Kids’ Poetry Club Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. It is intended only for viewing and retrieving of kids’ poetry and art, and is maintained as a service to the public and educators.

We provide the content and services available on the Website subject to the following terms and conditions of use (the “Terms”). For the purposes of these Terms, “KPC”, “Us”, “Our” and “We” refer to kidspoetryclub.com and “You”, “Your”, “Contributor”, and “User” refer to you – the visitor, website user, or person using our Website. By accessing or using any portion of the Website or any service or content on the Website, you are acknowledging that you have read, understand, and accept these Terms and agree, without limitation or qualification, to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use this Website.

 

1. Changes To These Terms

We reserve the right, in our sole discretion, to change, add or remove portions of these Terms at any time and for any reason. If we change these Terms, we will post the revised document here, and such changes will be effective immediately upon that posting. Accordingly, you should periodically review these Terms when accessing or using the Website. Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms. If, at any time, you no longer agree to be bound by or comply with these Terms, then you should stop accessing and using the Website. If you have any questions about these terms, please contact us at: contact@kidspoetryclub.com.

 

2. Privacy

Please review our Privacy Policy to understand how we collect, use, share and protect personal information gathered from the Website. By using the Website, you also agree to the terms of our Privacy Policy.

 

3. Ownership & Intellectual Property

All of the content created by KPC, Little Dazzy Donuts, and Dot Cherch, and featured or displayed on or through the Website, including without limitation text, graphics, illustrations, photographs, logos, still images, moving images, videos, sound, illustrations, poetry, and podcast recordings is owned by KPC.

All content created by contributors to KPC (kids’ poetry and art entries into competitions, and audio recordings of poetry entered into competitions) is owned by those contributors, who retain full copyright of their own material.

All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. KPC reserves the right to track the usage of Content.

All trademarks, service marks and trade names of KPC are trademarks or registered trademarks of KPC or its content providers, as applicable. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without KPC’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed.

 

4. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact KPC with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512:

  • 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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • 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 us to locate the material;

  • Information reasonably sufficient to permit us to contact the complaining party;

  • A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the DMCA please contact:
Kids’ Poetry Club
Box 13075
Burton, WA 98013
USA
contact@kidspoetryclub.com

 

5. Your Use Of Our Website.

You may access copyrighted material available on the Website for your personal use or educational use only. We grant you a limited, revocable, and non-exclusive right to access and use the Website and the Content, and to print a reasonable number of pages from the Website, for your own informational use, or for educational purposes only. Except as otherwise expressly permitted under copyright law, no copying, downloading, redistribution, re-transmission, publication or commercial exploitation of any Content, in whole or in part, is permitted without the express permission of KPC and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or using copyrighted material.

In using Content in accordance with this Agreement, you may not:
(a) state or imply that KPC is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or
(b) represent that you or your organization has a relationship with KPC or any of the content or services that KPC provides unless that relationship is the subject of a written agreement between you and KPC.

We do not give you the right to, and you may not:

(a) use the Website in any way that violates any applicable federal, state, local, or international law or regulation;

(b) make any use of the Website or its Content for any commercial use, including resale, re-circulation or redistribution, or use or allow the use of the Website or its Content by or for the benefit of, any other person or entity, except with our express prior written permission or as expressly permitted in this Agreement;  

(c) modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Content except with our express prior written permission or as expressly permitted in this Agreement.

 

6. Competitions & Submitting Materials To Our Website

As part of our competitions, users are invited to submit poetry and art. These competitions are run in accordance with our Privacy Policy. In relation to our competitions and submitted Materials:

(a) You must send entries as required in the competition announcement on our Website in order to be eligible. Entries received after the deadline set forth in the competition announcement are ineligible, null, and void. KPC will not be responsible for and will not consider incomplete or incorrect entries, or entries submitted through other routes. KPC is not responsible for entries that are sent to but not received by KPC for any reason.

(b) Each competition will state a deadline for entry and the date when the Winner(s) will be announced in a podcast episode and on the Website. In addition, all Winners will be notified by email.

(c) Three poetry and art entries are allowed per person per competition. Any entries in excess of this number will be ineligible.

(d) To be considered for the competition, poems must be written in English. If you have a poem written in another language, you can submit it together with an English translation of your poem, and that translation will be used for judging.

(e) You (the contributor) retains the copyright for their own material entered into a competition.

(f) KPC may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created—throughout the world and for any purpose—without compensation to you of any kind.

(g) By submitting Materials to KPC, you represent and warrant that the Materials do not infringe on any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that you have the full and unrestricted right to transfer the Materials to KPC free and clear of any claims or encumbrances.

(h) You acknowledge and agree that KPC shall have no obligation to use, post, display, or otherwise make publicly available any Materials that you submit.

(i) You agree to hold KPC and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature that arise in connection with KPC’s use of the Materials submitted to KPC and used in any manner in KPC’s sole and absolute discretion.

(j) Competitions are null and void in any jurisdiction where they are prohibited by law.

(k) KPC reserves the right in its sole and absolute discretion to terminate any competition at any time without prior notice.

(l) KPC reserves the right in its sole and absolute discretion to alter any competition rules at any time.

(m) Finalists and Winners of competitions are chosen by KPC on the merits of each entry, in KPC’s sole and absolute discretion.

(n) No purchase or payment of any consideration is necessary to enter a competition.

(o) By entering a competition, you conclusively are deemed to have agreed to be bound by these competition rules and terms and conditions as well as by any rules specific to that competition. This is an irrevocable condition of entry.

 

7. Representations and Warranties.

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE CONTENT OR TRADEMARKS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

 

8. Limitation of Liability.

YOU AGREE THAT KPC, AND OUR AFFILIATES, PARTNERS, OWNERS, AGENTS AND EMPLOYEES (“KPC PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT THE PRESENCE OF OR HYPERLINKING TO OR FROM NON-KPC LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM NON-KPC WEBSITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE; OR (g) EVENTS BEYOND KPC’S REASONABLE CONTROL. FURTHER THE KPC PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT OR TRADEMARKS THEREIN (OR YOUR USE THEREOF) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF KPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE KPC PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL THE KPC PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $50.00 USD.

 

9. You agree, at your own expense, to defend, indemnify and hold the KPC Parties harmless for any loss, damages or costs incurred by the KPC Parties, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of or relating to (a) your use of the Website, Content or Trademarks, including any Submissions; (b) your violation of these Terms or any law or the rights of any third party; or (c) any Submission that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website. You may not in any event settle any such third party claim, action or demand without our written consent. KPC reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third party claim, action, or demand otherwise subject to indemnification by you.

 

10. Governing Law and Venue. These Terms are governed by the laws of the State of Washington, without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts located in King County, Washington, with respect to any disputes arising out of or relating to your use of the Website, and you hereby irrevocably waive all defense of lack of personal jurisdiction and forum non-conveniens. Any cause of action or claim you may have arising out of or relating to the Terms of Use or the Website must be commenced within one (1) year after the case of action accrues. Otherwise, such cause of action or claim is permanently barred.

 

11. We have the right to restrict, suspend or terminate your access to the Website if, in our sole discretion, you fail to comply with any provision of these Terms. We may also discontinue or change the Website or any service therein, or its availability to you, at any time and for any reason, and without prior notice or liability.

 

12. These Terms, together with Our Privacy Policy, constitute the complete and exclusive agreement between you and KPC concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between KPC and you.

 

13. Nothing contained in these Terms provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any third party beneficiary rights.

 

14. Our failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of that provision at any other time.

 

15. In the event that any provision of these Terms shall be declared unenforceable or invalid under any applicable law by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force and effect.

 

16. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.

 

17. The provisions set forth in the following Sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Sections 9 and 10.

 

 These Terms were last updated: February 2021