Last Modified:  10/18/2013

1. INTRODUCTION

Welcome to Pixelkin.org (the “Site”), developed and maintained by Parental Planet  LLC.  For purposes of these Terms of Service, the Site includes any Content (defined below) or communication found on Pixelkin.org, transmitted from an email or text identifying Pixelkin.org or its agents or employees as a correspondent, and any Content posted on third party web sites and social media platforms, such as Facebook and Twitter.  Please note that while the Site is owned and operated by Parental Planet LLC, the services provided on the Site may be performed by entities affiliated with or under contract to Pixelkin.org.  Pixelkin.org and any and all such affiliated or contracted entities may be referred to herein as “we,” “us” or “our.”

PLEASE READ THESE TERMS OF SERVICE (“Terms of Service”) CAREFULLY BEFORE USING THIS SITE.

By using this Site you are agreeing to these Terms of Service, as well as any other policies referred to herein, including, but not limited to, our Privacy Policy, and our Community Guidelines (together the “Terms”).  These Terms reflect our values of transparency, cooperation, and privacy.  In these Terms, we ask that you:

  • Take steps to protect the security of your account (if you have one)
  • Be a responsible and positive member of the community
  • Know your rights and the responsibilities you have with respect to the your data and what you allow us to do with it
  • Handle disputes and other problems according to the Terms of Service

From time to time, we may amend or revise these Terms of Service at our discretion.  You should regularly check and review them.  However, we will notify registered members of any changes to the Terms of Service. Your continued use of the Site after any such changes are made means you agree to such changes.

2. SERVICE

A.     These Terms of Service apply to all users of the Site, including registered members (if applicable) and anyone who contributes Content to the Site.  “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, trademarks, service marks and logos (“Marks”) and other materials you may access through, or contribute to the Site.  The Site includes all aspects of Pixelkin.org, including but not limited to all products, software and services offered via the Site.

B.  The Site may contain links to third party websites that we do not own or control.  We assume no responsibility for the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve us from any and all liability arising from your use of any third party website.

3. ACCOUNT

A. In order to access some features of the Site, you may have to create a member account with us.

B. You must be age 13 or over to set up an account, and minors under age 18 may only set up an account with verified consent of a parent or legal guardian.

C. You may never use another’s account without permission.

D. When creating your account, you must provide accurate and complete information.

E. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

F. You must promptly notify us of any unauthorized use of your account.

G. We will not be liable for any damages or harm caused by unauthorized use of your account arising from your negligence; however you may be liable for damages or harm to others arising from such unauthorized use.

4. GENERAL USE OF THE SITE

The Content provided through the Site is intended to educate, engage and inform you.  The Content, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws.  We hereby grant you permission to access and use the Site as set forth in these Terms of Service, provided that:

A.     You agree not to distribute in any medium any part of the Site or its Content without our prior written authorization.

B.     You agree not to alter or modify any part of the Site.

C.     You agree not to access Content through any technology or means other than the functionality of the Site itself or other explicitly authorized means we may designate.

D.     You agree not to use the Site for any commercial purpose without our approval.

F.     You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends automated requests to our servers.

G.     You agree not to impose an unreasonable or disproportionately large load on the Site’s infrastructure.

H.     You agree not to employ any data-mining or data-extraction tools.

I.      In your use of the Site, you will comply with all applicable laws, rules and regulations in any jurisdiction.

5. YOUR USE OF CONTENT

The following restrictions and conditions apply specifically to your use of Content.

A.     The Content on the Site, including the Marks on the Site, is owned by or licensed to us, or owned by third parties, subject to copyright and other intellectual property rights under the law.

B.     Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed on the Site for that Content.

C.     You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

6. YOUR CONTENT AND CONDUCT

A.     As an account holder you may submit Content to the Site, including text, photos, videos and comments.

B.     We do not guarantee any confidentiality with respect to any Content you submit.

C.     You shall be solely responsible for Content you submit and the consequences of submitting and publishing Content on the Site.

D.     You represent that you own all intellectual property rights in and to Content you submit to the Site.

E.     By submitting Content to the Site, you hereby grant Pixelkin.org a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, decompile, reverse engineer, data process, display, perform, and otherwise exercise all rights in and to the Content, including, without limitation, for marketing and advertising purposes, in any media formats and through any media channels now known or hereinafter invented.

F.     Your Content is not proprietary. We have no obligation to backup or maintain your Content and you should take appropriate steps to maintain your Content.

H.     You further agree that you will not submit to the Site any Content or other material that is contrary to our Community Guidelines.

I.      In the course of using the Site you agree not to:

  • Access and/or use anyone else’s Registration Information, or access, visit and/or use the Site by use of anyone else’s account/profile and/or Registration Information;
  • Impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Site;
  • Engage in unlawful, threatening, abusive, harassing, defamatory, deceptive, or fraudulent conduct, or engage in any conduct that invades another’s privacy, is tortious, or conveys explicit or graphic descriptions or accounts of, sexual acts;
  • Use any language that is hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age;
  • Collect for marketing purposes any email addresses or other personal information that has been posted by other members;
  • Encourage conduct that would constitute a criminal offense, or that would give rise to civil liability, or that otherwise constitutes illegal activities or that would likely cause injury or property damage;
  • Stalk, harass, or intimidate others on or through the Site, or using information obtained on or through the Site;
  • Express or imply that any statements that suggest you are endorsed by us, without our prior written consent;
  • Post, upload, transmit, send or otherwise make available on or through the Site any information that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers; or
  • Restrict or inhibit any other visitor or member from using the Site.

7. ACCOUNT TERMINATION

A.     We reserve the right to decide whether your use of the Site and/or any Content provided by you violates these Terms of Service.  If we find that your conduct or Content violates the Terms of Service we may at any time, without prior notice and in our sole discretion, remove any Content provided by you, and/or block access to the Site to computers, IP addresses, or other unique identifiers associated with your name or your account.

B.     If you have an account with us and want to terminate your account with us, you may do so at any time.

C.     Regardless of why your account is terminated, you understand and agree that we shall retain our right to any Content that you submit to the Site, as further described above in Section 6 of these Terms of Service.

8. Copyright Infringement (DMCA Notice)

A.     If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C 512(c)(3) — “DMCA”) by providing our Copyright Agent with the following information in writing:

  • 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 on the Site are covered by a single notification, a representative list of such works;
  • 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 us to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A 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.

Our designated Copyright Agent to receive notifications of claimed infringement is linda-breneman@comcast.net.

9. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE CONTENT, INFORMATION AND SERVICES FOUND ON THE SITE ARE PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMITTED BY LAW, PIXELKIN.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. PIXELKIN.ORG 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.  PIXELKIN.ORG IS NOT LIABLE FOR ANY ACTIONS TAKEN OR DECISIONS MADE BY YOU OR OTHERS BASED ON RECOMMENDATIONS OR INFORMATION OBTAINED THROUGH USE OF THE SITE.  PIXELKIN.ORG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PIXELKIN.ORG 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. PIXELKIN.ORG DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  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.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL PIXELKIN.ORG, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, 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 SITE, (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 SITE, (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE 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 SITE, 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 FURTHER ACKNOWLEDGE THAT PIXELKIN.ORG SHALL NOT BE LIABLE FOR CONTENT 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.

IN NO EVENT WILL PIXELKIN.ORG, ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, OR AGENTS’, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WARRANTY OR OTHERWISE, EXCEED $100.00.

11. INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pixelkin.org, its parent corporation, officers, directors, 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 Site; (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 your Content caused damage to a third party.

12. RELEASE

If you have a dispute with one or more users of the Site, you release Pixelkin.org, its parent corporation, officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

13. ABILITY TO ACCEPT TERMS OF SERVICE

If you seek to register as a member of the Site, you affirm that you are either more than 18 years of age, or an emancipated minor, or have obtained consent from an appropriate parent or legal guardian, and are fully able and competent to agree to and be bound by 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.

14. ACCESS BY MINORS

The Site is not intended for the use of children under 13 years of age, and children under 13 may not set up an Account with Pixelkin.org.  Minors 13 to 17 years of age may set up accounts (if applicable) with verified consent from a parent or legal guardian.  Otherwise, Pixelkin.org strives to comply with the Children’s Online Privacy Protection Act (COPPA).  Please see our Privacy Policy for more information on this subject.  In addition, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.   Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and at OnGuard Online, at http://onguardonline.gov.  Please note that neither such website is controlled, operated or endorsed by Pixelkin.org and that Pixelkin.org is not responsible for their operation.

15. MAKING PURCHASES

If you wish to purchase products or services described on the Site, you will be asked by Pixelkin.org or the third party provider of the product or service to supply certain information applicable to your purchase, including without limitation credit card and other information.  You understand that any such information will be treated by Pixelkin.org in the manner described in our Privacy Policy.  You agree that all information that you provide to Pixelkin.org or such third party provider will be accurate, current and complete.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes, shipping and handling charges relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply Parental Planet ‘s or Pixelkin.org’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you.  Verification of information applicable to a purchase may be required prior to Parental Planet’s or Pixelkin.org’s acceptance of any order.  Price and availability of any product or service are subject to change without notice.

16. ASSIGNMENTS

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixelkin.org without restriction.

17. GENERAL

The Site is controlled and operated by Parental Planet LLP from its office in Washington State. These Terms of Service will be governed by the laws of the State of Washington, without reference to its choice-of-laws rules.  The exclusive jurisdiction and venue for any action arising from these Terms of Service will be in King County, Washington.  You accept the exclusive personal jurisdiction of such courts or venues.

Any dispute or claim arising out of or relating to these Terms of Service shall be settled by arbitration in accordance with the then-prevailing commercial arbitration rules of the American Arbitration Association, and applying Washington State law and/or U.S. federal law, if applicable.  Such arbitration will take place in King County, Washington, before one (1) arbitrator selected in accordance with such arbitration rules, who shall be an attorney or jurist with a reasonable knowledge of the Internet.

The arbitrator shall have no power to award consequential, incidental, indirect or punitive damages, or any damages in excess of compensatory damages, if any.  Notwithstanding the foregoing, (i) either party may seek injunctive or other equitable relief in a court of competent jurisdiction pending the outcome of such arbitration and (ii) any judgment upon the decision rendered by such arbitration against a party, and/or any injunctive or other equitable relief granted by such arbitration, may be entered in any court having competent jurisdiction over the party or its assets.  YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

17. MISCELLANEOUS

If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.  These Terms of Service constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.  These Terms of Service are not assignable, transferable or sublicenseable by you except with Parental Planet’s prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  The obligations set forth in Sections 7, 9, 10, 11, 12, 16 and 17 shall survive any termination of a member’s account; otherwise these Terms of Service shall apply to all users who continue to use or access the Site, with our without an account.

18. QUESTIONS

The Site is provided by Parental Planet LLC. If you have any questions, comments or complaints regarding these Terms of Service or the Site, feel free to contact us at linda-breneman@comcast.net