Terms of Use Agreement

This Agreement, Terms of Use, (this “Agreement”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Diplomakids, Inc. (“Diplomakids” or “us” or “we”), concerning your access to and use of the Diplomakids website (the “Website”). The Website allows (collectively, the “Services”): (i) users (“Users”) to create a profile of their child or loved one and to share that information and/or a link to it with their family, friends, and invitees for the purpose of receiving contributions for their child’s or loved one’s college savings fund (“Donees”), (ii) donors (“Donors”) to make contributions to the college savings funds designated by Users and (iii) persons interested or curious about college savings to consume information and become informed of various options and other services offered by us or through us. The Services are hosted in the United States.

  • Accepting the Terms.
    By using the information, tools, features, functionality and other Services of the Website, you agree to be bound by this Agreement, whether you are a visitor (which means that you simply browse the Website) or you are a User or Donor. If you wish to become a User or Donor you must read this Agreement and indicate your acceptance during the applicable registration process.
  • User Eligibility.
    By using the Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate, including without limitation, the existence of and account information regarding the college savings fund you have established; (b) you will maintain the accuracy of such information; (c) you are of legal age to form a binding contract with Diplomakids; and (d) your use of the Services does not violate any applicable law or regulation. Before you continue, you should print or save a local copy of this Agreement for your records.
  • DoneeEligiblity.
    In order to receive donations, you must be a valid User. Then, you must also have an active 529 plan established and on file with Diplomakids. Diplomakids will not accept funds from any Donor until the Donee requirements are satisfied.
  • User/Donor Representations and Warranties.
    You are entirely responsible for the content of, and any harm resulting from, your postings to the profile created for your child or loved one, the privacy settings you set for your account as well as the existence of any account information regarding the college savings fund you have established for your child or loved one (collectively, the “Account Information”). When you create or make available Account Information, you thereby represent and warrant that:
    1. he creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Account Information does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, or trade secret rights, of any third party;
    2. you are the parent or legal guardian of the actual living child who’s Account Information is being provided in connection with the Services or have received the express consent of the parent or legal guardian of the child who’s Account Information is being provided in connection with the Services to use the Account Information of such minor, and we reserve the right to request confirmation of these terms including but not limited to Birth Certificates, Social Security Numbers, etc.;
    3. you have fully complied with any third-party licenses relating to your Account Information, and have done all things necessary to successfully pass through to viewers any required terms;
    4. your Account Information does not contain any viruses, worms, Trojan horses, malicious code, or other harmful or destructive content;
    5. your Account Information is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not include any sexual or nude information or images, does not violate any applicable law, regulation or rule, and does not violate the privacy or publicity rights of any third party;
    6. your Account Information does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
    7. your Account Information does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Diplomakids’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
    8. your Account Information does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
    9. our Account Information does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Diplomakids in our sole discretion.
  • Privacy and your Account Information.
    For information about Diplomakids’s data protection practices, please read Diplomakids’s Privacy Policy , which is hereby incorporated into this Agreement. This policy explains how Diplomakids treats your personal information when you access the Website and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.
  • Prohibited Activities.
    You may not access or use the Website for any other purpose other than that for which Diplomakids makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Account Information, as determined by Diplomakids in our sole discretion. Prohibited activity includes, but is not limited to:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, stalking, spamming, copyright infringement or theft of trade secrets;
    2. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    3. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
    4. using any information obtained from the Website in order to harass, abuse or harm another person; and
    5. using the Website in a manner inconsistent with any and all applicable laws and regulations.
  • Passwords.
    When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
  • Fees.
    In order to make a donation, you must select a qualified Donee. A qualified Donee shall be a valid User with an established and active 529 plan.Donations are allowed in any amount of U.S. Dollars up to a maximum donation of one hundred dollars ($100.00), per donation. Each multiple of one hundred dollars ($100.00) will be treated and charged as a separate transaction. A transaction fee of three dollars and ninety-nine cents ($3.99) will be assessed per donation.
  • Deposits and Redemptions.
    Users and Donors hereby acknowledge and agree that contributions held in a Diplomakids account for longer than 30 days shall be subject to automatic deposit to the college savings fund held on file with Diplomakids. However, no deposit can be made until the Donee establishes a qualified 529 Plan.
  • Refunds.
    Diplomakids may from time to time accept donations for Users that have changed their registered 529 Plan account. If a deposit fails due to an invalid 529 Plan account, Diplomakids will hold the funds until the next deposit cycle and make another attempt to deposit. After the third failed attempt to deposit, the Donor funds will be refunded to the Donor.
  • Intellectual Property Rights.
    1. Rights You Grant to Us.
      By submitting Account Information to Diplomakids through the Service, you are licensing that content to Diplomakids solely for the purpose of providing the Service. Kids may use and store the content, but only to provide the Service to you.
    2. Diplomakids’s Intellectual Property Rights.
      The contents of the Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Website belong or are licensed to Diplomakids or its software or content suppliers. Diplomakids grants you the right to view and use the Website subject to these terms. You may download or print a copy of information provided on the Website for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Website in whole or in part for any other purpose is expressly prohibited without our prior written consent.
  • Diplomakids’s Right to Manage the Website and Terminate Users/Donors.
    1. Diplomakids’s Website Management.
      Diplomakids reserves the right but does not have the obligation to: (i) monitor the Website for violations of this Agreement; (ii) take appropriate legal action against anyone who, in Diplomakids’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (iii) in Diplomakids’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User’s or Donor’s Account Information or any portion thereof that may violate this Agreement, any applicable law, or any policy of Diplomakids; (iv) in Diplomakids’s sole discretion and without limitation, remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Diplomakids’s systems; (v) terminate the accounts of repeat infringers and offenders; and (vi) otherwise manage the Website in a manner designed to protect the rights and property of Diplomakids and others and to facilitate the proper functioning of the Website.
    2. Diplomakids’s Right to Terminate Users/Donors.
      WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, DIPLOMAKIDS RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
  • Term.
    This Agreement shall remain in full force and effect while you use the Services or are a User or Donor. You may terminate your use or participation at any time, for any reason, by emailing us. In the event you close your account, we will transfer the balance in the account to a 529 plan of your choice. Certain minimums apply and some Diplomakids promotional programs may require minimums for transfer. If you do not have a 529 plan, we will refund any monies paid by you or gifted to you, directly to the parents or guardians (in their joint names if appropriate) of the child, less any fees, including a closure fee if the amount is less than one hundred dollars ($100.00), less promotional discounts, or other special or promotional funds in your account that may apply. A closure fee of twenty-five dollars ($25) will be assessed for any refunds below one hundred dollars ($100.00). Diplomakids may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect.
  • Non-Commercial Use by Users.
    The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Diplomakids. You shall not do the following without the express written consent of Diplomakids: (a) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the Website.
  • Copyright Policy.
    Diplomakids will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Website infringes upon your copyrights, you may submit a notification. See more information on the Digital millennium Copyright policy below.
  • Modifications.
    Diplomakids may modify this Agreement from time to time. Diplomakids will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
  • Disputes Between Users.
    You are solely responsible for your conduct. Diplomakids reserves the right, but has no obligation, to monitor disputes between you and other users.
  • Not a Financial Planner, Broker or Tax Advisor.
    DIPLOMAKIDS DOES NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. DIPLOMAKIDS IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in collecting funds for a child’s college savings fund. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. In addition, nothing on the Service should be construed as an offer to sell, or a solicitation of an offer to buy a security, a recommendation for any product or service by Diplomakids or any associated third party, or a suggestion regarding the purchase, holding or sale of securities.
  • Alert Disclaimer.
    You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Diplomakids does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Diplomakids shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
  • Third-Party Advertisers.
    Diplomakids may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Diplomakids, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Diplomakids is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
  • Safe Harbor Copyright Act.
    Diplomakids respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Diplomakids makes available on its and its affiliates’ websites. Diplomakids will respond to allegations of copyright violations in accordance with the Digital millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement.

    To File a Notification of Infringing Content

    A written notification must be made. This can be done either by email or written letter (regular U.S. mail or courier) or to our DMCA Agent at:

    Diplomakids
    301 South Sunnylane Road
    Del City, OK 73115

    Please include the following information in your notice:

    1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
    2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
    4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
    5. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law";
    6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    7. Your physical or electronic signature (i.e., "/s/ [print name]"); and
    8. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)

    Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.

    DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.

    To file a counter-notification

    If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:

    1. List the material that was removed by the Diplomakids administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;
    2. Provide your name, address, telephone number, email address (if available);
    3. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Oklahoma City, Oklahoma if your address is outside of the United States);
    4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
    5. State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
    6. Your physical or electronic signature (i.e., "/s/ [print name]").

    Send the written document to the designated DMCA Agent at Diplomakids:

    Diplomakids
    301 South Sunnylane Road
    Del City, OK 73115

    COPYRIGHT AND CONTENT USAGE FAQ

    What is copyright and why does it matter?

    Copyright is a form of legal protection given to authors of original works such as literary, dramatic, musical, artistic, graphic, photographic, software and certain other intellectual works. The copyright owner has the exclusive right to reproduce the work, make new works based on the work, distribute copies, and perform or display the work, during the duration of copyright protection, subject to very limited fair use rights of others to use only such amount as necessary to exercise fair use rights. You should assume all third party content is protected by copyright unless you have determined otherwise with the assistance of legal counsel and you should not rely on fair use except pursuant to advice of legal counsel. You can, however, seek a permission or license to use third party copyright protected content and once obtained will have the right to do so subject to the terms and conditions thereof. Please be aware that all information and content is not capable of copyright. If you believe you have an infringement issue, then you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes prior to reporting your notice of infringement.

    What if I discover I submitted or posted content that includes materials I was not authorized to use?

    The Terms of Use require you to notify us immediately with the following information:

    1. Identification of your User Content and information reasonably sufficient to permit us to locate the material;
    2. Identification of all aspects of your User Content for which you lack sufficient authority to grant us the rights granted above with sufficient detail to enable us to identify and remove, delete or disable such aspects;
    3. A statement under penalty of perjury that your notice is complete and accurate and that remainder of such User Content is free from any infringement of third party rights;
    4. Your physical or electronic signature (i.e., "/s/ [print name]").

    Such notice shall be sent to us by e-mail or written letter (U.S. mail or courier) at:

    Diplomakids
    301 South Sunnylane Road
    Del City, OK 73115

    How can I learn more about copyrights?

    There are many available resources on the Internet. Diplomakids is not responsible for the content provided by these resources, but we have found the following to be informative:

    Copyright law is explained by the U.S. Copyright Office
    here: http://www.copyright.gov.

    A commercial site offering information & services about
    copyright:http://www.benedict.com

    A non-profit that helps copyright owners offer their content pursuant to a license whereby certain free use by others is permitted is:http://www.creativecommons.org

    Many universities maintain useful public information regarding copyrights, including: http://www.law.cornell.edu/wex/index.php/Copyright

    http://fairuse.stanford.edu/

    What rights do I need to have to post content on the Site?

    In addition to permission from third party copyright owners to make use of their video, works of art (including sculptures even if visible in public places), music, graphics, photographs, software and other intellectual property, we require you to obtain permission to depict any persons (except for crowd shots in public places).

    When you post content you have agreed that you have all necessary third party permissions and licenses pursuant to our Terms of Use.Failure to do so subjects you to suspension or termination of your account and liability to us and to third parties.

    How do I make a DMCA notification or counter-notification?

    Please follow the instructions at our DMCA Notice and Policy section precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.

    How does Diplomakids determine who "wins" and "loses"?

    Diplomakids does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.

    Can I sign notifications and counter-notifications with my Diplomakids Online Services user name (if applicable)?

    We will not accept notices that are not signed by a real legal person. The DMCA process is a real-world process with real-world ramifications.

    I don’t agree with the required statements. Do I have to state these things?

    We will not accept notices under the DMCA that do not include the statements required by the DMCA.

    Can you change the DMCA process?

    The Digital Millennium Copyright Act is federal law, passed by the United States Congress. Diplomakids does not have the power to change congressional acts.

    Why is Diplomakids imposing liability for damages for false claims of copyright infringement?

    The liability for damages for false claims is a provision of the DMCA, which was not written by Diplomakids. Note that these damages and legal fees can be significant, for example see. http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.

    Can Diplomakids give me legal advice concerning my claim?

    Diplomakids cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.

    Do you terminate accounts based on DMCA claims?

    If Diplomakids believes that a user of Its Services is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party’s account. Keep in mind though, that Diplomakids’ actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.

    Where can I find more information about the DMCA?

    There are many available resources on the Internet. Diplomakids is not responsible for the content provided by these other resources, but we have found the following to be informative:

    A summary of the Digital Millennium Copyright Act can be found at:
    http://www.copyright.gov/legislation/dmca.pdf

    The text of the Digital Millennium Copyright Act can be found here:
    http://www.copyright.gov/legislation/hr2281.pdf

    The U.S. federal copyright code is here: http://www.copyright.gov/title17/92chap5.html

  • Disputes with Diplomakids; JURY TRIAL WAIVER.
    All disputes arising out of or relating to this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your access to or use of the Account Information and the Website, including without limitation your or others; downloading or consumption of any materials available by means of the Website or third-party websites, your uploading Account Information to the Website, or your purchasing of goods or services from third parties, will be exclusively resolved by a court of competent jurisdiction in Oklahoma City, Oklahoma. Notwithstanding the foregoing, Diplomakids will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights. In the event of litigation, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Oklahoma County, Oklahoma. This Agreement will be interpreted exclusively by Oklahoma law. THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
  • Disclaimers.
    Diplomakids cannot control the nature of the content available on the Website. By operating the Website, Diplomakids does not represent or imply that Diplomakids endorses any blogs, Account Information, or other content available on or linked to by the Website, including without limitation, content hosted on third party or advertiser websites, or that Diplomakids believes the Account Information, blogs or other content to be accurate, useful or non-harmful. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIPLOMAKIDS, ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DIPLOMAKIDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF DIPLOMAKIDS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. DIPLOMAKIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIPLOMAKIDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  • Limitation of Liability.
    IN NO EVENT SHALL DIPLOMAKIDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIPLOMAKIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIPLOMAKIDS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIPLOMAKIDS FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE.
  • Indemnity.
    You agree to indemnify and hold Diplomakids, its subsidiaries and affiliates, and their respective officers, managers, members, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your Account Information, use of the Services or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Account Information that you post to the Website or through the Services causes Diplomakids to be liable to another.
  • Disclaimer
    Under no circumstances will Diplomakids or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Account Information or content posted on the Website or transmitted to Users or Donors, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Diplomakids expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Diplomakids cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice.
  • Other.
    This Agreement constitutes the entire agreement between you and Diplomakids regarding the use of the Services. The failure of Diplomakids to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
  • Miscellaneous
    Diplomakids uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Diplomakids is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that Diplomakids has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.