Terms of Use

I. INTRODUCTION

The Services

This website (or other service) is operated by Kids on the Move for Success (“KOTMS” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site services provided by Kids on the Move for Success (the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; Mobile Services (described below); online Lives (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on the Kids on the Move for Success site or other service.

The services on the site may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to the services via your mobile phone, (ii) the ability to receive and send messages, and (iii) the ability to browse the services from your mobile phone (collectively, the “Mobile Services”). Whether or not Kids on the Move for Success charges for some or all of these Mobile Services, your mobile telephone carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.

Age Requirements

In order to use the services on this site, you must be at least 13 years of age. If you are under 13-years-old, you may not use the services and you are instructed to leave this website or other service. If you are between the ages of 13 through 17 years, you may use the services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing services while not under the supervision and/or without the written consent of your parent or legal guardian.

Legal Agreement (Visitors & Registered Users)

These Terms of Service (“TOS”) constitute a legal agreement between the user of the site and services (“you”) and Kids on the Move for Success. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the site and services. By using the site and services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse the site) or a “Registered User” (which means that you have registered as a user of the site and its services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.

Modification of These Terms of Service

Kids on the Move for Success may wish to update or change this TOS from time to time to reflect changes in the services provided, changes in the laws affecting the services provided, changes in Kids on the Move for Success’s policies, or for other reasons. When we do, Kids on the Move for Success will endeavor to provide notice to users in one or more of the following ways: (1) Kids on the Move for Success will update the “last updated” date at the bottom of this TOS; (2) Kids on the Move for Success may post notice of the update on the website or other service; and/or (3) Kids on the Move for Success may email notice of the update to the Registered Users. You understand that Kids on the Move for Success reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other service. Continued access to or use of the services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the services shall be subject to this TOS, as modified from time to time.

Privacy Policy

You may be required to register to use the services on this site. By registering as a user of the site and services. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. Kids on the Move for Success agrees that it will use and/or disclose your personal information in accordance with the terms of the Privacy Policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use this site and its services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.

II. COMMUNITY STANDARDS

Your Are Responsible for Activities on Your Account

If you are given a password to access the Kids on the Move for Success site and services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Kids on the Move for Success immediately of any unauthorized use of your account. Kids on the Move for Success is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Please choose carefully the information you post via the Kids on the Move for Success services or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Kids on the Move for Success users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Kids on the Move for Success assumes no responsibility or liability for this material. If you become aware of misuse of the Kids on the Move for Success site or services by any person, please Customer Service.

Prohibited Users

You agree that you will not: (i) use the Kids on the Move for Success services for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the Kids on the Move for Success services in any manner that could damage, disable, overburden, or impair the Kids on the Move for Success services or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Kids on the Move for Success user account, computer systems or networks associated with the Kids on the Move for Success site and services; or (iv) obtain or attempt to obtain any materials or information through the Kids on the Move for Success site and services by any means not intentionally made available or provided for.

Prohibited Content

You agree not to post, submit, upload or otherwise display prohibited content on or through the Kids on the Move for Success site and services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of content that is illegal or prohibited to post submit, upload or otherwise display on or through the Kids on the Move for Success site and services. Kids on the Move for Success reserves the right to investigate and take appropriate legal action against anyone who, in Kids on the Move for Success’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Kids on the Move for Success site and services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Kids on the Move for Success:

•     Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;
•     Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling;
•     Harasses, bullies or advocates harassment or bullying of another person;
•     Exploits people in a sexual or violent manner;
•     Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;
•     Solicits personal information from anyone under 18;
•     Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;
•     Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
•     Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
•     Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”;
•     Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
•     Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users;
•     Involves commercial activities and/or sales without Kids on the Move for Success’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
•     Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent.
•     Posting of subscription service exclusive content, including media, news, links, etc.

Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on or via the Kids on the Move for Success Services. Kids on the Move for Success reserves the right to investigate and take appropriate legal action against anyone who, in Kids on the Move for Success’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

•     Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
•     Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
•     Advertising to, or solicitation of, any user to buy or sell any products, services or data through the Kids on the Move for Success site or services;
•     Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
•     Exporting encryption software over the Internet or otherwise to points outside the United States;
•     Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
•     Any automated use of the system, such as using scripts to add friends or send comments or messages; •     Interfering with, disrupting, or creating an undue burden on the Kids on the Move for Success site or services or the networks or services connected to the Kids on the Move for Success site or services;
•     Attempting to impersonate another user or person;
•     Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
•     Selling or otherwise transferring your profile;
•     Using any information obtained from the Kids on the Move for Success site or services in order to harass, abuse, bully, or harm another person;
•     Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Kids on the Move for Success site or services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
•     Using the Kids on the Move for Success site or services in a manner inconsistent with any and all applicable laws and regulations.

Spam

You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Kids on the Move for Success Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Kids on the Move for Success users from such advertising or solicitation, Kids on the Move for Success reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which Kids on the Move for Success deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Kids on the Move for Success services, you acknowledge that you will have caused substantial harm to Kids on the Move for Success, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Kids on the Move for Success $25.00 for each such unsolicited email or other unsolicited communication you send through the Kids on the Move for Success site and services.

User Disputes

You are solely responsible for your interactions with other users of Kids on the Move for Success site and services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

User Decorum & Standards of Care

This website (or other Kids on the Move for Success service) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, we reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact Kids on the Move for Success Customer Service immediately.

Content Available on Kids on the Move for Success Website

The Kids on the Move for Success website and services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Kids on the Move for Success site and services (all of these things are commonly referred to as “Content”) are owned exclusively by Kids on the Move for Success or others who have licensed their material to Kids on the Move for Success. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the Kids on the Move for Success site and services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Service are reserved by Kids on the Move for Success (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Kids on the Move for Success site and services are owned by Kids on the Move for Success or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Kids on the Move for Success for which money damages would be inadequate and in such event Kids on the Move for Success will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Customer Support

Kids on the Move for Success may provide information about how to use the Kids on the Move for Success site and services. If you have any questions about the Kids on the Move for Success site and services or any problems that you would like to report, please contact Customer Service. We endeavor to answer all enquiries within two (2) business days, but please allow longer.

III. ADDITIonAL TERMS & ConDITIonS

Technical Requirements

In order to use this website and its services, we recommend the hardware and software specified below. Kids on the Move for Success is not responsible for any failure to operate the Kids on the Move for Success site and/or its services resulting from you not using the recommended hardware and software.

Computer

•     Any computer with the Windows (versions XP, Vista, or higher) or Mac OSX (version Tiger 10.4 or higher) operating system; and
•     Your computer must meet the minimum technical requirements of the supported web browser software listed below.

Web Brower Software

•     Microsoft Internet Explorer version 7.0 or higher
•     Mozilla Firefox version 3.5 or higher
•     Apple Safari versions 4.0 or higher
•     Google Chrome version 5.0 or higher
•     Opera version 0.0 or higher

In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.

•     Cookies
•     Javascript
•     Adobe Flash Player Plug-in version 10.0 or higher

Personal & Non-Commercial Use only

You may use the Kids on the Move for Success site and services for your own personal and non-commercial purposes only. Each Kids on the Move for Success account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Kids on the Move for Success account to access the Kids on the Move for Success services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Kids on the Move for Success site or services except as expressly provided in this TOS.

Illegal and/or unauthorized use of Kids on the Move for Success site and services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Kids on the Move for Success site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Kids on the Move for Success site. Except as expressly authorized per a written agreement with Kids on the Move for Success, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Kids on the Move for Success reserves the right to remove them from user profiles or other areas of a Kids on the Move for Success site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Kids on the Move for Success site and services.

Delay or Failure to Provide Services

Kids on the Move for Success is not responsible for any delay or failure to provide content, materials or other services where such delay or failure is due to causes outside of Kids on the Move for Success’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Kids on the Move for Success client or their management to make materials available to Kids on the Move for Success in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

Your Feedback & Suggestions to Kids on The Move For Success

Kids on the Move for Success wants your voluntary feedback and suggestions regarding the site and services so that we can continually improve the site and services for you and other customers. When you submit feedback and suggestions, please understand that Kids on the Move for Success needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Kids on the Move for Success, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Kids on the Move for Success and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Kids on the Move for Success’s use of the materials contained within such feedback or suggestions. Kids on the Move for Success is under no obligation to post or use any materials you may provide and may remove such materials at any time at Kids on the Move for Success’ sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Kids on the Move for Success site and services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.

Warranty Disclaimer

KIDS on THE MOVE FOR SUCCESS AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIonS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATIon, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS ConTAINED on OR OBTAINED THROUGH THE KIDS on THE MOVE FOR SUCCESS SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATIon, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KIDS on THE MOVE FOR SUCCESS AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND ConDITIonS WITH REGARD TO THIS INFORMATIon, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND ConDITIonS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND Non-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL KIDS on THE MOVE FOR SUCCESS, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR ConSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIon, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY ConNECTED WITH THE USE OR PERFORMANCE OF THE KIDS on THE MOVE FOR SUCCESS SERVICES, WITH THE DELAY OR INABILITY TO USE THE KIDS on THE MOVE FOR SUCCESS SERVICES, THE PROVISIon OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATIon, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE KIDS on THE MOVE FOR SUCCESS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE KIDS on THE MOVE FOR SUCCESS SERVICES, WHETHER BASED on ConTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIDS on THE MOVE FOR SUCCESS OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIonS DO NOT ALLOW THE EXCLUSIon OR LIMITATIon OF LIABILITY FOR ConSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIon MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTIon OF THE KIDS on THE MOVE FOR SUCCESS SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISConTINUE USING THE KIDS on THE MOVE FOR SUCCESS SERVICES.

In no event will Kids on the Move for Success’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Kids on the Move for Success site and/or service which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.

Intellectual Property Notices

Kids on the Move for Success World (the websites and services), and all related technology and content: Copyright © 2014 by Kids on the Move for Success or its suppliers or licensors. All Rights Reserved.

“Kids on the Move for Success” are trademarks and service marks of Kids on the Move for Success the company, product, and brand names of companies, products and services mentioned herein or on a Kids on the Move for Success World or Kids on the Move for Success Live may be the trademarks and service marks of their respective owners.

Kids on the Move for Success has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Kids on the Move for Success World and Kids on the Move for Success Live websites. Except as expressly provided in this TOS, the provision of the Kids on the Move for Success services and the display of Kids on the Move for Success sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Designated Agent Under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Kids on the Move for Success should be notified of a possible online copyright infringement involving any Kids on the Move for Success website, please notify Kids on the Move for Success’s at:

Kids on the Move for Success, Inc.
P. O. Box 803661
Dallas, TX 75380
Phone: (470) 222-3410
Email: info@kotmfs.org

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.

Consumer Notice

Kids on the Move for Success, Inc. is a Georgia corporation. If you have any complaints about Kids on the Move for Success, Inc. or wish to receive further information about Kids on the Move for Success, please contact Customer Service at (470) 222-3410.

Last Updated: June 25, 2016