Privacy Policy

terms of use

Last Revised: January 29, 2012
‍PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
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‍These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of Kids’ Nite Out Across America® or its franchisees, subsidiaries and affiliated companies (collectively, “KNOAA”), including KidsNiteOut.org and any other site, mobile application or online service where these Terms of Use are posted (collectively, the “Sites”).  These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with KNOAA for products, services or otherwise.  If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and KNOAA for violations of these Terms of Use.  This agreement contains disclaimers and other provisions that limit our liability to you.In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern.  However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site. While we make reasonable efforts to provide accurate and timely information about Kids’ Nite Out Across America® on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about KNOAA. In particular, if you are making an investment decision regarding KNOAA, please consult a number of different sources. KNOAA reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion.  Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites.  If you do not agree to the amended terms, you must stop using the Sites.

‍Eligibility, Registration and Account
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13.  If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.In order to participate in certain areas of our Sites, you will need to register for an account.  You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify KNOAA if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

‍Privacy
Please read the Privacy Policy carefully to understand how KNOAA collects, uses and discloses personally identifiable information from its users.

‍Terms of Sale
All sales from the Sites are governed by KNOAA Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from KNOAA.  By ordering products through our Sites, you agree to be bound by and accept the Terms of Sale.  The Terms of Sale are subject to change without prior notice at any time, in KNOAA' sole discretion, so you should review the Terms of Sale each time you make a purchase.

‍Product Sales and Availability
All products displayed on the Sites (other than KNOAA Cards) will be delivered only within the United States and, when available, in Canada. All prices for products or offers that are displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in participating stores in the United States. KNOAA reserves the right without prior notice to discontinue or change specifications on products and services offered on the Sites without incurring any obligations.  Please refer to our Returns & Exchanges policy for additional information that applies to purchases made through our Sites.

‍KNOAA Cards
KNOAA may allow you to purchase KNOAA Cards through the Sites.  Please refer to the KNOAA Card Terms & Conditions for more information about the terms, conditions and policies that apply to your purchase and use of KNOAA Cards.

‍Site Disclaimer
The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, KNOAA disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.

‍Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the KNOAA logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of KNOAA or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include:  (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of KNOAA, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

‍Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Kids’ Nite Out Across America®
12340 West Alameda Parkway, Suite 214
Denver, CO 80228
(720) 295-0640
info@KidsNiteOut.orgPlease see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the DMCA and other applicable law, KNOAA has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers.  KNOAA may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

‍Trademark Information
Kids’ Nite Out Across America® and the Kids’ Nite Out Across America® logo are registered trademarks of KNOAA. All other Kids’ Nite Out Across America® trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of KNOAA or its affiliates or licensors. In countries where any of the KNOAA trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, KNOAA claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of KNOAA or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact KNOAA by writing to Kids’ Nite Out Across America® at 12340 W Alameda Parkway, Suite 214, Denver, CO 80228, USA, to request written permission to use trademarks, indicia of origin and materials on the Sites for purposes other than stated in these Terms of Use or for all other questions relating to the Sites.All rights not expressly granted are reserved.

‍Restrictions on Use
The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content").  By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:a.  Unless specifically requested by KNOAA, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);b.  User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;c.  User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;d.  User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;e.  Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;f.  User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;g.  Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; andh.  User Content that, in the sole judgment of KNOAA, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of KNOAA, other users or third parties.KNOAA does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is KNOAA liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  The interactive areas are generally designed as open and public community areas for connecting and sharing with other people.  When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly.  You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.If you become aware of User Content that you believe violates these Terms of Use (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it by clicking on the "Report Abuse" or "Flag" links located just below each piece of User Content.  Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances.  In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use.  Although KNOAA has no obligation to screen, edit or monitor any of the User Content posted on the Sites, KNOAA reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice.  You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense. If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.

‍License to User Content
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to KNOAA that you grant herein.  KNOAA claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement.  However, by submitting or posting User Content on the Sites, you grant KNOAA and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content.  By posting User Content, you hereby release KNOAA and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

‍Submission of Ideas
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about KNOAA, our Sites and our products (collectively, "Ideas").  Ideas, whether posted to the Sites or provided to KNOAA by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal.  KNOAA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

‍Links
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray KNOAA in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  In addition, you may not use KNOAA's logo or other proprietary graphics to link to our Sites without our express written permission.  Further, you may not use, frame or utilize framing techniques to enclose any KNOAA trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of KNOAA or any third party.KNOAA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites.  Such sites are not under the control of KNOAA and KNOAA is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  KNOAA and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by KNOAA of any site or any information contained therein.  When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

‍Third Party Content
KNOAA may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  You acknowledge and agree that KNOAA is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.

‍Advertisements and Promotions; Third-Party Products and Services
KNOAA may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  KNOAA is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-KNOAA advertisers or third party information on the Sites.

Limitation on Liability
To the maximum extent permitted by applicable law, KNOAA and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from KNOAA, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to KNOAA' records, programs or services.  In no event shall the aggregate liability of KNOAA, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to KNOAA for access to or use of the Sites.  Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

‍Indemnification
You agree to defend, indemnify and hold harmless KNOAA, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

‍Modifications to the Sites
KNOAA reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.  You agree that KNOAA will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

‍Financial Material Disclosures
The information contained within press releases issued by KNOAA should not be deemed accurate or current except as of the date the release was posted.  KNOAA has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.  To the extent any information therein is forward-looking it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.KNOAA may provide links to third-party websites or services that contain financial or investment information about KNOAA.  Access to such websites and the information contained therein is provided as a service to those interested in the information.  KNOAA neither regularly monitors nor has control over the content of third parties' statements or websites.  Accordingly, KNOAA does not endorse or adopt those websites or any information contained therein, including, without limitation, analysts' reports and stock quotes.  KNOAA makes not representations or warranties whatsoever regarding the accuracy or completeness of the content, information or opinions of third-party websites or other third-party information identifies on the Sites.  Users visit these websites and use the information contained therein at their own risk.

Jurisdiction and Compliance with Laws
Access to and use of the Sites and these Terms of Use are governed by U. S. federal law and/or the laws of the State of Colorado, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in a state or federal court located in Denver, Colorado. You and KNOAA agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

‍Termination
Notwithstanding any of these Terms of Use, KNOAA reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.

‍Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

‍Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.  You may contact us at:Kids' Nite Out Across America®
12340 West Alameda Parkway, Suite 214
Denver, CO 80228
(720) 295-0640
info@KidsNiteOut.org