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SpaceKids Global Terms of Use
1. Introduction
SpaceKids Global operates a website, spacekids.global (the “Website”) and several web pages on other web sites (e.g., Facebook and LinkedIn) (“Third Party Sites,” and together with the Website, the “Sites”). The Sites are owned and operated by SpaceKids Global (“SKG”), a Florida 501(c)(3) corporation, which is located at 270 West New England Avenue, Winter Park, Florida 32789. If you have any questions regarding the Sites, they can be sent to the attention of our Executive Director at this address. You may also contact SKG by email at info@spacekids.global.
Through the Sites, you may, among other things, learn more about SKG and about issues surrounding childhood cancer, donate to fight childhood cancer or otherwise get involved with SKG through registering, fundraising and participating in events, including registering your lemonade stand, and participate on the SKG guestbook and user fundraising pages, including blog comments. We hope that you will enjoy our Sites and will visit us often. So that you may fully enjoy our Sites, we would like you to be aware of the rules that will govern your use of the Sites.
PLEASE READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF THIRTEEN IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THESE TERMS OF USE ON YOUR BEHALF. YOU INTEND TO BE, AND AGREE TO BE, LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE BY CLICKING THE BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THE SITES, THE SERVICES (AS DEFINED BELOW) OR PARTICIPATION IN ANY EVENT (AS DEFINED BELOW). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITES OR THE SERVICES OR TO PARTICIPATE IN ANY EVENT. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
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These terms of use is a contract between you and SKG and applies to all users of the Sites (the “Terms of Use” or “Terms”). In these Terms of Use, “you”, “User” or “your” means any person or entity using the Sites, provided that if such person is under the age of thirteen, “you” and “your” also includes such person's parent or legal guardian. Unless otherwise stated, “SKG”, “we” or “our” refers to SpaceKids Global, a Florida 501(c)(3) corporation, and its successors and assigns.
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THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST ALEX’S LEMONADE STAND FOUNDATION ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST ALEX’S LEMONADE STAND FOUNDATION IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
2. Amendments
We may amend or supplement these Terms of Use at any time. Please check these Terms of Use periodically. When we make changes to these Terms of Use, we may notify you of the changes by posting the revised version on the Sites. If you do not agree to the amended Terms, please do not use the Sites. Your continued use of the Sites following the posting of changes to these Terms of Use shall be deemed to be your acceptance of the revised version of the Terms.
3. Privacy Policy
Our Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into these Terms of Use by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we may notify you of the changes by posting the revised version on the Sites. If you do not agree to the amended Privacy Policy, please do not continue to access or use the Sites or utilize any Services. Any other posted guidelines or rules applicable to any individual use of the Sites, the Services or any particular Event will form part of these Terms.
4. Links to Other Websites
While SKG may provide links to the Sites and to other websites of unaffiliated third parties, these sites are not part of the Sites, and each has a different user agreement or terms of use. In addition, to the extent such linked websites are not owned or operated by affiliates of SKG, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our affiliated websites or any third party websites to whom we provide links. SKG is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by SKG of the website or content linked to. SKG ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS, INCLUDING WITH RESPECT TO YOUR PARTICIPATION IN EVENTS ORGANIZED, ADMINISTERED OR OPERATED BY THIRD PARTIES ASSOCIATED WITH SUCH THIRD-PARTY WEBSITES LINKED TO OUR SITES. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third-party websites. Furthermore, the trademarks used in connection with such third-party websites are not trademarks of SKG.
5. Ownership of Intellectual Property and Restrictions on Use of SKG Materials
All products, services, content, information displayed, performed or otherwise accessible through the Sites, including, without limitation, Webstore items, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “SKG Materials”) are the property of SKG, its partners, affiliates, third party licensors and suppliers and/or any of the successors and assigns of the foregoing (collectively, the “SKG Group”), and are protected, without limitation, by United States and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of these Terms of Use, the use of any SKG Materials on any other website or networked computer environment is prohibited.
These Terms of Use grant to you a limited license to access and use the Sites for your personal, noncommercial use, provided that this license is limited to the display of the SKG Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the SKG Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. Except as expressly provided above, you agree that no portion of the Sites may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the SKG Materials in a manner that suggests an association with any of our products. You may not make any modifications to any SKG Materials other than as expressly permitted by us. This limited license is non-assignable and non-transferable.
Without limiting the generality of the foregoing, you agree that you shall not (i) download or copy any of the Sites pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Sites for your own personal, non-commercial use; (ii) download or copy the Sites’ information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Sites or the SKG Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Sites or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Sites and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of SKG or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of SKG or its licensors.
SKG has the right to vary, modify, change or discontinue (i) any feature or function offered on the Sites; (ii) any part of or all of the Sites, including hours of availability and the Services provided; and (iii) to restrict access to parts of or all of the Sites from time to time with or without notice to you. SKG may make available and upgrade the Sites on the same terms and conditions as these Terms of Use and any such upgrades will form part of the Sites.
6. User Content
Certain areas of this Sites may permit you to send to SKG materials, information and other submissions. SKG values your feedback on the Sites, and to help us better understand your remarks, SKG requests that you be as specific as possible in your comments on the Sites. Upon submission, all content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to SKG or otherwise posted on the Sites shall be deemed to be, and shall remain, licensed to SKG. You hereby grant (or warrant that the owner of such rights has expressly granted) to SKG, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any additional compensation to you. Except as set forth in the Privacy Policy, none of the User Content shall be subject to any obligation of confidence on the part of SKG, and SKG shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, SKG may, but is not obligated to, use and publish the User Content at the Sites or elsewhere for purposes that include, without limitation, new or enhanced products or services, marketing and public relations.
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by SKG or its affiliates of any User Content.
You are responsible for all User Content posted by you. SKG HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. SKG does not and cannot review every submission by Users and is not responsible for, nor does it endorse the content of such submissions. However, SKG retains the right, but not the obligation, to review, edit or delete any User Content which SKG deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.
7. User Code of Conduct
The Sites are provided by SKG and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Sites. Users of the Sites acknowledge and agree that they may not:
Use the Sites in such a way as to offend or interfere with the use by anyone else of the Sites;
Upload, submit, publish, transmit, display, disseminate or otherwise communicate (or attempt to do any of the foregoing) any materials while connected to or otherwise using the Sites that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.
Use the Sites for any unlawful purpose, including attempting to or engaging in any criminal activity including, child pornography, stalking, sexual assault, harassment or fraud, or otherwise use the Sites to in any way harm minors;
Impersonate any other person or entity, falsely state such user’s affiliation with such other person or entity or submit any personal information to the Sites, about the user or others, that is not accurate or truthful;
Attempt to divulge another person’s or entity’s confidential or private information or trade secret;
Attempt to circumvent the security systems of the Sites;
Attempt to gain access to any other User's accounts or to SKG’s computer systems (Users should recognize that not all areas of the Sites may be available to you);
Attempt to harvest or otherwise collect information about other Users without their consent;
Attempt to use the Sites for any purposes other than those intended by SKG; or
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
SKG cannot and does not guarantee that other Users of the Sites will abide with the rules above or otherwise herein.
8. Use of Services
While accessing and using the Sites, from time to time SKG may provide you with certain services (“Services”), such as web page development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage, in certain cases in connection with fundraising events and activities in which you may engage. Such Services are provided subject to the Terms of Use.
SKG reserves the right to establish general practices and limits concerning the Services and user accounts at any time, and may modify such practices and limits at its sole discretion. SKG shall have no responsibility or liability in connection with the Services, including in relation to any deletion or failure to store your information, pictures, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of SKG.
SKG reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, any one or more of the Sites or the Services (or any part thereof) with or without notice. You agree that SKG shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any Sites or Services.
9. Your Obligations
In exchange for receiving the Services, you agree that you will not use the Services for any purpose other than in connection with helping SKG fulfill its mission, which is to change the lives of children with cancer through funding impactful research, raising awareness, supporting families, and empowering everyone to help cure childhood cancer. Furthermore, you agree to use the Services in accordance with all of the Terms.
You may select a log-in and password upon completing the user account's registration process for which you are responsible for maintaining the confidentiality. In addition, you accept full responsibility for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify SKG of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.
10. Termination of Services
You agree that SKG may, in its sole discretion, immediately terminate any associated email addresses or links without any prior notice. Causes for such termination may include, but not be limited to, (i) breaches or violations of these Terms of Use, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions) or written statement that you no longer wish to be bound by these Terms of Use, (iv) discontinuance or modification to the Services (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites, (viii) completion of the SKG event or program in which you are participating, and/or (ix) any other reason reasonably considered by SKG to be in its best interest.
Termination of your SKG account may include, at SKG 's sole discretion, (i) removal of access to all offerings within the Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of the Service.
You also agree that SKG shall not be liable to you or any third-party for any termination of your access to the Services. Upon termination, SKG will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to SKG with respect to the Services terminated, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.
11. Participation in Events Waiver
From time to time, you may choose to register for and engage in events, activities, challenges, competitions and other fundraising and related programs (collectively, the “Events”) through the Sites, including but not limited to, holding galas, participating in runs or races, golf outings and other activities to raise money and awareness of SKG and its mission. SKG appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.
WAIVER, INDEMNITY AND RELEASE OF LIABILITY:
You acknowledge, agree and understand that while participating in any Event or in fundraising events, competitions, and other related activities, you may be using public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.
In consideration of the acceptance of the Services provided by SKG in connection with any such Event, you assume full and complete responsibility for any injury or accident which may occur during your participation in any Event, and you hereby release, indemnify and hold harmless the SKG and its affiliates and all SKG employees, directors, vendors and other persons and entities associated with this event (all individually and collectively known as “ releasees”), from any and all claims, losses, injuries, and liabilities, or damages (collectively, “Damages”) that you have or may have in the future based upon any acts or omissions, whether known or unknown, relating to, arising out of, or in connection with, any such Event, WHETHER SUCH DAMAGES BE CAUSED BY YOU OR BY THE NEGLIGENCE, OF ANY DEGREE, OF SKG, ITS AFFILIATES OR EMPLOYEES OR OTHER PERSONS OR ENTITIES ASSOCIATED WITH ANY SUCH EVENT . These Terms of Use may not be modified orally or in writing by any individual. Your participation in any Event is at your own risk.
You acknowledge, agree and intend by the foregoing Waiver and Release of Liability to release in advance, and to waive your rights and to discharge all of the releasees (as defined above), from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES , from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.
You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by SKG and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.
On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the Release and Waiver of Liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN , to the fullest extent permitted by law.
By registering for any Event, continued use of the Sites or any Services in connection with any Event, or selecting the “I AGREE” button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.
12. Spam
The publication of electronic mail addresses on the Sites is to facilitate communications relating to the functions of the Sites and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. You agree that you will not spam or otherwise send unsolicited mailings to any person or entity using the Sites.
13. Disclaimers
THE USE OF THE SITES OR THE SERVICES OR PARTICIPATION IN ANY EVENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND THE SKG MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALSF GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITES, THEIR CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES, OR ASSOCIATED WITH THE USE OF THE SITES, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
THE SKG GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVICES, THE SKG MATERIALS, OR ANY WEBSITE TO WHICH THE SITES ARE LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITES OR THE SERVICES AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE TO AN SKG REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, THE SKG GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE SKG GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SITES, THE SERVICES OR THE ALSF MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITES AND ANY ALSF MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE SITES. IF YOUR USE OF THE SITES OR THE ALSF MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE ALSF GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
14. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE SKG GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE SKG MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE SKG GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SKG IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITES.
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. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SKG GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE SKG MATERIALS OR FUNCTIONS AT THE SITES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE SITES OR (II) $100.
NOTWITHSTANDING THE GENERALITY OF THE ABOVE, ALSF DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY SKG'S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF SKG.
15. Indemnity
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE ALSF GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE SKG GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SITES AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY GIFT SHOP ITEM; (IV) YOUR USE OF THE SERVICES; (V) YOUR PARTICIPATION IN ANY EVENT; AND/OR (VI) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH SKG IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
16. Jurisdictional Issues and Dispute Resolution
This Website is controlled, operated, hosted and served by SKG in the state of Florida, USA. If you choose to access and use this Website or the other Sites from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Except as otherwise provided in the Arbitration Agreement below, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of these Terms of Use are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts of the state of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use.
17. ARBITRATION AGREEMENT
YOU AND SKG AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
17.1. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and SKG agree that any controversy, claim, action, or dispute (“Dispute”) between the parties or arising out of these Terms of Use or any use of the Sites or the Services will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
17.2. Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any claim or Dispute to SKG by contacting the SKG at 1-407-629-2630 to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your claim or Dispute cannot be resolved within 60 days.
Both you and SKG agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
17.3. Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after acceptance of the Terms of Use. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to SKG at info@spacekids.global or by sending a letter to SKG, Attn: Executive Director. You should include your printed name, mailing address, and the words “Reject Arbitration.”
17.4. Right to Bring Small Claims in Court. Instead of arbitration, either you or SKG may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
17.5. How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. SKG also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the state of Florida. The terms of the Arbitration Agreement provisions shall survive after your relationship with SKG and/or use of the SKG Sites. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
18. Waiver of Jury Trial and Class Actions
BY ENTERING INTO THESE TERMS OF USE, YOU AND ALSF ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ALSF BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ALSF BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CAUSE OF ACTION, THEN THAT CAUSE OF ACTION (AND ONLY THAT CAUSE OF ACTION) MUST REMAIN IN COURT AND BE SEVERED FROM ANY ARBITRATION.
19. Final Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site ( http://www.the-dma.org/). It contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
20. General Provisions
These Terms of Use and our Privacy Policy (or any previous Privacy Policy) contain the entire understanding between you and SKG in connection with your access and use of the Sites. If any provision of these Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of these Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of these Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from these Terms of Use. Your use of the Sites or the Services or your participation in any Event is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and SKG other than that of independent contractors. These Terms of Use may not be assigned by you.
PLEASE VIEW OUR PRIVACY POLICY. >
21. Current and Prior Versions of These Terms
The Terms were last revised and posted February 1, 2022, and effective on that date.