightful Publishing Ltd. Content, User Submissions and other content only as permitted under this Agreement. Insightful Publishing Ltd. reserves all rights not expressly granted in and to the Insightful Publishing Ltd. Content and the Insightful Publishing Ltd. Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Insightful Publishing Ltd. Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Insightful Publishing Ltd. Website or the Content therein.
G. You understand that when using the Insightful Publishing Ltd. Website, you may be exposed to User Submissions from a variety of sources, and that Insightful Publishing Ltd. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Insightful Publishing Ltd. with respect thereto, and agree to indemnify and hold Insightful Publishing Ltd., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Your User Submissions and Conduct
A. As a Insightful Publishing Ltd. account holder you may submit picture content ("User Pictures") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Insightful Publishing Ltd. does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Insightful Publishing Ltd. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Insightful Publishing Ltd., you hereby grant Insightful Publishing Ltd. a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Insightful Publishing Ltd. Website and Insightful Publishing Ltd.'s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Insightful Publishing Ltd. Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Insightful Publishing Ltd. Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Pictures terminate within a commercially reasonable time after you remove or delete your User Pictures from the Insightful Publishing Ltd. Service. You understand and agree, however, that Insightful Publishing Ltd. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Insightful Publishing Ltd. all of the license rights granted herein.
E. Insightful Publishing Ltd. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Insightful Publishing Ltd. expressly disclaims any and all liability in connection with User Submissions. Insightful Publishing Ltd. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Insightful Publishing Ltd. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Insightful Publishing Ltd. reserves the right to remove Content and User Submissions without prior notice.
6. Account Termination Policy
A. Insightful Publishing Ltd. will terminate a User's access to its
Website if, under appropriate circumstances, they are determined to be a
B. Insightful Publishing Ltd. reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Insightful Publishing Ltd. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service
provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Insightful Publishing Ltd.'s designated Copyright Agent to receive notifications of claimed infringement is: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to http://www.amazing-kids-birthday-party-ideas.com/contact.html. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Insightful Publishing Ltd. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Insightful Publishing Ltd.' sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AMAZING KIDS BIRTHDAY PARTY IDEAS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AMAZING KIDS BIRTHDAY PARTY IDEAS, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. AMAZING KIDS BIRTHDAY PARTY IDEAS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AMAZING KIDS BIRTHDAY PARTY IDEAS WEBSITE. AMAZING KIDS BIRTHDAY PARTY IDEAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AMAZING KIDS BIRTHDAY PARTY IDEAS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AMAZING KIDS BIRTHDAY PARTY IDEAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL AMAZING KIDS BIRTHDAY PARTY IDEAS, ITS OFFICERS, MEMBERS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AMAZING KIDS BIRTHDAY PARTY IDEAS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AMAZING KIDS BIRTHDAY PARTY IDEAS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Insightful Publishing Ltd., its officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Insightful Publishing Ltd. Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Insightful Publishing Ltd. Websites.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Insightful Publishing Ltd. Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Insightful Publishing Ltd. Websites.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Insightful Publishing Ltd. without restriction.
Insightful Publishing Ltd. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Insightful Publishing Ltd. Websites following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND AMAZING KIDS BIRTHDAY PARTY IDEAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AMAZING KIDS BIRTHDAY PARTY IDEAS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.