YOKIDSYO.COM

USER AGREEMENT-TERMS OF USE

Welcome to the YoKidsYo.com Site, owned and operated by YKY, LLC ("YKY"), a Delaware Limited Liability Company. Please read this User Agreement carefully. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.

NOTE TO PARENTS

YOKIDSYO.COM was designed by parents for parents to provide children with a safer alternative to many of the popular social networking sites available online. As such, the communications technology is configured in a manner which provides parents more control over who their children communicate with online. Parents are responsible for deciding with whom their children can send and receive messages via a "white list" approach. Parents will be provided a control panel allowing them to enter approved YOKIDSYO.COM "buddies" for their children's account. Children will only be able to communicate with their approved YOKIDSYO.com buddies and parents have complete access to their children's usage information. In other words, parents are in control AND ARE FULLY RESPONSIBLE FOR THEIR CHILD'S SAFETY.

While all content on this Site is reviewed and approved prior to being published (with the exception of comments made by parents which are only viewed in the parent's login areas) there may be links to Third Party websites that have content that has not been reviewed or approved by YOKIDSYO.COM. YOKIDSYO.COM is not responsible for any content that is not provided directly by this Site.

When registering on the Site, parents will be asked to supply certain personally identifiable information. Please see our Privacy Policy for details on how this information is used by YKY. You will also be required to make up a username and password for each unique User, including your children that you choose to register. DO NOT use personal information that can identify who you are or who your children are when choosing your username.

You will be required to enter your username and password each time you return to our Site. Accordingly, in order to prevent the unauthorized use of your username and password, You agree that You will take such actions as are necessary to maintain the confidentiality of Your Password.

In our sole discretion we may make modifications, add, delete or otherwise change the terms and conditions of this User Agreement from time to time without notice. The updated User Agreement will be available online at YoKidsYo.com.

Intellectual Property and Use of Materials

You acknowledge that this Site may include information, communications, software, photos, text, video, graphics, button icons, logos, music, sounds, images and other material and services (collectively, "Content") which are generally provided by YKY or by licensors or suppliers of YKY, including other users of this Site. You agree and acknowledge that, notwithstanding that YKY provides You with access to the Content, the Content is protected by patent rights, copyrights, trademarks, trade secrets and other intellectual property and proprietary rights (collectively, "Rights"). In addition to YKY and its licensors' and suppliers' Rights in individual elements of the Content, YKY owns a copyright in the selection, coordination, arrangement and enhancement of the Content. YKY authorizes You to download and print documents and portions of documents published by YKY on this Site solely for Your own personal purposes. Any other copying, modification, reproduction, performance, display, redistribution, retransmission, publication or incorporation into any other web site or other work of any downloaded material is strictly prohibited without the express written consent of YKY. Mirroring this Site and framing this Site are also strictly prohibited without the express written consent of YKY. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site.

If you download software from the Site, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license.

Your Information

"Your Information" includes any non-personal information You or your children provide to us or other users or that we derive or gain in connection with Your use of this Site. We do not want and cannot accept any ideas, materials or suggestions You consider to be confidential or proprietary.

Subject to this Terms of Use and the terms of YKY's Privacy Policy, by posting Your Information on or through this Site, You automatically grant YKY a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display Your Information alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights to others.

You are solely responsible for Your Information. However, we may take any action we deem necessary or appropriate in our sole discretion if we believe Your Information creates a risk of liability to YKY.

Privacy Policy

YKY will only use and disclose Your Information in accordance with these Terms of Use and our most current Privacy Policy which is available on this Site. You represent that You have read the terms of such Privacy Policy, and agree that such terms are reasonable.


Links

Our Site contains links to other web sites on the Internet that are owned and operated by third parties. YKY provides these links solely as a convenience. The appearance of a link does not imply our endorsement of, nor are we responsible for the content of, any linked web site. You access linked web sites at Your own risk.

User Rules

The Site is provided by YKY and is intended to be used in a safe and enjoyable fashion. Users of the Site MUST NOT:

1. Use the Site in any way that is offensive or interferes with the use by anyone else of the Site;

2. Attempt to circumvent the security systems of the Site;

3. Attempt to gain access to any other user's accounts;

4. Attempt to learn any other user's password and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail, chat or instant messaging communication;

5. Attempt to use the Site for any purposes other than those intended by YKY, as determined by YKY in its sole discretion; or

6. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

7. Use YKY to promote or solicit any products of any kind.

8. Impersonate any person or mislead anyone regarding your identity or association with any other person or group.

9. Solicit any personal information from any other User.

10. Create, upload or transmit anything considered harmful to children.

YKY expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from the Site who contravenes any of the provisions of the Terms of Use, including but not limited to the provisions of this section entitled "User Rules".

No Warranty

YKY PROVIDES THIS SITE AND ITS CONTENT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YKY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YKY does not guarantee continuous, uninterrupted or secure access to its services, and operation of this Site may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Further, YKY does not guarantee the accuracy, timeliness or completeness of any information on this Site or the results of Your use of this Site. The Internet is not a secure method of transmission, and YKY cannot guarantee that data en route to or from this Site are secure from unauthorized, unknown or unforeseeable security breaches. Neither YKY nor any of its third party providers or distributors warrant that this Site, its servers or any messages sent from YKY are free of viruses or other harmful components.

Limitation of Liability

IN NO EVENT SHALL YKY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR ANY USE OF THE SITE OR THE CONTENT FOUND HEREIN. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YKY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.


Termination

These Terms of Use will remain in full force and effect until terminated by either You or YKY. If You are dissatisfied with the terms and conditions set forth herein, Your sole remedy is to discontinue Your use of this Site. YKY may terminate these Terms of Use or suspend Your access to all or part of this Site without notice, for any conduct that YKY, in its sole discretion, believes is disruptive to this Site, is in violation of any applicable law or violates these Terms of Use.

General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of this Site.

Notices

Except as explicitly stated otherwise herein, any notices under these Terms of Use shall be given by email to YKY's customer support email address (in the case of YKY) and to the email address You provide to YKY during the registration process, or such other address as You may specify from time to time by updating Your user.

No Waiver

The failure of YKY to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

Applicable Law

This Site is controlled by YKY from its offices in New Jersey, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of New Jersey, USA and applicable federal law, without regard to any conflict of law provisions. YKY makes no representation that the Content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You and YKY irrevocably agree that venue and jurisdiction for any disputes arising hereunder lies exclusively in New Jersey, USA, and You hereby submit to personal jurisdiction in New Jersey, USA and waive any objection to venue, jurisdiction and forum non conveniens.

Indemnification

You agree to indemnify and hold YKY and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of any breach by You of these Terms of Use (including, without limitation, the documents incorporated by reference), or Your violation of any law or the rights of any third party.

Savings Clause

If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provisions, and the remainder of these Terms of Use will remain in full force.

Trademarks

YoKidsYo.com, Inc., the YoKidsYo logo and YKY are trademarks or service marks of YKY, LLC. All such trademarks, trade names and service marks are proprietary to YKY and may not be used in connection with any product or service that is not YKY's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits YKY, without YKY's express written permission. All other trademarks, product names and company names and logos are the property of their respective owners. You agree not to change, obscure or delete copyright, trademark or other proprietary notices from any Content which You download or print.

Copyright