Legal Policies

Terms of Service

Last updated: July 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.fun4kidsinbuffalo.com website (the “Website”) operated by Fun 4 Kids in Buffalo, LLC (“us”, “we”, “our”, “company”) as these Terms and Conditions contain important information regarding limitations of our liability.

Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have our permission to access or use the Website.
This Website is provided to keep parents and other adults informed of upcoming family friendly events throughout Buffalo, NY and surrounding areas.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, events and services found on the Website may contain errors or inaccuracies or may not be complete or current. Events, services, and products may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

Fun 4 Kids in Buffalo makes no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. All such information, products, and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. We are not liable for listed events that were cancelled, rescheduled, changed venue or changed time. These events are submitted by third parties and we have no control over the said events. Fun 4 Kids in Buffalo is not responsible for third party contests, sweepstakes, giveaways and prizes.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property

All contents of this Website are ©2020 Fun 4 Kids in Buffalo, LLC. All rights reserved. Fun 4 Kids in Buffalo, LLC www.fun4kidsinbuffalo.com , and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Fun 4 Kids in Buffalo, LLC, and are either registered trademarks or trademarks of Fun 4 Kids in Buffalo, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at jennifer@fun4kidsinbuffalo.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to jennifer@fun4kidsinbuffalo.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our company’s copyright agent is Jennifer Calero.

The following is her contact information:
Jennifer Calero
jennifer@fun4kidsinbuffalo.com
(716) 650-4111

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at jennifer@fun4kidsinbuffalo.com and include the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. your address, telephone number, and email address;
4. 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;
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. Fun 4 Kids in Buffalo, LLC is not responsible for third party contests, sweepstakes, giveaways and prizes.
Indemnification
In no event shall Fun 4 Kids in Buffalo, LLC nor Jennifer Calero, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Damages

In no event shall Fun 4 Kids in Buffalo, nor Jennifer Calero, be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.

If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, our liability shall in no event exceed $100.00.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Fun 4 Kids in Buffalo,LLC.

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

You agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, these Terms of Service through negotiation. Should the parties fail to resolve any such disagreement within thirty (30) days, any controversy or claim arising out of or relating to these Terms and Conditions, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Erie County, NY and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least five (5) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of advertisement contracts or advertisement contract disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of New York sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of New York or any other applicable law. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. The non-prevailing party shall pay all arbitration fees of the prevailing party. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

Privacy Policy

Last updated: July 2020

Fun 4 Kids in Buffalo, LLC values your privacy very highly. Please read this Privacy Policy carefully before using the www.fun4kidsinbuffalo.com website (the “Website”) operated by Fun 4 Kids in Buffalo, LLC (“us”, “we”, “our”) as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website you agree to be bound by this Privacy Policy. If you disagree with any part of the Privacy Policy then you do not have our permission to access or use the Website.

What information may we collect and store

We receive and store any and all information that you enter on this Website or provide to us by any other form of communication, including, but not limited to: electronic mail, regular mail, and phone calls.

The information that we collect and store includes information that may be used to identify you, such as your name and email address.

How may we use your information

We may use the information that you provide us for the following: to respond to your questions and comments, to communicate with you, to resolve disputes, send you emails with monthly newsletters and special offers, to prevent potentially prohibited or illegal activities, and to enforce our Terms of Use.

Should we become aware of potential or in fact prohibited or illegal activities performed or to be performed by you, we may supply any and all of your information to law enforcement authorities. Notwithstanding the above, we may provide any and all of your information to the law enforcement authorities upon request by such authorities.

With whom we share your information

We may share any and all of your information with the following:

We may share your information with third party vendors such as email marketing, and fraud prevention. We may also grant third parties access to the Website and your information as needed to operate the Website or provide advertising. Third-party vendors will only be supplied your information on an as-needed basis. However, we will not sell your information or provide your information to any third parties that are not listed above without your prior approval.
Law enforcement officials if we suspect fraud, prohibited, or illegal activities.
The United States government upon request by the government.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

Google Analytics

This website utilizes Google Analytics. Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of www.fun4kidsinbuffalo.com, to prepare reports on its activities and share them with other Google services.

Google may use the data collected to contextualize and personalize the ads of its own advertising network. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

Personal data collected: Cookie and Usage Data. Place of processing: USA. Find Google’s privacy policy here.

Children’s Privacy

This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that they cannot use this Website.

Opting out of us collecting personal information

You may opt out of us collecting of your personal information at any time by clicking unsubscribe, not providing your information on the Website or by contacting us at jennifer@fun4kidsinbuffalo.com. If you wish to not participate in Google Analytics, you pay opt out by clicking: https://tools.google.com/dlpage/gaoptout.

Changes to Privacy Policy

Fun 4 Kids in Buffalo, LLC reserves the right to make any changes to this Privacy Policy at any time without notice.

Questions

If you have any questions about this Privacy Policy, please contact us at jennifer@fun4kidsinbuffalo.com.