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Terms & Conditions of Use 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the ExtremeKids.com Website following the posting of changes to these terms (including the the ExtremeKids.com Website Privacy Policy) will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by ExtremeKids.com, Inc. (referred to as "ExtremeKids.com," "we," "us," or "our" herein). No material from the ExtremeKids.com Website or any Web site owned, operated, licensed, or controlled by ExtremeKids.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ExtremeKids.com's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to ExtremeKids.com, Inc.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by ExtremeKids.com. ExtremeKids.com does not transfer title to the Software to you. You own the medium on which the Software is recorded, but ExtremeKids.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS

If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of ExtremeKids.com. None of the Submissions shall be subject to any obligation of confidence on the part of ExtremeKids.com, and ExtremeKids.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, ExtremeKids.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the World and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, bulletin board, or e-mail function offered as part of ExtremeKids.com. You shall not upload to, distribute through, or otherwise publish through the ExtremeKids.com Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other ExtremeKids.com Website guests to join or become members of any commercial online service or other organization is expressly prohibited.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the World. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

JURISDICTIONAL ISSUES

This site is controlled and operated by ExtremeKids.com from its offices within the State of California, United States of America. ExtremeKids.com makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all ExtremeKids.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from ExtremeKids.com if in ExtremeKids.com's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other ExtremeKids.com site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ExtremeKids.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ExtremeKids.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THATTHIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ExtremeKids.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ExtremeKids.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall ExtremeKids.com be liable for any special or consequential damages that result from the use of, or the inability to use the materials in this site, even if ExtremeKids.com or a ExtremeKids.com authorized respesentative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ExtremeKids.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

If you have any questions about ExtremeKids.com's Terms and Conditions of Use, please email us at: merlin@extremekids.com.


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