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Terms of Use for KaBOOM.org

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE BROWSING OR PARTICIPATING IN ANY ONLINE FORUM AVAILABLE ON KaBOOM.ORG OR REGISTERING YOUR PROJECT ON THIS SITE. BY USING, PUBLISHING AND PARTICIPATING ON KaBOOM.ORG OR ANY ONLINE FORUM ON KaBOOM.ORG, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. KaBOOM! RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO STAY AWARE OF ANY MODIFICATIONS TO THESE TERMS OF USE. BY CONTINUING TO ACCESS THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM. YOU MUST BE 13 YEARS OF AGE.

You acknowledge that by accepting these Terms of Use and completing the registration process, you are becoming a member of KaBOOM!

KaBOOM! Materials
All content on this Site, including art work, graphics, images, text, digitally downloadable files, trademarks, and the compilation of the foregoing (“KaBOOM! Materials”) is the property of KaBOOM! and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including content you post to this site ("Posted Materials"), trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by KaBOOM! subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.

KaBOOM! assumes no responsibility regarding the accuracy of the KaBOOM! or Posted Materials and use of such materials is at your own risk. In consideration for your agreement to the terms and conditions contained here, KaBOOM! grants you a personal, non-exclusive, non-transferable license to access and use the site. You may download KaBOOM! and Posted Materials from the site only for your own personal, non-commercial use in accordance with KaBOOM!'s mission and purpose. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the site is permissible rests with User. You further agree not to display or use any KaBOOM! or Posted Materials or other third party content located on the site in any publications, for any commercial purpose, in violation of laws (including trademark, copyright, and rights of publicity and privacy laws), in a manner that misuses KaBOOM! or Posted Materials, or in any other manner that disparages or discredits KaBOOM! and/or its licensors, that dilutes the strength of KaBOOM!’s or its licensor’s property, or that otherwise infringes KaBOOM!’s or its licensor’s intellectual property rights.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please refer to the KaBOOM! Proprietary Rights Complaint Process page.

Forum Rules of Conduct
You understand that Forums include message boards and/or other communication tools designed to enable member-to-member or member-to-site interactivity for personal, recreational and informational purposes related to the mission and purpose of KaBOOM!. You agree to use this site, and its Forums in a manner consistent with the mission and purpose of KaBOOM! and in accordance with all applicable laws. Your submission of Posted Content and your use of interactive features is subject to these Terms, and the following guidelines. Users found in violation of these Terms may have their access to the Site restricted by KaBOOM!.

1. No Illegal, Infringing or Abusive Content or Conduct : You understand and acknowledge that you are responsible for your Posted Materials and any other materials or information you submit to KaBOOM! or post on this site, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, defamatory, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to KaBOOM! about other users.

2. No Violations of Third Party Rights : You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of KaBOOM!, and will not access or attempt to access the account of a third party. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

3. No Commercial or Partisan Political Use : Because KaBOOM! is a nonprofit, tax-exempt organization, you agree that you will not use the site for organized partisan political activities. You understand that this site is not a commercial site, and agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, directing readers to a location for more information about a product or service, or any other form of commercial solicitation.

4. No Confidentiality : The nature of this site is interactive and public. By submitting Posted Materials or using any interactive features of this site, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, or other materials you transmit to KaBOOM! may be used by KaBOOM! anywhere, anytime, and for any reason whatsoever.

5. No Viruses, Corrupting Files, or Interference : You agree that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or features of the site.

Although KaBOOM! does not routinely screen or monitor content posted by users to the site, KaBOOM! reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so. If you have questions/concerns about content you see posted in KaBOOM! forums, contact webmaster@kaboom.org .

Take care when giving out personal information, such as your full name, e-mail address, street address, phone number or KaBOOM! account information in your profile or postings. Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by KaBOOM! or other unwanted communications. KaBOOM! disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in your profile or your postings.

Your Account

In order to access certain areas of this site, you may need to create a password-protected account. You are responsible for maintaining the confidentiality of your username and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. KaBOOM! reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. As part of the registration process, you must select a user name. The information that you supply during the registration process must be accurate and complete and you agree to not (i) register under the name of another person; (ii) choose a user name that KaBOOM! deems offensive; (iii) choose a user name for the purposes of deceiving or misleading Forums members and/or staff as to your true identity; or (iv) choose a user name that incorporates a solicitation (e.g., yoursitedotcom, yourproduct.com, yourplaceofbusiness, isellplaygrounds). You agree to not impersonate any other person, including any other KaBOOM! Forums member, any KaBOOM! Forums Host or any KaBOOM! staff.

Ownership of Posted Content and License Thereto

After submitting Posted Materials, you continue to retain ownership rights in such Posted Materials, however by submitting the Posted Materials to this site, you agree to the following license terms as described below. You also agree that KaBOOM! may delete any Posted Materials that in the sole judgment of KaBOOM! violates these Terms, and KaBOOM! makes no representations or warranties that your Posted Materials will be included or available on the site.

1. Scope of License : By displaying, publishing, or otherwise submitting any Posted Materials on or through the site, you hereby grant to KaBOOM! a limited, non-exclusive, sub-licensable, worldwide, fully-paid, perpetual, irrevocable, fully assignable, royalty free license to use, modify, publicly perform, publicly display, reproduce, adapt, publish, translate, edit, reformat, create derivative works from, and distribute such Posted Materials, throughout the world for any purpose and in any media whether now or hereafter created. You are also granting to KaBOOM.org the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Posted Materials, as well as the right to attribute your Posted Materials to you.

2. Representations : You represent and warrant that you own the Posted Materials displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or submission of your Posted Materials does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Posted Materials displayed, published or posted by you to the site. Except for your Posted Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Posted Materials appearing on this site

3. Cooperation in Event of Infringement Claim : You agree that, if a third party claims that your Posted Materials are unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although KaBOOM! does not monitor the content of the sites, KaBOOM! has the right to remove material from the site, block access, or take other action in its sole discretion, although KaBOOM! is under no obligation to do so.

Representations, and Limitations of Liability
KaBOOM! is not responsible for the information, data, text or other materials that may appear in Posted Materials. Opinions expressed in Posted Materials do not necessarily reflect the opinions of KaBOOM!, and KaBOOM! does not endorse and has no control over Posted Materials. Posted Materials are not necessarily reviewed by KaBOOM! prior to posting and KaBOOM! makes no warranties, express or implied, as to the Posted Materials or to the accuracy and reliability of the Posted Materials.

KaBOOM! makes no representations about the reliability of the features of this site, the Content, Posted Materials, the Forums, or any other site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. KaBOOM! makes no representations regarding the amount of time that any Content or Posted Materials will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KaBOOM! BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL KaBOOM! BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KaBOOM!'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S CONTENT. In no event shall KaBOOM!’s total liability for all damages, losses, and causes of action exceed five dollars (US $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Links to Other Sites.
KaBOOM! may include hyperlinks to websites maintained or controlled by others. KaBOOM! is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. In addition, participants in KaBOOM! Forums may include hyperlinks to websites maintained or controlled by others. KaBOOM! is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any products or services that may be offered at these websites.

Indemnification.
Except with respect to governmental entities to the extent that, pursuant to applicable law, such governmental entity is prohibited from agreeing (or does not have the requisite authority to agree) to be bound by the following provision: You agree that you will be responsible for any damages resulting from any violation of these Terms. You further agree to indemnify and hold KaBOOM! and its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these Terms, or any violation of any law or the rights of a third party that occurs in connection with your use of this site or the Forums.

Indemnification
Except with respect to governmental entities to the extent that, pursuant to applicable law, such governmental entity is prohibited from agreeing (or does not have the requisite authority to agree) to be bound by the following provision: You agree to indemnify and hold KaBOOM!, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms or any violations thereof by your dependents.

Miscellaneous

Both you and KaBOOM! acknowledge and agree that no partnership is formed and neither of you nor KaBOOM! has the power or the authority to obligate or bind the other.

This Agreement will be governed by and construed in accordance with the internal laws of the District of Columbia. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and KaBOOM!, and is accepted by you upon your use of the site. These Terms constitute the entire agreement between you and KaBOOM! regarding the use of the site.