Terms of Use (“The Rules”)

EFFECTIVE DATE: January 28, 2010.

PLEASE READ THESE TERMS OF USE (“The Rules”). If you are under the age of 18, you should review The Rules with a parent or legal guardian.

This is where we (“Save the Children” “we” “our”) describe the terms of use (conditions and requirements) for using the k2kusa.org website. These are The Rules! There aren’t too many rules, but they are important and if you do not follow The Rules, it could change how we interact with you (in fact, we might have to prevent you from using the k2kusa.org website). And remember, you should never give out your personal information without talking to a parent or guardian first. Click here to read the k2kusa.org Privacy Statement.

1. THE BASICS:

• By using the k2kusa.org website you are obligated to follow The Rules so it is really important that you understand them. Please have your parent or a legal guardian look at The Rules with you.
•  From time to time we may change The Rules, so it is important you review these Terms of Use every time you use the k2kusa.org website. Changes are effective as of the date the new terms are made publicly available on the website (we try to include the day, month and year so you know when the changes were made).
• The k2kusa.org website is fully controlled and operated by Save the Children Federation, Inc., a tax-exempt charity based in the State of Connecticut, USA. Click here to find out more about Save the Children. When you use the k2kusa.org website, you are agreeing to be legally bound to The Rules. Basically, you are promising Save the Children that you will follow the Terms of Use. If you do not think you can play by The Rules, please do not use the k2kusa.org website. 

2. OWNERSHIP OF INTELLECTUAL PROPERTY. Save the Children is the owner or authorized licensee (meaning we have permission to use) all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, including the right to the selection and arrangement of the elements on the k2kusa.org website. We are also the exclusive owner or licensee of the Save the Children and k2kusa.org trademarks, service marks and trade names. In other words, we own or have permission to use almost all of the stuff you see, hear and use on the k2kusa.org website, including the technology that makes the website work (the “Material”).

• When you use the k2kusa.org website in accordance with The Rules, we are giving you a personal, non-exclusive, non-assignable and non-transferable license (permission) to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from the k2kusa.org website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. Meaning you can use the k2kusa.org website for your personal fun, but don’t try and sell it to anyone else.
• You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Save the Children. Use of Save the Children’s marks, including k2kusa.org, and/or its licensors' Material is only permitted with their express written permission. In other words, you can’t use our Material to make a new website and pretend it is your website. If you want to use our Material other than in connection with the k2kusa.org website, you need to ask us for permission.
• You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Basically, don’t try to change the Material, you could get a call from lawyer or law enforcement officer. 

3. CHATROOM/MESSAGE BOARDS. Save the Children may choose to offer community features on the k2kusa.org website, such as message or bulletin boards, and discussion forums to which you can submit information, ideas and opinions (Your Posts). Save the Children does not assume any obligation to monitor, filter, censor, edit, or regulate the information or content of Your Posts. EXCEPT, Save the Children may delete content at its sole discretion. Your Posts do not necessarily reflect Save the Children’s opinion or beliefs, and we cannot endorse, warrant the accuracy or reliability of, or assume any responsibility in connection with Your Posts.

• Your Posts should be original thoughts and ideas. If Your Post is a copy of someone else’s stuff, you must have their permission before submitting it to the k2kusa.org website. In fact, by submitting it, you are promising Save the Children that Your Post is original and not a copy of someone else’s stuff. You also agree not to upload or post to k2kusa.org: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
• Save the Children may, when it chooses, adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Save the Children may also choose (without obligation or notice to you) to delete any postings on the k2kusa.org website that violate The Rules and may any user access to the k2kusa.org website.

4. DISCLAIMER AND LIMITATION OF LIABILITY. THE K2KUSA.ORG WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Save the Children is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the k2kusa.org or with respect to the information and material contained on the k2kusa.org website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

• TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAVE THE CHILDREN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE k2kusa.org WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SAVE THE CHILDREN OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Save the Children's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this k2kusa.org website (The k2kusa.org website is free, that means you paid nothing to access the website).

5. LINKS BY YOU TO THE K2KUSA.ORG WEBSITE. Save the Children may grant you a limited, non-exclusive, revocable right to create hyperlinks to the k2kusa.org website, so long as: (a) the links are only to the home page, (b) the links only incorporate text, and do not use any images, video, graphics or trademarks, (c) the links and related content on your site do not suggest any affiliation with Save the Children or create any confusion in the general public, (d) the links and related content on your site do not portray Save the Children, its k2kusa.org initiative or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes (meaning you are not selling any goods or services).

6. THE THIRD PARTY LINKS AND WEBSITES. The k2kua.org website does contain links to or from websites operated or controlled by third-parties ("Linked Sites"), including, without limitation, sites operated by advertisers and promotional and business partners of Save the Children. Linked Sites does NOT include Save the Children’s central website at www.savethechildren.org Save the Children has no control over the content of Linked Sites, and does not assume any obligation to review any Linked Sites. Save the Children does not endorse, approve, or sponsor any Linked Sites, or any advertising, information, materials, products, services, or other items unrelated to k2kusa.org or Save the Children that may be available on or from these third-party websites. Save the Children disclaims all liability in connection these unrelated, third-party websites and your transactions with them.

• While we require service providers and trusted vendors who operate k2kusa.org on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted best practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Save the Children disclaims all liability in connection therewith. 

7. BANNERS, ADVERTISEMENTS AND PROMOTIONS. We reserve the right to post banners, advertisements, promotions, and similar content throughout the k2kusa.org website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Save the Children's policies, so please read the Terms of Use and Privacy Statements provided by these other organizations BEFORE you use the services or websites. Any communications and transactions you may have with any advertisers and other third parties found on or through the k2kusa.org this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Save the Children is not responsible and specifically disclaims any and all liability in connection with these unrelated transactions.

8. TECHNOLOGY ERRORS. Save the Children took great care in building the k2kusa.org website, and we want you to enjoy your experience. If you come across any technical errors that effect how the website functions, you should let us know. We will try to fix them. Unfortunately, your home computer may cause some glitches that effect how you experience the k2kusa.org website, and we can't fix that from here.

• One of the reasons your home computer may be acting funny is if malicious software (MALWARE) was installed on your computer without your knowledge. Malware may include computer viruses, key loggers, malicious active content, rogue programs and dialers, among others bad things. While we continuously work closely with our partners to ensure that everything on the k2ksua.org website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. You may want to take some steps to help clean your computer of Malware, including:
  • Update your computer via the tools available in your web browser.
  • Install a “SpyWare Removal Tool” such as Spybot Search & Destroy or AdAware to clean your computer of Malware.
  • Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
• If you do want to download any software to fight Malware, please note that we cannot be responsible for the effects on your computer system and BEFORE YOU DOWNLOAD ANYTHING, you should read the Help or Customer Support areas of the download site for specific system requirements and effects. Always talk to a parent or legal guardian before downloading stuff onto your computer.

9. INDEMNIFICATION. You agree to indemnify, defend and hold harmless, Save the Children, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the k2kusa.org website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of The Rules by you. Save the Children reserves the right to assume, at its sole expense, the exclusive defense and control of any matter for which you are indemnifying us, in which event you agree to fully cooperate with Save the Children in asserting any available defenses.