last updated October 3, 2013
Content available on the Website includes:
Kid & Coe Content.
The Website contains materials, such as data, text, graphic, images, sound recordings, audiovisual works, and other materials provided by Kid & Coe or its licensors including, by way of example, Kid & Coe photographs of Host properties, Kid & Coe edited photographs of Host properties, profiles, text and other information regarding Host properties and the surrounding neighborhoods prepared by Kid & Coe, all of which is owned exclusively by Kid & Coe; and
User Generated Content.
Hosts and Guests may provide or generate content for the Website including, but not limited to, text, photographs, listings/information, communications between users (through the Website or a third party website), feedback, questions, commentary, postings, files, images, video, audio, and other materials (“User Generated Content,” and, collectively with the Kid & Coe Content, the “Content”).
You are solely responsible for any User Generated Content that you provide, and the consequences of posting or transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are solely responsible for all User Generated Content that you upload, email or otherwise make available via the Services. User Generated Content is not confidential, may be freely monitored by Kid & Coe (although Kid & Coe has no obligation to do so), and may be made public by Kid & Coe in its sole discretion.
You retain all of your ownership rights in your User Generated Content; however, by submitting the User Generated Content to Kid & Coe, you hereby grant to Kid & Coe an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content including, without limitation, for commercial purposes, and promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media formats and through any channels now or hereafter known. As the exclusive licensee of User Generated Content, you hereby grant to Kid & Coe the exclusive right to enforce copyrights in the User Generated Content against anyone copying republishing, distributing, or preparing derivative works of the User Generated Content without Your consent. Furthermore, by you posting User Generated Content, you agree to and do hereby grant to Kid & Coe exclusive rights to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, exploitation or commercial use of the User Generated Content by any party for any purpose. You also hereby grant visitors to the Website, Guests and Hosts a non-exclusive license to access, view and display, but not to otherwise access, distribute or copy, your User Generated Content through the Website. For avoidance of doubt, you hereby represent that you have not, and will not, grant any license rights to your User Generated Content for the purposes of crawling, scrapping, or using automated means (e.g., data mining, robots, crawlers, spiders, or similar extraction tools) on or through the Website to obtain any data or information.
Intellectual Property Rights.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or the Services, including any features that prevent or restrict use or copying of any Content or Services, or enforce limitations on use of the Website, the Services or the Content. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover, acquire, copy or emulate any source code or object code contained in the Services or the Website.
User Generated Content.
We reserve the right (although we have no obligation), to monitor User Generated Content, and remove any User Generated Content at any time, in our sole discretion, without any notification or explanation. User Generated Content may be readily accessible to the public via the Website, including any confidential information and personally identifying information that you may make available online. With respect to User Generated Content, we shall be free to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Kid & Coe is the owner of certain trademarks, service marks and logos (registered and unregistered) (the “Kid & Coe Trademarks”). Other product and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kid & Coe. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Kid & Coe Trademarks displayed on this Website, without our prior written permission in each instance. All goodwill generated from the use of the Kid & Coe Trademarks will inure to our benefit.
Acceptable Use Policy.
accessing and/or using the Website or the Services, You hereby agree that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive or personal information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another person;
- You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.
Links to Other Web Websites.
This Website may periodically provide links to third party websites (“Third-Party Websites”) as well as other websites operated by Kid & Coe (“Other Kid & Coe Websites”). This Agreement governs only this Website and not any Third Party Websites or Other Kid & Coe Websites. Our decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third Party Website. If you decide to access linked Third-Party Websites, you do so at your own risk. You should direct any concerns regarding any Third-Party Websites to the administrator of the applicable Third-Party Website. We also prohibit the use of any links to the Website from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Website with any other website.
Advertisements on this Website.
Kid & Coe, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Kid & Coe. Your correspondence or any other dealings with advertisers found on this Website are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Website.
You have no right to (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or any Content available on the Website (except for your own User Generated Content), (ii) engage in crawling, scrapping or similar activities, or (iii) use automated means, including data mining, robots, crawlers, spiders, or similar data gathering, extraction tools and the like on any Website for any purpose. You agree not to use any means or measures whatsoever to circumvent any technological measure in place to prevent unauthorized use of the Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or derivative use of any content posted on the Website whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Kid & Coe (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
Notwithstanding the foregoing Kid & Coe may, by prior written consent in each case, permit general purpose internet search engines (that provide a method of “opt-out”), and non-commercial public archives that gather information to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the Website, provided that, (i) they do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, and (ii) specifically exclude any website, search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services.
Anything to the contrary contained herein notwithstanding, Kid & Coe specifically reserves the right to terminate your access and use of the Website, the Services and/or the Content, including any ability to extract data from or through the Website, for any reason or no reason, at its sole discretion.
Security of the Website.
Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or civil prosecution. Kid & Coe reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Website. Kid & Coe will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Kid & Coe does not endorse any User Generated Content or any opinion, statement, recommendation, claim or advice expressed in any User Generated Content, and expressly disclaims any and all liability associated with User Generated Content. You acknowledge and agree that Kid & Coe is not liable for your interactions with any individuals and/or organizations on or through the Website, the Content or the Services including, but not limited to, the quality, availability or safety of any accommodations offered by Hosts, payment by Guests and/or their behavior, and any other terms, conditions, warranties or representations associated with any interaction or transaction you may have with individuals and/or organizations. Any and all such dealings are solely between you and such organizations and/or individuals. In the event of any dispute, you understand and agree that Kid & Coe is under no obligation to become involved in any capacity. In the event that you have a dispute with one or more other users, organizations, individuals or other third parties, you hereby unconditionally release Kid & Coe and its affiliates (and its and their respective officers, employees, agents and successors) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, and/or the Services, Content or the Website.
No Responsibility for Connectivity.
You are solely responsible for the means you use to access the Website and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Website.
We may terminate this Agreement and your access to all or any part of the Website, the Content or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Content or the Services at any time without prior notice or liability.
KID & COE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “KID & COE PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE KID & COE PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF KID & COE PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF KID & COE PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR 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.
Limit of Liability.
IN NO EVENT SHALL THE KID & COE PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE KID & COE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE AMOUNT PERMITTED BY APPLICABLE LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OF THE MATERIALS IS TO STOP USING THE WEBSITE OR THE SERVICES.
You hereby release Kid & Coe, its subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Websites, the Services or the Content, or any interactions or transactions with others arising out of or related to the Website, the Services or the Content, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Digital Millennium Copyright Act.
Kid & Coe will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
KID & COE, LLC
Attention:Zoie Kingsbery Coe
60 E. 8th Street, #12A
New York, NY 10003
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT KID & COE MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER NEW YORK LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website and the Services. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Website or the Services that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by KID & COE and its licensors.
Thank you for your cooperation. Questions or comments regarding this Website and/or Services, including any reports of non-functioning links, should be submitted using our email address firstname.lastname@example.org. We will use commercially reasonable efforts to respond in a timely manner.