and use of MYKIDSBANK services and website (the "Service"), and any
information, text, graphics, or other materials uploaded, downloaded or
appearing on the Service (collectively referred to as "Content"). Your
access to and use of the Service is conditioned on your acceptance of
and compliance with these Terms. By accessing or using the Service you
agree to be bound by these Terms.
1. USE OF CONTENT
The content, organization, and design of this service are proprietary
to the owners and are protected under applicable intellectual property
rights. The posting of information or materials on this website does
not constitute a waiver of any rights in such information or materials.
You understand that all posted content on the Service or linked from
the Service are the sole responsibility of the person or entity from
which the content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you post
or otherwise make available via the Service. You also understand that
the you may be exposed to a posted Item or content linked from the
Service that may be considered offensive, indecent, inaccurate,
misleading, damaging, or otherwise objectionable. You are urged to
notify the MyKidsBank Service provider. However, you agree that your
only remedy for any resulting damages is to stop using the Service.
By posting Content to the Service, you automatically grant, and you
represent and warrant that you have the right to grant, an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license for others to
use, copy, perform, display, and distribute said Content and to prepare
derivative works of, or incorporate into other works, said Content.
You understand that the operation of the online artificial bank service
is for educational purposes and the Content does not represent any
legal value. You agree that you will not use the service for any
2. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your intellectual property rights have been
violated, please notify MyKidsBank's agent for notice of intellectual
property infringement ("Agent"), at
Please provide our Agent with the following Notice:
A. Identify the specific material that you claim is infringing.
B. 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
C. A statement by you declaring under penalty of perjury that (1) the
above information in your Notice is accurate, and (2) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
D. Your address, telephone number, and email address; and
E. Your physical or electronic signature.
The infringing posting(s) will be removed subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
3. PRIVACY AND INFORMATION DISCLOSURE
A. Virtual Bank Administrators (bankers): Only educators, parents or
guardians (persons of in-loco-parentis responsibility) who are at least 18 years old
may sign up to administer a virtual bank. MyKidsBank collects contact information
of bankers as described below.
(a) Protecting your privacy
* We do not share your information with third parties
for marketing purposes.
* We do not engage in cross-marketing or
link-referral programs with other sites.
* We do not employ tracking devices for marketing
purposes (cookies, web beacons,single-pixel gifs).
* We do not send unsolicited communications for
* We do not store credit card information. If there
are any Credit cards transactions, such transactions are transmitted to
a financial gateway, and we endeavor to protect the security of your
payment information during transmission by using Secure Sockets Layer
* Account information is password-protected. Keep
your password safe.
(b) Data we collect
* We may collect your email address, for purposes
such as sending confirmation emails, exchanging information about any problems
with your virtual bank, etc.
* We may collect personal information if you
contact us directly. Please do not post any personal information that
you expect to keep private.
* Our web logs may collect standard web log entries
for each page served, including your IP address, page URL, and
timestamp. Web logs help us to diagnose problems with the Service to
(c) Data we store
* All postings may be stored in our database and
even after deletion.
* Our web logs and other records may be stored
* Although we make good faith efforts to store the
information in a secure operating environment that is not available to
the public, we cannot guarantee complete security.
(d) Data we may release
* Information about its users if required to do so
by law or in the good faith belief that such disclosure is reasonably
necessary to respond to subpoenas, court orders, or other legal process.
* information about its users to law enforcement
officers or others, in the good faith belief that such disclosure is
reasonably necessary to: enforce this agreement; respond to claims
that any posting or other content violates the rights of third-parties;
or protect the rights, property, or personal safety of the Service
provider, its users or the general public.
B. Minors and other users (others):
MyKidsBank does not collect any identifying information of others as defined under the Children's Online Privacy
Protection Act (COPPA - 16 CFR Sec. 312.2). Bankers may create arbitrary login usernames
and passwords to allow others to log into the banker's virtual bank
so that others may experience having a simulated bank account. The content is limited
to numeric values and transaction comments under the control of the banker.
have any advertising to eliminate bankers and others from being exposed to content by third parties.
4. DISCLAIMER OF WARRANTY
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE SERVICE ARE DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED
THROUGH OR ADVERTISED THROUGH THE SERVICE ARE DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. ALL WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE ARE
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE ARE
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions
do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
5. LIMITATION OF LIABILITY
THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT
SHALL ANY PERSON OR ENTITY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER
MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES
ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES
ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED
HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE
SERVICE IS TO STOP USING THE SERVICE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
You agree to indemnify and hold all persons and entities harmless from
any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you
submit, post or make available through the Service, your breach of any
of the representations and warranties herein, or your violation of any
rights of another related to this Service.
You also agree to provide the same indemnification for acts by others
of whom you enable to use the Service.
You agree that the laws of the State of California, except for their
conflicts of laws principles, will apply to all matters arising from or
relating to the use of this website. You also agree to submit to the
exclusive personal jurisdiction and venue of the Superior Court of
Santa Clara County, California, with respect to such matters. If you
choose to access this service from locations outside of California, you
are responsible for compliance with all local laws.
8. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
9. TERMINATION OF SERVICE
You agree that the Service may be terminated with or without any reason
and without any notice. You further agree that you shall not hold any
person or entity liable for said termination.
We welcome your questions and comments on this document. If you are aware
that our policy might not be compliant with any laws, please contact us and identify the specific law and content.
MyKidsBank.org is a non-profit public benefit corporation with the purpose to promote savings