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Terms & Conditions

Terms of Use

Welcome to the CityKinder.com web-site (the “Site”). The Site is a resources and communication tool, as well as platform for classes and events, intended for use by German speaking parents in the Tri-State are (NY, NJ, CT) and is operated by CityKinder LLC (“us”, “we”, “”our” or “CityKinder”). The term “you” refers to the user or viewer of the site.

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Acceptance of Agreement

By Accessing our Site you agree to the terms and conditions outlined in these “Terms of Use.” You understand and agree to be bound to the Terms of Use whether or not you are a registered member of CityKinder. We reserve the right to amend the Terms of Use at any time, at our sole discretion, and to amend the Terms of Use without specific notice to you. The latest Terms of Use will be posted on the Site, which you should review prior to using the Site.

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Eligibility

You do not have to be a member of CityKinder.com to use this Site, however, certain services and features will only accessible to members such as the Discussion Forum, Babysitter Listing, and the Flohmarkt feature (Membership area will launch in summer 2014). CityKinder membership will be available at a fee (6 months or 12 months memberships available).

CityKinder.com is intended to be used by parents 18 years of age and older. By using the Site or any of its services you represent and warrant that you are 18 years or older and you agree to and be bound to the terms and conditions of these Terms of Use.

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Proprietary Rights / Copyright

The Content on this Site, except all User Submissions (as defined below), including but not limited to the text, designs, scripts, graphics, software, pictures, videos, information, interactive features (collectively the “ Site Content”) is the proprietary property of CityKinder with all rights reserved. All Site Content is provided to you “AS IS” for your information only and may not be modified, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, scraped, posted, relied upon, or sold in any form or any means, in whole or in part, without the prior written permission of CityKinder. If you download or print a copy of any Site Content for personal use, you must retain all copyright and other proprietary notices contained therein.

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User Submissions Posted on the Site

You shall be solely responsible for your own submissions of content (“User Content”) and the consequences of uploading, displaying or publishing them. You may not post, transmit, or share User Content on the Site that you did not create or for which you do not have the necessary licenses, rights, consents and permissions to use or post.

You agree to use the Site only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable User Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of the Site or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other User Content which is deemed by CityKinder to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another’s computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that, in future, may be expressly designated for such a purpose, or collect or harvest screen names of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service; (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

For clarity, you retain all of your ownership rights in your User Content. By posting User Content to any part of the Site you automatically grant CityKinder a worldwide, irrevocable, perpetual, non-exclusive, sub-licensable, transferable, royalty-free licence to use, reproduce, reformat, translate, display, publicly perform and distribute such User Content in connection with the Site and CityKinder’s business for any purpose, commercial, advertising or otherwise, and to use, reproduce, prepare derivative works of such User Content as permitted through the functionality of the Site and under these Terms of Use. If you choose to remove your User Content, the licence granted will automatically by terminated, however, you acknowledge that we may retain archived copies of your User Content.

You understand and agree that we may, but are not obligated to, review the Site and may refuse, delete or remove (without notice) any User Content for violating the Terms of Use or any other reason at our sole discretion.

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Third Party Websites and Content

The Site contains links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site and/or any Service or any Third Party Content. Many materials on this Site were prepared by independent Third Parties and we are not responsible for their Content. Inclusion of, linking to or permitting the use of installation of any Third Party Site or any Third Party Content does not imply our approval or endorsement. If you decide to leave the Site or to use or install any Third Party Content you do so at your own risk and you should be aware that our terms and policies no longer apply. We encourage our users to be aware when they leave our Site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to our Site or accessed through this Site yourself, before disclosing any personal information to them. CityKinder will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

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Privacy Statement

We are committed to protecting your privacy. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.

There may be times (such as when you register for a class or subscribe to a service) at which we ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, birth date, gender, occupation, etc. We also maintain a record of your online product purchases, however, all Personal Credit Information (PCI) is handled by First Data (a CitiBank Service) and stored in their secure servers. Whether or not to provide information which may identify you is completely your own choice. But if you choose not to provide certain information we request, you may be unable to register for classes, seminars, workshops and events, or access certain services, offers and content on our web site.

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Disclaimers of Warranties

You agree that the use of the Site and any services provided on or through the Site is entirely at your own risk. The information and service on the Site is provided on an “as is” or “as available” basis without any warranties of any kind. We disclaim to the fullest extent permitted by law any and all representation and warranties, whether express of implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. To the fullest extent permitted by law CityKinder disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the CityKinder.com website and the services or that the site or its servers are free of viruses or other harmful components. To the fullest extent permitted by law, CityKinder disclaims any warranties for other services or goods received through or advertised on the Site or the sites or services, or accessed through any links on the Site.

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CityKinder Service Listings

Vendors and other parties accessed through the Site are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you enter into a transaction with any vendor or other party accessed in connection with the Site you are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into. You acknowledge that CityKinder is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Please note that these Terms of Use do not apply to your purchases of products or services from vendors or other third parties through the Site, as those transactions are strictly between you and the other party to the transaction.

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Refund Policy

CityKinder Events & Seminars
To receive a full refund for events, you need to cancel at least 72 hours prior to an event. A credit to be used towards any future event will be given to those who cancel within 72 hours. Cancellations the day of an event will result in a credit unless it is a sold out event in which case a refund will not be issued. There are no refunds or credits given for no shows. Credits expire 6 months from the date of the missed event.

CityKinder Multi-week Workshops & Class Series
There are no refunds or credits for missed sessions of any weekly workshop or class.  However, we know that the unexpected sometimes happens, we would be happy to transfer your registration to another group during the current or next session (as long as the new session is of equal or lesser value and there is space available).  All transfer requests must be sent to info@citykinder.com before the second group meeting or class.  In the unlikely event that CityKinder must cancel a workshop or class, refunds will be issued and/or you’ll have the option to transfer to another group of your choice.

Classes and Camps
CityKinder is a marketing platform for classes and camps run by various service providers (i.e. Lieder & Geschichten, Super Soccer Stars, Kinderspiel). Please refer to their individual refund and cancellation policies on their websites.

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Indemnity

You agree to indemnify and hold CityKinder, its affiliates and successors and each of their managers, members, officers, employees, agents, advertisers and licensees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of and access to the Site, Your violation of the Terms of Use, Your violation of any rights or another person or entity and Your violation of any applicable laws or regulations.

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Limitation of Liability

Under no circumstances shall CityKinder be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if CityKinder has been advised of the possibility of such damages), resulting from any aspect of your use of the CityKinder.com site or the service, whether the damages arise from use or misuse of the CityKinder.com site or the service, from inability to use the Site of the service, or the interruption, suspension, modification, alteration, or termination of the CityKinder.com site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site or the service or any links on the Site, as well as by any reason of any information or advice received through or advertised in connection with the Site or the service or any links on the Site. These limitations shall apply to the fullest extent permitted by law.

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Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the Site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

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This Terms of Use constitutes the entire Agreement between you and CityKinder LLC and govern your use of the Site and its services. Your accessing of this website and/or undertaking of a booking indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.

© CityKinder LLC 2014 All Rights Reserved

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