for a while I just sit there, in the cooling shade of my favorite tree. everything is perfect. perfect as can be, under my favorite tree that loves and adores the company of me. soon I tire just sitting there, and so I start to climb up its smooth, brown bark...up into the branches so high. I start to slip, but it catches me, and lets me know I'm safe...even when the wind pushes me, and when I look out at the sky up high because its my favorite tree, that loves and adores me.

"favorite tree" sprite04
Close
WAKS FAVORITE

Terms of Use


Dear Member, Parent/Guardian of Member, Subscriber, or other user,

Thank you for visiting WhatAreKidsSaying.com (the “Site”). The Site is owned and operated by What Are Kids Saying LLC, a Colorado limited liability company with offices at 9227 E. Lincoln Ave., Suite #200, Lone Tree, Colorado, 80124 USA (the “Company”). Through the Site, the Company, together with its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors, and/or licensees (collectively, “we” or “us”), aims to implement its mission to use the Internet to help children reach their highest potential. We offer the Site to members, subscribers, sponsors, and other users (referred to as “you” or “user”) pursuant to the terms and conditions described in these Terms of Use (the “Terms of Use”). By accessing and using the Site, you, on your own behalf and on behalf of your children, if applicable, agree to these Terms of Use, which will be considered a binding, legal agreement between you and the Company. If you do not agree to these Terms of Use, please immediately discontinue your access to, and use of, the Site.

The Company reserves the right, in its sole discretion, to change these Terms of Use at any time and will publish a revised version of these Terms of Use on the Site. You are responsible for regularly reviewing these Terms of Use, and continued access to, and use of, the Site following any such change means you accept and will abide by the changes.

Ownership of Site and Site Content. We own, or have rights to use, the copyright in all elements of the Site and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights, and moral rights relating to the various elements of the Site, including, without limitation, the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audio visual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress, and stylistic convention of the Site (collectively, the “Site Content”). Your use of the Site does not give you ownership of any Site Content.

Consideration. You acknowledge and agree that your access to, and use of, the Site, the Site Content, and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms of Use.

Eligibility; User Information; Privacy Policy. The Site is not intended for use by persons under the age of seven. Individuals who are under the age of seven are expressly prohibited from visiting the Site, submitting to the Site, or posting any information to the Site. During your use of the Site, you may be asked to provide certain personalized information to us (“User Information”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. The Company’s information collection and use policies with respect to the privacy of such User Information are set forth in the Company’s Privacy Policy (“Privacy Policy”), which you may review by clicking on the following link: Privacy Policy. The Privacy Policy is incorporated into these Terms of Use for all purposes.

Use of Site Content. You may access and view the Site Content only for your personal use, provided that you do not remove or alter any copyright or other legal notices from the Site or any Site Content. You may not (except where the Company has given you express written permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.

Availability of Site. The Site maybe temporarily unavailable from time to time for maintenance or for any other reasons, including, without limitation, technical malfunction or other problems of any computer systems, servers or providers, or traffic congestion on the Internet. The Company will not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, the Site Content or any resulting injury or damage, including, without limitation, injury or damage to the user’s or to any other person’s computer. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF THE SITE OR SITE CONTENT OR THIRD-PARTY APPLICATIONS, SOFTWARE, OR CONTENT POSTED ON OR THROUGH THE SITE OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

User Submissions. We do not ask for, nor do we wish to receive, any confidential, secret, or proprietary information or other material from you through the Site, by email,or by any other means. If you post, upload, transmit, or submit any writings, photographs, or other materials or content, information, or ideas (“Your Content”) to the Company or the Site, you: (i) represent and warrant that Your Content is original to you, that no other party has any rights thereto, and that any “moral rights” in Your Content have been waived,and (ii) grant to the Company a non-exclusive, fully-paid, royalty-free,unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, create derivative works, sell, and otherwise use Your Content for any purpose the Company chooses, commercial or otherwise, in its sole discretion, without any compensation to you and in accordance with the Privacy Policy. We cannot be responsible for maintaining Your Content, and we may delete or destroy Your Content at any time. Accordingly, you should retain a copy of all of Your Content that is posted or stored on the Site.

Prohibited User Conduct. You are responsible for the content and consequences of any of your activities while you are visiting or using the Site. You warrant and agree that, while accessing or using the Site, you will not:

• Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Company;

• Insert your own or a third party’s advertising, branding, or other promotional content into any of the Site Content, materials, or services;

• Obtain or attempt to gain unauthorized access to any non-public information or other computer systems, materials, information, or any services available on or through the Site through any means;

• Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in, or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;

• Use the Site or its features and services in any manner that could interrupt, damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

• Use the Site or its services in violation of the intellectual property or other proprietary or legal rights of the Company or any third party or in violation of applicable law; or

• Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.

Links from the Site to a Third-Party Site. As a convenience for users, the Site may contain links to an Internet site maintained by a third party (“Linked Site”). You acknowledge and agree that the Company does not operate or control in any respect, or necessarily endorse, the information, content, policies, practices, products, services, advertising, or other materials that may be found on a Linked Site. When you link to a Linked Site, you become subject to its terms of use and privacy policy rather than to the Company’s, and the Company encourages all members-to-be to read the terms and conditions and privacy policy of each other website that you visit. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of a Linked Site and hereby waive any rights to bring a lawsuit for any loss or damage arising from, relating to, or concerning your use of any third-party website.

Links to the Site from a Third-Party Site. You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image or other content hosted on the Site by using an “in-line” linking method or other means to cause the image hosted by us to be displayed on another website or to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We may require that any link to the Site be discontinued, and we may revoke your right to link to the Site from any other website at any time.

Right to Monitor and Editorial Control. The Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site by users. The Company reserves the right at all times to disclose any User Information or other information as it deems necessary or appropriate to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that, in the sole discretion of the Company, are objectionable or in violation of these Terms of Use, the policies of the Company, or applicable law. We may also impose limits on certain features of the Site or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use or applicable law, or for any other reason without notice or liability.

Indemnification. You agree to indemnify and hold harmless the Company and its members, managers,affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Site in any way, your placement or transmission of any message, content, information, software, or other materials on, to, or through the Site or your violation of law or breach of these Terms of Use.

Trademarks. All trademarks, logos, service marks, and trade names (each a “Trademark”) displayed on the Site or on the Site Content are registered or unregistered Trademarks of the Company and/or others and may not be used unless authorized by the Trademark owner. Nothing contained on the Site is intended to, or should be interpreted to, grant any license or right to use any Trademark displayed on the Site.

Digital Millennium Copyright Act. If you are a copyright owner or an agent of such an owner and believe that any Site Content infringes upon your copyrights, please notify us in writing in accordance with the terms of the Digital Millennium Copyright Act and the terms and provisions set forth at the following link: http://www.copyright.gov/legislation/dmca.pdf. If the Company removes, or disables access to, Site Content and you believe that such removed or inaccessible Site Content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the Site Content, you may send a written counter-notice in accordance with the terms of the Digital Millennium Copyright Act and the terms and provisions set forth at the following link: http://www.copyright.gov/legislation/dmca.pdf

Virus Protection. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

General Disclaimer and Limitation of Liability. The Company controls and operates the Site from offices in the United States of America. The Company does not represent that the Site Content is appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and at your own risk. You are responsible for compliance with all applicable laws and restrictions regarding your access to, and use of, the Site. The Company specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Site.

THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, OR USEFULNESS OF SITE CONTENT, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, OR NON INFRINGEMENT, EACH OF WHICH IS EXCLUDED FROM THESE TERMS OF USE TO THE EXTENT PERMITTED BY LAW.

EXCEPT AS SET OUT BELOW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE SITE CONTENT, OR FOR ANY USER CONTENT OR OTHER INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IN THE AGGREGATE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY MEMBER, USER, OR OTHER PERSON ON OR THROUGH THE SITE, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER PARTY.

Termination. The Company may terminate, change, suspend, or discontinue any aspect of the Site at any time. The Company may restrict, suspend, or terminate your access to the Site if we reasonably believe or suspect you have acted inappropriately on the Site, you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. Additionally, the Company may terminate use or access privileges to the Site of users who are repeat infringers of intellectual property rights. If you do not agree to these Terms of Use or the Privacy Policy of the Company, you may discontinue your use of and access to the Site.

Terms of Use Last Updated: July 17, 2009