The Country Playhouse Learning Center Inc.
Terms and Conditions
The Country Playhouse Learning Center Inc, (“TCPLC”) Web Site (“Site”) is only for use by TCPLC Clients and Employees accessing the Site in general or with their unique user name and password (“Password”) provided to them by TCPLC where needed (“Kidzcam”).
If you are not an Authorized User where a unique user name and password is needed, you are not authorized to enter the Site and any attempt to do so will subject you to the full penalties of the law.
1. Legal Terms and Conditions
This page states the Terms and Conditions under which you, the User/Authorized User, may access this Site. Please read this page carefully. By accessing or using your Password to access the Site, you expressly agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use this Site.
2. User Name and Password
You are responsible for maintaining the confidentiality of your user name and Password and are fully responsible for all activities that occur under your Password. You agree to (a) immediately notify TCPLC If of any unauthorized use of your Password, account, or any other breach of security; and (b) ensure that you exit from your account at the end of each session. TCPLC cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3. Use of Site Material
The contents of the Site, such as text, graphics, images, and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose, except for those purposes specifically outlined herein. Use of the Site Material on any other web site or in a networked environment is prohibited.
4. Interstate Nature of Communications
You acknowledge that when using the Site, you will be causing communications to be sent through TCPLC’s computer networks. As a result, and also as a result of TCPLC’s network architecture and business practices and the nature of electronic communications, even communications that appear to be intrastate in nature, can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms and Conditions, you acknowledge that use of the service results in interstate data transmissions.
5. Limited License
TCPLC grants to you a non-exclusive, non-transferable license to access the information contained on this Site (hereinafter “Information”). Such access is solely limited to activities directly related to fulfilling your obligations as a CLIENT OR EMPLOYEE. You may not copy, transfer or otherwise utilize any proprietary information contained in the Information for any purpose other than those required by your position as a CLIENT OR EMPLOYEE..
You further understand that the Site contains proprietary information which is confidential and expressly agree not to disclose this confidential information to third parties or to use the confidential information for non-confidential purposes or purposes not directly required by your pre-existing relationship with TCPLC.
6. Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, data compilations, Information, and software, is the property of TCPLC and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TCPLC and protected by United States and international copyright laws. The content and Information may not be distributed, copied or displayed, reproduced or transmitted, in any form or by any means mechanical, electronic, photocopying, recording or otherwise, unless the use directly relates to your duties as a CLIENT OR EMPLOYEE of TCPLC, or you have previously obtained written permission from an authorized officer of TCPLC.
7. Trademarks
All of the trademarks used on the Site (hereinafter “Trademarks”) are owned by TCPLC, its affiliates, or third parties (hereinafter “Trademark Owners”). You are prohibited from using any of the Trademarks without the prior express written consent of the respective Trademark Owners. From time to time, TCPLC makes fair use in this Site of trademarks owned and used by third parties. Any such marks are clearly noted, and TCPLC makes no claim to ownership of those marks.
8. User Submissions
TCPLC welcomes your remarks, suggestions, ideas, graphics, or other information (hereinafter collectively referred to as “Submissions”) that you submit to TCPLC through the Site; however, you acknowledge that upon receipt by TCPLC, your Submission shall be deemed and shall remain TCPLC’s property. Upon your transfer of your Submission to TCPLC, you assign to TCPLC, and TCPLC shall exclusively own all now known or hereafter existing rights to such Submission of every kind and nature, including, but not limited to product or advertising ideas, throughout the universe and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
As a user of this Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to TCPLC material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; send material that reveals trade secrets, unless you own them or have permission of the owner to reveal them; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; impersonate another person; or submit and transmit false and inaccurate data and information.
TCPLC reserves the right to expel users and prevent their further access to this Site for violating these terms or the law and reserves the right to remove any communications from this Site. The violation of any of the terms or conditions set forth on this Legal Terms and Conditions page shall result in the immediate revocation of your license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
9. Limitation of Liability
Although TCPLC strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. TCPLC makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using the Site. You use the Site and Site Material at your own risk.
TCPLC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TCPLC SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS SITE AND THE SITE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TCPLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH TCPLC STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages
IN NO EVENT SHALL TCPLC, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TCPLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Links
This Site contains links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by TCPLC of the contents on those other sites. TCPLC is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Site, you do so at your own risk.
12. Indemnity
By using this Site, you agree to defend, indemnify, and hold harmless TCPLC, its officers, directors, employees and agents, from and against all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that TCPLC may become obligated to pay arising or resulting from your use of the Site Material, Information or your breach of these Terms and Conditions. TCPLC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
13. Modification of the Terms and Conditions
These Terms and Conditions shall not be modified or amended by you, or any custom and usage of the trade or course of dealing, except by written instrument, signed by an authorized officer of TCPLC. TCPLC reserves the right to change the terms, conditions and notices under which the Site and services are offered, including but not limited to the changes associated with the use of the Site and services. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Site certifies your agreement to all such terms, conditions, and notices.
14. Miscellaneous
TCPLC does not warrant that the Site Materials on this Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of Washington, without respect to its conflict of laws principles. You agree that the District Court in and for the State of Washington shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Agreement, and you shall consent to the jurisdiction of Pierce County, Washington with respect to any dispute, disagreement, or cause of action related to or involving this Site.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, these Terms and Conditions constitute the entire agreement between you and TCPLC with respect to your use of the Site.