Version date: Oct 20, 2010
This website is operated by Popinjay Media Inc. We can be contacted by e-mail at firstname.lastname@example.org .
jay Media Inc. also reserves the right to change, modify, add or remove Terms of this agreement at any time without notice. You agree to review this Agreement periodically since such changes, modifications, additions or deletions shall be effective immediately upon posting and your subsequent use after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletion.
Although portions of the Site may be visited by any Visitor, you will need to register as a Member to be able to participate in or join the Community Areas and if you wish to submit Reviews. Registration on the Site is free.
You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, up to date and complete.
You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password's use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by emailing us.
We reserve the right to terminate your membership and access to the Site at any time.
Use of our website
For the purposes of these Terms, "Content" refers to a mix of digital media and written content provided by Popinjay Media Inc. and our users. You agree that you will not use the Site:
1. for commercial purposes or to obtain financial gain without our prior written consent;
2. to send chain letters, junk mail, 'spam', business or bulk communications of any kind;
3. to advertise a company, product or service of any establishment except under the terms of a written advertiser agreement that we have entered into with you;
4. in a way, that might reasonably be expected to cause another person's computer systems and/or their communications network to be interrupted, damaged or rendered less efficient;
5. to obtain personal information from "Users" (which means "Members" and "Visitors") under the age of 13 or from anyone if such information is gathered deceptively or in a non-transparent way;
6. to obtain passwords or personal identifying information for commercial or unlawful purposes from other Users;
7. to attempt to impersonate another User; or
8. to harass, threaten or intimidate any User.
If you are a Visitor, you agree not to obtain unauthorised access to areas of the Site reserved for Members.
Use of this Site is intended for people 16 years of age or older and by using it, you warrant that you are 16 years of age or older.
The views expressed in the Content are not necessarily the views of Popinjay Media Inc. - we are just providing a platform. You acknowledge that all Content is the responsibility of the person who posted, emailed or otherwise provided the Content to the Site. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. We are not responsible in any way for any Content - and if you post, email, upload or otherwise provide Content, you are entirely responsible for it.
When providing content, you agree to the following
1. If you are daycare / school staff or owner, you will not write content about your own facility without identifying yourself as staff or owner
2. If you are daycare / school staff or owner, you will not write content about other facilities in the same category.
3. You can only submit 1 review per facility per month
4. You agree to write a truthful, objective review of the facility which is useful to the public and based on factual events you have witnessed or experienced.
The following Content is prohibited:
1. Copyrighted material, trademarks, patents, trade secrets that are used without the express permission of the owner
2. Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Popinjay Media Inc.'s written consent to do so.
3. Content that identifies any person by name.
4. Content in which you impersonate another person or entity, including Content in which you falsely claim to be a Site moderator or other official.
5. Pornographic, sexually explicit, obscene Content.
6. Content that exploits children or minors.
7. Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
8. Content that may be deemed grossly offensive to the Site community, including false, unreliable or misleading or otherwise objectionable statements in our opinion, or blatant expressions of bigotry, prejudice, racism, hatred or profanity.
9. Content promoting or providing information about illegal or illicit activities.
10. Content that breaches any applicable law.
11. Content that transmits or contains viruses, corrupted files, or any similar element.
12. Content that disrupts the communications of the online community or Community Area on the Site.
13. Content that alleges criminal conduct.
14. Content referring to events currently investigated for licensing or legal reasons
15. Content which includes a personal attack on anyone.
16. Content which is an invasion of privacy.
We examine the Content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove or modify any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion.
Any comment or other information you submit may also be modified for brevity or for any other reason at the sole discretion of Popinjay Media Inc.
Use of the Web Site Information at Your Own Risk
The Site may contain information, materials, opinions, and judgements from various information sources. Popinjay Media Inc. does not represent or endorse the accuracy or reliability of any information or materials provided by these sources or any information, data, or analysis derived from these sources. Reliance upon any such information or material shall also be at your own risk.
Choosing appropriate and reliable child care and schooling is a parent’s responsibility – Popinjay Media Inc. specifically disclaims any responsibility or liability whatsoever for any damages, losses, or claims that may arise as a result of parent’s choice of child care provider or school arising from or connected with the use of this Site. Listing a daycare or school on this Site does not constitute an endorsement by Popinjay Media Inc..
Neither Popinjay Media Inc. nor its affiliates, partners, officers, directors, employees, subsidiaries, agents or parents shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Content herein, regardless of cause, or for any damages resulting therefrom. If you are dissatisfied with any of the Site's material or services, or with any of the Site's Terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
Third-Party Sites, Products, and Services
The Site provides access and contains links to third party Internet sites and services. Inclusion of these links on the Site does not constitute our endorsement of the materials on those third party sites and does not signify any association with the owners or operators of those third party sites and services. Your use of such third party sites and services is subject to the Terms and conditions set by the third party site or service in question. We have no control over these third parties and we are not responsible for their activities.
We do not sell, resell, or license any of the products or the services that we list or advertise on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Intellectual Property Rights
You agree that the Site and all Content contained in it are protected by Intellectual Property Rights ("Intellectual Property Rights" means registered and / or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world) that either belong to or are licensed to us.
You acquire no proprietary interest in the Site or Content provided by us or others and may not use them in any way except as expressly permitted by these Terms.
You may view, print, download or temporarily store such Content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such Content. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any such Content.
We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any Content without notice, if we consider that the Content is objectionable or violates these Terms or for any other reason.
We may preserve or disclose the Content and your personal details as well as any Content to any third party if such disclosure is necessary:
1. for the purpose of maintaining the Site;
2. by law; or
3. to respond to claims that the Site infringes or restricts the right of any party
We may suspend or terminate your access to the Site at any time if you breach any of these Terms
Limit on Liability
The Site is provided on an "as is" and "as available" basis. We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from the Site. We are not responsible for any errors or omissions or for the results obtained from the use of such information, or that access to the Site will be uninterrupted, timely, secure, or error free. The Site is provided for the general information of the general public.
Your use and participation in the Site and services are solely at your own risk.
You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the services we provide.
If you post content, you will indemnify Popinjay Media Inc and will keep Popinjay Media Inc fully indemnified against all and any claims made by any third party against Popinjay Media Inc that arise in connection with any rating or other material or information posted by that person, including any and all costs, expenses, losses and liabilities incurred by Popinjay Media Inc in connection with defending or settling that claim.
Under no circumstances will Popinjay Media Inc. and its officers, directors, employees, agents, and affiliates be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
1. loss of data;
2. loss of revenue or anticipated profits;
3. loss of business;
4. loss of opportunity;
5. loss of goodwill or injury to reputation;
6. losses suffered by third parties; or
7. any indirect, consequential, special or exemplary damages arising from the use of The Site regardless of the form of action.
Please do not access or use the Content from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organisation. If you breach this provision, you will be held entirely responsible.
We may assign our rights and obligations under these Terms and upon such assignment we shall be relieved of any further obligation under these Terms. You are not permitted to assign your rights and obligations under these Terms.
Governing Law and Jurisdiction
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.