These Terms constitute a binding agreement between You and San Diego Kidz. If You do not accept the Terms stated here, do not use the San Diego Kidz Site and the San Diego Kidz Services.
San Diego Kidz may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the San Diego Kidz Sites suspended or terminated, at San Diego Kidz’s discretion.
You must be 13 years of age or older to visit or use any San Diego Kidz Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any San Diego Kidz Site under the supervision of a parent, legal guardian, or other responsible adult. By visiting the San Diego Kidz Sites or accepting these Terms, You represent and warrant to San Diego Kidz that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to San Diego Kidz that You will use the San Diego Kidz Sites in a manner consistent with any and all applicable laws and regulations.
Use of San Diego Kidz Content
San Diego Kidz authorizes You to view and access a single copy of the content available on or from the San Diego Kidz Sites solely for your personal use. The contents of the San Diego Kidz sites such as text, graphics, images, logos, button icons, software and other San Diego Kidz content (collectively, “San Diego Kidz Content”), are protected under both United States and foreign copyright, trademark and other laws. All San Diego Kidz Content is the property of San Diego Kidz or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the San Diego Kidz ites is the exclusive property of San Diego Kidz and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the San Diego Kidz content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original San Diego Kidz content on any authorized copy You make of the San Diego Kidz Content.
You agree not to sell or modify the San Diego Kidz Content or reproduce, display, publicly perform, distribute, or otherwise use the San Diego Kidz Content in any way for any public or commercial purpose, in connection with products or services that are not those of the San Diego Kidz Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits San Diego Kidz or its licensors, that dilutes the strength of San Diego Kidz s or its licensor’s property, or that otherwise infringes San Diego Kidz s or its licensor’s intellectual property rights. You further agree to in no other way misuse San Diego Kidz content that appears on this Site. The use of the San Diego Kidz Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that San Diego Kidz creates to generate or display any San Diego Kidz Content or the pages making up any San Diego Kidz Site is also protected by San Diego Kidz s copyright and you may not copy or adapt such code.
San Diego Kidz Site Restrictions.
Users may not use any San Diego Kidz Site in order to transmit, post, distribute, store or destroy material, including without limitation, San Diego Kidz Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any San Diego Kidz Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any San Diego Kidz ite, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. San Diego Kidz will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our customers, San Diego Kidz reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in San Diego Kidz s sole discretion from time to time.
Specific Prohibited Uses.
San Diego Kidz specifically prohibits any other use of the San Diego Kidz Sites, and all Users agree not to do any of the following: (a) post any jobs on any San Diego Kidz Site for any competitor of San Diego Kidz or post jobs or other content that contains links to any site competitive with San Diego Kidz (b) post listings or content on any San Diego Kidz Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the listing or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any San Diego Kidz Site; (d) post or submit to any San Diego Kidz Site any incomplete, false or inaccurate biographical information or information which is not your own; (e) post on any San Diego Kidz Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (f) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any San Diego Kidz Site; (g) delete or revise any material posted by any other person or entity; (h) take any action that imposes an unreasonable or disproportionately large load on any San Diego Kidz s infrastructure; (i) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any San Diego Kidz Site other than the search engine and search agents available from San Diego Kidz on such San Diego Kidz Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (j) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any San Diego Kidz Site; (k) aggregate, copy or duplicate in any manner any of the San Diego Kidz Content or information available from any San Diego Kidz Site, without express written consent from San Diego Kidz; or (l) frame or link to any San Diego Kidz Content or information available from any San Diego Kidz Site.
San Diego Kidz does not necessarily monitor all materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at firstname.lastname@example.org.
If notified by a User of User Content (as defined in Section 6 below) or other materials which allegedly do not conform to these Terms, San Diego Kidz may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. San Diego Kidz has no liability or responsibility to Users for performance or nonperformance of such activities.
Without limiting any of the other disclaimers of warranty set forth in these Terms, San Diego Kidz does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any San Diego Kidz Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from San Diego Kidz including resumes, Profiles, cover letters, , saved jobs, questionnaires and email mailing lists, will be marked as deleted in San Diego Kidz s databases and will be removed from any public area of the San Diego Kidz Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through San Diego Kidz s web servers. In addition, third parties may retain cached copies of your Information.
User Content and Submissions.
You understand that all information, data, text, software, photographs, graphics, advertisements, messages or other materials submitted, posted or displayed by You on or through a San Diego Kidz ite (“User Content”) is the sole responsibility of the person from which such User Content originated. San Diego Kidz claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through San Diego Kidz and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through San Diego Kidz you grant San Diego Kidz a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through San Diego Kidz In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant San Diego Kidz a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting San Diego Kidz services. San Diego Kidz will discontinue this licensed use within a commercially reasonable period after such User Content is removed from San Diego Kidz. San Diego Kidz reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any San Diego Kidz Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any San Diego Kidz ite retains any and all rights that may exist in such User Content.
San Diego Kidz acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, San Diego Kidz may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any San Diego Kidz Site. San Diego Kidz reserves the right to expel Users and prevent their further access to the San Diego Kidz Sites and/or use of the San Diego Kidz Services for violating the Terms or applicable laws, rules or regulations. San Diego Kidz may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for San Diego Kidz damage San Diego Kidz s brand or public image, or cause San Diego Kidz to lose (in whole or in part) the services of its ISPs or other suppliers.
San Diego Kidz does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the San Diego Kidz Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from other Users.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, San Diego Kidz may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. San Diego Kidz has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the San Diego Kidz Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of San Diego Kidz . None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. San Diego Kidz shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
Registration and Password.
You are responsible for maintaining the confidentiality of your employer account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your San Diego Kidz Site registrations and passwords, whether or not authorized by You. You agree to immediately notify San Diego Kidz of any unauthorized use of your employer account, Profile, passwords or passwords, as the case may be.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any San Diego Kidz Site and is accessible on such San Diego Kidz Site in a way that constitutes copyright or trademark infringement, please notify us at email@example.com
Need help with listing ssue? Contact firstname.lastname@example.org
Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
San Diego Kidz, and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the San Diego Kidz sites, You agree not to use any San Diego Kidz Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any the San Diego Kidz Sites Users, and block access to the San Diego Kidz Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
Aquatic Jobs Network’s Liability.
The San Diego Kidz Sites act as a venue for organizations and people to post business and event information and viewers to search and review events and businesses. We do not necessarily screen or censor the listings. San Diego Kidz is not involved in the actual transaction between organizations and attendees. As a result, San Diego Kidz has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of business to offer services to persons or the ability of person to to attend the business and/or event. San Diego Kidz makes no representations about any business,event or job or User Content on the San Diego Kidz Sites. San Diego Kidz may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for San Diego Kidz damage San Diego Kidz s brand or public image, or cause San Diego Kidz to lose (in whole or in part) the services of its ISPs or other suppliers. While San Diego Kidz reserves the right in its sole discretion to remove User Content, business listings, event listings, job postings, or other material from the San Diego Kidz Sites from time to time, San Diego Kidz does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the San Diego Kidz Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the San Diego Kidz Sites.
Because User authentication on the Internet is difficult, San Diego Kidz cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any San Diego Kidz Site, in the event that You have a dispute with one or more Users, You release San Diego Kidz (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) 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.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The San Diego Kidz Sites and the San Diego Kidz Content may contain inaccuracies or typographical errors. San Diego Kidz makes no representations about the accuracy, reliability, completeness, or timeliness of any San Diego Kidz Site or the San Diego Kidz content. The use of all San Diego Kidz Sites and the San Diego Kidz Content is at your own risk. Changes are periodically made to San Diego Kidz Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the San Diego Kidz Sites. Employers are solely responsible for their postings on San Diego Kidz Sites. San Diego Kidz is not to be considered to be an employer with respect to your use of any San Diego Kidz Site and San Diego Kidz shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any San Diego Kidz Site.
San Diego Kidz cannot guarantee and does not promise any specific results from use of the San Diego Kidz Sites. No advice or information, whether oral or written, obtained by a User from San Diego Kidz through or from any San Diego Kidz Site shall create any warranty not expressly stated herein.
Disclaimer of Warranty.
SAN DIEGO KIDZ DOES NOT WARRANT THAT ANY SAN DIEGO KIDZ SITE WILL OPERATE ERROR-FREE OR THAT ANY SAN DIEGO KIDZ SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SAN DIEGO KIDZ SITE OR THE SAN DIEGO KIDZ CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SAN DIEGO KIDZ IS NOT RESPONSIBLE FOR THOSE COSTS. THE SAN DIEGO KIDZ SITES AND SAN DIEGO KIDZ CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SAN DIEGO KIDZ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAN DIEGO KIDZ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SAN DIEGO KIDZ CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL SAN DIEGO KIDZ, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SAN DIEGO KIDZ SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SAN DIEGO KIDZ SITE AND THE SAN DIEGO KIDZ CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAN DIEGO KIDZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
SANDING KIDZ’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SAN DIEGO KIDZ SITE OR YOUR USE OF THE SAN DIEGO KIDZ CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Links to Other Sites.
The San Diego Kidz Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by San Diego Kidz of the contents on such third-party Web sites. San Diego Kidz is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any San Diego Kidz Site.
You agree to defend, indemnify, and hold harmless San Diego Kidz its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any San Diego Kidz ite, (ii) your use of any San Diego Kidz or (iii) your breach of the terms of these Terms. San Diego Kidz shall provide notice to You promptly of any such claim, suit, or proceeding.
San Diego Kidz makes no claims that the San Diego Kidz Content may be lawfully viewed or accessed outside of the United States. Access to the San Diego Kidz ontent may not be legal by certain persons or in certain countries. If You access San Diego Kidz com or any other U.S. based San Diego Kidz Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Diego, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, San Diego Kidz s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect San Diego Kidz’ s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the San Diego Kidz Sites, a particular “Legal Notice,” or software license or material on particular San Diego Kidz ite pages, these Terms constitute the entire agreement between You and San Diego Kidz ith respect to the use of the San Diego Kidz ites. No changes to these Terms shall be made except by a revised posting on this page.
Term and Termination
These Terms will remain in full force and effect while You are a User of the San Diego Kidz Sites at any level. San Diego Kidz reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the San Diego Kidz Sites and the other San Diego Kidz Sites and immediate termination of your registration with or ability to access the San Diego Kidz Sites and the other San Diego Kidz Sites and/or any other services provided to You by San Diego Kidz upon any breach by You of these Terms or if San Diego Kidz is unable to verify or authenticate any information You submit to San Diego Kid.com or pursuant to other San Diego Kidz Site registration. Even after You are no longer a User of the Aquatic Jobs Network Sites, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8 through 17, inclusive.
These Terms constitute a binding agreement between You and San Diego Kidz and is accepted by You upon your use of a San Diego Kidz Site.