Children's reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by providing notice through the Network or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Network, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use Network. If you do not agree to the revised Terms, you may not access or use the Network.
Unlawful and prohibited use
As a specific condition of your use of the Network, you explicitly agree not to use the Network for any purpose that is unlawful or prohibited by these Terms. You agree:
- To access the Network for your own personal use and not for any commercial purpose,
- To act responsibly and not use the Network for any fraudulent, unlawful, harassing or abusive purpose or to access any offensive or inappropriate sites or materials.
- Not to use the Network in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
- Not to use the Network in any way that could damage, disable, overburden, or impair the Network, or interfere with anyone else's use of the Network,
- Not to attempt to gain unauthorized access to Children's computer systems or networks connected to Children's, through hacking, password mining or any other means,
- Not to attempt to reverse engineer any portion of the Network,
- Not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Network,
- Not to use the Network for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise,
- Not impersonate or attempt to impersonate Children’s, a Children’s employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing),
- Not use any robot, spider, or other automatic device, process, or means to access the Network for any purpose, including monitoring or copying any Network traffic or resources available on the Network,
- Not to send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction,
- Not to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, and
- Not to introduce any viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful.
You agree not to use the Network to send, knowingly receive, upload, download, use, or re-use any material which:
- Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
- Is likely to deceive any person.
- Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
- Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Children under the age of 18 are only permitted to use the Network under adult supervision. You further acknowledge and agree that a violation of these Terms may result in a denial of access to the Network without notice and may subject you to administrative penalty and/or criminal liability.
Wireless communications, including those sent over the Network, are not secure communications. Children's is not responsible for the privacy of activity using the Network. For security purposes, activity on the Network may be monitored, but there is no obligation on Children's to do so.
Children’s, in its sole discretion, will determine whether your conduct is in compliance with these Terms. We have the right to:
- Monitor your use of the Network for any purpose in our sole discretion and as we see fit.
- Take any action we deem necessary or appropriate in our sole discretion if we believe a user's conduct violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Network or the public, or could create liability for Children’s.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Network.
- Terminate or suspend your access to all or part of the Network for any or no reason, including without limitation, any violation of these Terms.
Disclaimers; Limitation of Liability
Children's disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from the Network, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links on the Network, including but not limited to any errors in or omissions contained therein, (c) the unavailability of the Network, (d) your use of the Network, (e) your use of any equipment or software in connection with the Network, or (f) information users might access or encounter or any activity that results from their access, encounter or activity on the Internet.
Any dealings with any third parties (including advertisers and/or sponsors) appearing on the Network, and any other terms, conditions, warranties or representations associated with such activities are solely between you and the third party. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Children's does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE NETWORK IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. CHILDREN'S MAKES NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. CHILDREN'S WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE). CHILDREN'S DOES NOT WARRANT THAT THE OPERATION OF THE NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY CHILDREN'S OR AN AUTHORIZED REPRESENTATIVE OF CHILDREN'S SHALL CREATE ANY WARRANTY.
If you are dissatisfied with any portion of the Network, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Network.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Texas, without regard to Texas conflict of laws provisions. By using the Network you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Dallas, Texas for all disputes arising out of or relating to the use of the Network.