Welcome to myKidzDay.com or mykidzday.com websites or the myKidzDay apps available on the iOS and on the android platform and all related services (the “Services”), operated by myKidzDay, LLC, a Florida limited liability company (“We” or “Us”). The Services enables visitors (“you” or “your”) to get information about your kid’s day at the Child Care Center you have selected.
2. INTELLECTUAL PROPERTY.
Unless otherwise indicated, all content displayed on the Services, including without limitation any names, email addreses, pictures, logos, images, information, data and text is the property of myKidzDay, LLC, and is protected by copyright, trademark, and the intellectual property laws.
Any names, email addresses, pictures, logos, images, information, data and text you or your child care provider submits into our services or app is considered “Content” and by submitting it to our Services, you are transferring ownership of the Content to myKidzDay, LLC, and subject to all the protections afforded by copyright, trademark, and the intellectual property laws. Such Content may be used by You only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Services, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Content to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of the Services’ content, for a noncommercial purpose, to a limited number of individuals, provided you use the phrase “Used with permission from myKidzDay, LLC.” All rights not expressly granted herein are hereby reserved.
We may transfer your personal information and Content between the Child Care Center and families for which the child care center provides childcare that you provide services to you. We will share access to Content with any other vendors or service providers who help myKidzDay provide the web and mobile services to its users.
If you believe in good faith that any Content infringes your copyright, you may send us a notice requesting that the material be removed though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to myKidzDay, LLC 20 Audubon Way, Sturbridge MA 01566.
3. DISCLAIMER OF WARRANTIES AND LIABILITY.
You agree that your access to, and use of, the Service and the content available on the Services is on an “as-is”, “as available” basis, with no warranty, express or implied, of any kind. Although it is Our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserves the right to remove any Content from the Service for any reason, without prior notice. We encourages you to maintain your own backup of your Content. In other words, We are not a backup service and You agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. Some of the Services may be experimental and not tested in any manner. We do not represent or warrant that any Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
Your use of the Services is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Services including, but not limited to, any damage to Your computer system or loss of data. We reserve the right to modify or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without liability to You.
All fees paid are non-refundable.
The Services includes facts, views, opinions and recommendations, and the Services does not necessarily endorse these views, opinions and recommendations. The Services specifically disclaims any representations or warranties, express or implied, as to the Services and the content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. The Services will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Services and its content. In no event will the Services be liable to you or anyone else for any decision made or action taken by you in reliance on any content appearing on the Services. The Services shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.
4. LINKS TO THIRD PARTY SITES.
The Services may contain hyperlinks to web sites operated by persons other than myKidzDay. You agree not to Us responsible for the content or operation of such web sites. A hyperlink from the Services to another web site does not imply or mean that the Services endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Services
5. ADDITIONAL LEGAL TERMS.
6. USER OBLIGATIONS.
You further agree not to use the Services to:
- upload, post, email, transmit or otherwise make available (“Post”) any content:- that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or goverened by HIPAA or similar privacy or security related federal or state laws, regulations or statutes;- that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or- that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, intentionally or unintentionally;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users.
You agree to be fully responsible for your own content. The Services acts as a venue for you to Post your content. While the Services has the right to refuse to post or remove, edit or abridge any content for any reason, it is otherwise not involved in the writing or decisions as to the content of its users. As a result, the Services has no control over the quality, accuracy or legality of the content on the Services. All content posted on the Services is the sole responsibility of the person from whom such content originated. Because the Services is a venue, in the event that you have a dispute with a user of the Services and its Service, you release the Services and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. PRIVACY AND USE OF INFORMATION.