Web Site Terms and Conditions of Use

Description of Service

FranChild, LLC is a company that helps parents and educators teach their children about business by giving parents and educators tools to help teach children.  Parents must complete the application and establish the site user name and password.  Parents and adults over the age of 18 are our customers of record.  FranChild.com is also a social networking site designed for parents and educators, for the benefit of their children.  Any child accessing the members only site can only do so under the supervision and with direct consent of their parents or an educator, per the terms of the agreement.  

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. FranChild reserves the right to modify these terms without notice.  If you do not agree with any of these terms, you are prohibited from using or accessing this site. FranChild may, from time to time, update these terms without notice.  You should revisit this page occaisionally to review the terms and conditions. The materials contained in this web site are protected by applicable copyright and trade mark law.

Accounts 

FranChild provides several types of membership accounts.  By using our services you agree our right to change the account structure, services offered, pricing or any other aspect of the service at any time.

FranChild Intellectual Property 

The content, arrangement and layout of franchild.com, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ("Content") are the property of FranChild, LLC, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of FranChild, LLC.

FranChild.com may also contain references to other company brand and product names. These company brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within FranChild.com are either the property of FranChild.com or used with permission. FranChild, LLC may be, but is not necessarily sponsored by or affiliated with any of owners of the other company brand and product name appearing on franchild.com, and makes no representations about them, their owners, their products or services.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of franchild.com, or trademarks, service marks, or trade dress found within franchild.com may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting franchild.com you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on franchild.com. You agree not to display or use any content or third party content located on the franchild.com in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits FranChild, LLC, that dilutes the strength of FranChild, LLC or its property, or that otherwise infringes FranChild, LLC or its intellectual property rights.

Cancellation

You understand and agree that you have no ownership rights in your franchild.com account. FranChild, LLC may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. FranChild, LLC assumes no liability for any information removed from our site for violating these terms.

You may also cancel your account at any time. This cancellation takes effect immediately. After a cancellation, FranChild will remove all content associated with your account. We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.

Security of User Name and Password

FranChild, LLC accounts are protected by a username and password. You agree to keep your password secure and not to disclose it to anyone.  You also agree not to solicit or use another member’s account and password. You are solely responsible for any and all use of your account, including the manner in which you allow your child to use your account.

House Rules for Participating in the open forum: The HIVE

FranChild members agree to not to any of the following:

•  Create, upload, transmit or make available in any way any material that harms children in any way.
• Solicit personal information from any member.
• Create, upload, transmit or make available in any way any text, messages, images, or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers).
• Use FranChild, LLC services to transmit junk mail, chain letters, unsolicited mass email, spam, spim, or comment spam.
• Post information that you know is false, misleading, or that promotes illegal activity.
• Use THE HIVE to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind.
• Impersonate any person or misrepresent yourself or your association with any person or group.
• Create, upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation.
• Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement.
• Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services.
• Interfere, disrupt, or create an undue burden on any network services provided by FranChild.

We reserve the right to remove any material or cancel the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on FranChild that we deem may be in violation of these terms or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders.

Posted content

FranChild does not claim ownership of content you create, upload, transmit or make available in any way in THE HIVE. By posting content in THE HIVE you grant FranChild a non-exclusive, fully-paid, royalty-free worldwide license to copy, use, translate, modify, adapt, store, and reproduce the content for the purposes of displaying, publishing, distributing, and transmitting the content on FranChild.com and affiliated sites. If you remove content from THE HIVE, this license will be terminated. Notwithstanding the foregoing, you understand and acknowledge that you do not own the servers on which your content resides, and you own no protectable rights in and to those servers, your user account, or any data FranChild stores on the servers FranChild uses or owns.  Should your account be terminated, you will not be given back any content you uploaded in THE HIVE, nor will you be given access to those materials.

Furthermore, you agree that you will not post any content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret, or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, modify, broadcast, or sell any content published in THE HIVE that was not created by you.

You acknowledge that FranChild does not pre-screen content but that members of the THE HIVE and its designees have the right (but not the obligation) to remove or refuse to remove any content in THE HIVE. FranChild also has the right to remove any content that violates these terms. You agree to that you will be solely responsible for all risks associated with the use of this content, including the accuracy, completeness or useful of this content.

Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on FranChild, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on FranChild, LLC's web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by FranChild, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

1. The materials on FranChild, LLC's web site are provided "as is". FranChild, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FranChild, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall FranChild, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data, goodwill or profit, or due to business interruption,) arising out of the use or inability to use the materials on FranChild, LLC's Internet site and pages, even if FranChild, LLC or a FranChild, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnity

You agree to indemnify and hold  FranChild, LLC and and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Revisions and Errata

The materials appearing on FranChild, LLC's web site could include technical, typographical, or photographic errors. FranChild, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. FranChild, LLC may make changes to the materials contained on its web site at any time without notice. FranChild, LLC does not, however, make any commitment to update the materials.

Links

FranChild, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FranChild, LLC of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

FranChild, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to FranChild, LLC's web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We take special care to protect your privacy and the privacy of your child.  We ask for as little information about your child as possible (first name) and it is given by you as a parent with consent to use soley for the purpose of populating templates.  FranChild does not collect any information from children under 18 directly therefore is compliant with the Children's Online Privacy Protection Act (COPPA).  All other information collected including email address is the parent or guardian's and not the child's. A parent gives consent by providing a credit card number for verification.  A parent must create the user name and log in.to gain access to the members-only area of the site.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.  Information is stored in a secure environment, and is only available to authorized personnel on a need-to-know basis.  

We take additional reasonable precautions to secure and protect the information we collect.  For example, all personal information is password protected, and data such as financial information is collected via a SSL connection.  However, no information collected over the internet can be guaranteed to be completely secure.  If we become aware of a security breach that may affect your personal information, we will notify you via email at the email address you provide. 

If you have any questions or concerns about our Privacy Policy, please email us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Information we share

FranChild, LLC is a social networking site. As such, personal information may be read by others if it's posted in our forum:  THE HIVE.

FranChild is not in the business of renting and selling personal information to any entity outside of FranChild, LLC websites. FranChild will share your personal information including your child's name your provided with consent under the following circumstances:

• To comply with a subpoena, court order, or other legal proceeding, or if otherwise requested by a legitimate law enforcement body to cooperate in their investigations.
   
• To prevent, investigate, or to take some other action against illegal activities, potential fraud, potential physical threats to any person, violations of our terms of service, or in any other way as required by law.

• If we sell all or part of our business, personal information may be disclosed as part of the sale or transfer of the business assets. Entities we sell or transfer these assets to will be bound by this privacy policy.

Changes to the privacy policy

From time to time FranChild may make changes to this privacy policy. We will notify you of any material changes that may impact how we use your information including your child's first name you provided with consent by sending an email to the primary email address of each registered adult user or by placing a prominent notice on our site.