By using this site, you are agreeing to the following Terms of Use. If you do not agree to the Terms of Use, please do not use the site. We reserve the right, at any time, to change, modify, add, or remove portions of these Terms of Use. Please check these terms periodically for changes. Your continued use of the education.com Web site following the posting of changes to these terms (including the education.com Web site Privacy Policy) will mean you agree to be bound by such changes, modifications, or updates.

RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by education.com (referred to as "education.com," "we," "us," or "our" herein). No material from the education.com Web site or any Web site owned, operated, licensed, or controlled by education.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home or school use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of education.com's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to education.com or their respective owners.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), licensed to you by education.com or its respective owners. Education.com does not transfer title of the Software to you. You own the medium on which the Software is recorded, but education.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

REGISTRATION
Our full registration form for adults ("Grown-Ups") can be found at the Register section of education.com. The form asks a Grown-Up to supply a first and last name, choose a user name and password, and provide a birth date, state, country, e-mail address and postal address. A Grown-Up and a child can together choose a user name and password for the child. We strongly suggest that the user name NOT contain the child's real full name or last name. We also ask for the child's gender and date of birth to help us determine the content selected for our Web site and to personalize the experience.

To complete the registration process, a Grown-Up needs to contact us to provide consent that the specified child may become a KidSpace member. Consent can be provided by phone, fax, or mail, or by providing a credit card number. The procedures for doing this are posted on our Web site in the Adult Membership Sign-Up section and may change from time to time.

In accordance with the Children's Online Privacy Protection Act of 1998 (COPPA), our registration process requires us to ask parents to provide off-line consent before their child can freely interact, enter contests, win prizes or have access to any of our communication tools.

To complete the registration process, please choose one of the following actions:

1. Call toll-free 1-800-789-7025, 24 hours a day, 7 days a week.
You will be asked to key in an authorization code which will be sent shortly to the e-mail address you provided. Please allow 24 hours for membership(s) to activate.

2. Fill out our parental consent form and fax it toll-free to 1-800-783-7780. Please allow up to two business days for membership(s) to activate.

3. Fill out our parental consent form and mail it to:

Education.com
Attn: Jane Kern
2370 South Trenton Way
Denver, CO 80231

Please allow up to two business days for membership(s) to activate.

For security of your personal information, we store paper copies of personal information (such as faxed or mailed consents) in locked file cabinets, and personal information in our computers is kept on secure servers.

SUBMISSIONS
If you send certain specific submissions (e.g., postings to chat rooms, bulletin boards, or contests) or send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of education.com. None of the Submissions shall be subject to any obligation of confidence on the part of education.com, and education.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, education.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world in all mediums now or hereafter known and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function offered as part of education.com. You shall not upload to, distribute through, or otherwise publish through the education.com Web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other education.com Web site guests to join or become members of any commercial online service or other organization is expressly prohibited.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

JURISDICTIONAL ISSUES
This site is controlled and operated by education.com from its offices within the State of California, United States of America. Education.com makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country from which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all education.com site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from education.com if in education.com's sole discretion you fail to comply with any provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other education.com site(s) and all copies thereof, whether made under these terms or otherwise.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EDUCATION.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDUCATION.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDUCATION.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY, OR OTHERWISE. YOU (AND NOT EDUCATION.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall education.com be liable for any special or consequential damages that result from the use of, or the inability to use the materials in this site, even if education.com or an education.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall education.com's total liability to you for all damages, losses, and causes of action, whether in contract, in tort (including but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this site.

OTHER
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

If you have any questions about education.com's Terms and Conditions of Use, please email us at jkern@education.com.

Last Updated 7/05/2001