Terms of Service
Press BACK when finished
By using SuperCalendar, KidsCal, and their related services, you are agreeing to the following Terms of Service. Please read them all carefully.
1. ACKNOWLEDGMENT AND ACCEPTANCE
SuperCalendar and KidsCal are owned and operated by NextGen Development Corp. ("SuperCalendar") and is provided for your use ("User") under these Terms of Service ("ToS") and any policies and procedures that may be instituted by SuperCalendar. The ToS constitutes the entire agreement between SuperCalendar and User and supersedes any and all prior agreements between the parties. BY COMPLETING THIS REGISTRATION PROCESS AND CHECKING THE BOX, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE ToS.
2. DESCRIPTION OF SERVICE
SuperCalendar is providing User with the capability to create and maintain an electronic calendar via the internet. User must: (a) provide all their equipment necessary to access the internet and SuperCalendar (b) pay all fees associated with such access. User understands that SuperCalendar provides no assistance to the User, and that the User's use of SuperCalendar is at your own risk.
In consideration for use of SuperCalendar, User agrees to pay SuperCalendar's current subscription fee, provide and maintain current, complete, and accurate information as requested. If any such information is untrue, inaccurate, not current or incomplete, SuperCalendar has the right to terminate User's account and refuse any and all current or future access and use of SuperCalendar. User agrees that SuperCalendar may disclose to third parties certain Registration Data and certain information about User's use of the Service provided that such disclosures do not include User's name, mailing address, or telephone except in the good faith belief that such action is necessary to comply with SuperCalendar's legal obligations, or as set forth in Paragraph 3, below.
SuperCalendar considers the User's information to be the private and will not monitor or disclose such information except in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply within the legal process; (c) to enforce the ToS; (d) to respond to any claims of violate of the rights of third parties; (e) to protect the interests of SuperCalendar or others.
User acknowledges and agrees that SuperCalendar may access its information as necessary to identify or resolve technical or other problems. User acknowledges and agrees that certain technical processing of information is and may be required to (a) send or receive data; (b) perform planning or scheduling (c) conform to technical or other issues.
User acknowledges and agrees that SuperCalendar does not endorse any content created or transmitted via SuperCalendar and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
4. MODIFICATIONS TO TERMS OF SERVICE
SuperCalendar may change the terms and conditions of the ToS from time to time with or without notice to User. Any amendment shall be effective immediately with or without notice. Each use by User reaffirms User's acceptance of, and agreement to be bound and to abide by, the ToS as amended.
5. MODIFICATIONS TO SERVICE
SuperCalendar reserves the right to modify or discontinue its service, temporarily or permanently, for any reason, and at its sole discretion, with or without notice to User. User agrees that SuperCalendar shall not be liable to User or any third-party for any modification or discontinuance.
6. USER ACCOUNT, PASSWORD, AND SECURITY
User is solely responsible for maintaining the confidentiality of their user name and password and any and all activities that occur under your user name or password. User agrees to immediately notify SuperCalendar of any unauthorized use of User's account or any other breach of security known to User.
User agrees not to use any racist, inflammatory, or profane user names, group names, passwords, or other text and further agrees that SuperCalendar has the right to modify such if, in its sole discretion, any such terms violate this agreement.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SUPERCALENDAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUPERCALENDAR MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SUPERCALENDAR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE NOT OCCUR OR WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SUPERCALENDAR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SUPERCALENDAR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
SUPERCALENDAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUPERCALENDAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT SUPERCALENDAR SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to use the Service for commercial purposes unless authorized in writing by SuperCalendar. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or use of or access to the Service.
10. CALENDAR DATA STORAGE
SuperCalendar assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service. SuperCalendar may establish an upper limit on the amount of memory and the number of calendar events a User may post through the Service.
11. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a SuperCalendar official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
User agrees: (a) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (b) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (c) not to use the Service for illegal purposes; (d) not to interfere or disrupt networks connected to the Service; and (e) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.
User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to post, promote or transmit any content, or to host a SuperCalendar Affiliate Calendar on any site that might require a minimum age for the viewer of such material. This material includes, but is not limited to content relating to: sex, alcohol, and tobacco. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
SuperCalendar may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform with these terms and conditions of the ToS. SuperCalendar may, but is not in any way obligated to, enforce these ToS against any user.
User agrees to indemnify and hold SuperCalendar, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this ToS by User, or the infringement by User of any intellectual property or other right of any person or entity.
User agrees that SuperCalendar may terminate User's user name, password, account or use of the Service, for any reason, at its sole discretion, including, without limitation, if SuperCalendar believes (a) that User has violated or acted inconsistently with the letter or spirit of the ToS, or (b) that User has violated the rights of SuperCalendar or other Users or parties. User further agrees that SuperCalendar may terminate User's user name, password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by SuperCalendar from time to time which period shall not be less than one month.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that SuperCalendar may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.
User acknowledges and agrees that no portion of any subscription or other fee paid to SuperCalendar will be refunded.
All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, SuperCalendar may post notices or links to notices through the Service to inform User of changes to the ToS, the Service, or other matters of importance.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User's correspondence with or participation in promotions of advertisers found on the Service, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold SuperCalendar 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 such advertisers on the Service.
16. PROPRIETARY RIGHTS TO CONTENT
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by SuperCalendar, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
The ToS and the relationship between User and SuperCalendar shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and SuperCalendar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California.
The failure of SuperCalendar to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the ToS are for convenience only and have no legal or contractual effect.
Press BACK when finished