WeekaKids Terms of Service
1. Acceptance of these Terms of Service
1.1 The Website and the Service are provided to you subject to these Terms of Service (these "Terms"). By accessing the Website or using the Service, you agree that you have read, understood and agree to be bound by these Terms. For the purpose of the Terms and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website.
1.2 By accessing and/or using the Website and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at WeekaKids' sole discretion.
1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with WeekaKids or the Service in any way, you must immediately discontinue use of the Website and the Service.
1.4 These Terms may be updated by WeekaKids at any time at its sole discretion. It is your responsibility to keep a copy of these Terms and check the date “last modified” at the top of this page.
1.5 WeekaKids may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version governs the terms of your relationship with WeekaKids. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
1.6 The term "affiliates" as referred to in Sections 10 and 20 of these Terms means: any company controlled or owned by WeekaKids; any company commonly controlled or owned with WeekaKids; or any group entity jointly offering the Service.
2. Description of Service and Content Policy
2.1 This Section 2 has important legal consequences for you. In this section: - the legal responsibilities and liabilities of WeekaKids are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against WeekaKids are limited or excluded. The statements made in this section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. WeekaKids and/or other persons may have claims and other rights against you as a result of these statements.
2.2 WeekaKids.com is a platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, WeekaKids is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that WeekaKids is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Service and the Website at your sole risk and responsibility.
2.3 You understand that WeekaKids is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will WeekaKids be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. WeekaKids is not obliged to pre-screen or approve any Content, but WeekaKids has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to WeekaKids' knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to WeekaKids. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As far as the law allows, WeekaKids makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and WeekaKids disclaims all liability thereto.
2.4 You are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
(i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize WeekaKids to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to WeekaKids an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and WeekaKids' (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by WeekaKids in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to WeekaKids all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or WeekaKids remove or delete such Content from the Website.
2.5 WeekaKids does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, WeekaKids expressly disclaims any and all liability in connection with user Content. WeekaKids does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and WeekaKids may, at its sole discretion, remove any infringing Content. WeekaKids reserves the right to remove any Content without prior notice. WeekaKids may also terminate a user's access to the Website. Further, at its sole discretion, WeekaKids reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
3.1 that violates any law or regulation;
3.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant WeekaKids all of the license rights granted herein;
3.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
3.4 that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
3.5 that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3.6 that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
3.7 that includes personal or identifying information about another person without that person's explicit consent;
3.8 that impersonates any person or entity, including, but not limited to, a WeekaKids employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
3.9 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3.10 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
3.11 that constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "bait marketing", "negative option marketing", "referral selling" or unsolicited advertisements of a commercial nature;
3.12 that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to WeekaKids users who have requested not to be contacted about other services, products or commercial interests;
3.13 that includes links to commercial services or Third Party Websites, except as specifically allowed by WeekaKids;
3.14 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
3.15 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
3.16 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
3.17 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
3.18 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
3.19 make any libelous or defamatory comments or postings to or against anyone;
3.20 collect personal data about other users or entities for commercial or unlawful purposes;
3.21 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
3.22 post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
3.23 post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
3.24 attempt to gain unauthorized access to computer systems owned or controlled by WeekaKids or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;
3.25 use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of WeekaKids' "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
3.26 use any automated device or software that enables the submission of automatic postings on WeekaKids without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.