TERMS AND CONDITIONS OF USE

If you are under 13 years of age

We have no way of knowing how old you are since this is through the computer.  So we have to use the same Terms and Conditions of Use (including our Privacy Policy provisions) as if you were over 13. Make sure you get your parents or guardian or mentors consent (if an adult) before you become a member!  And your guardian should contact us to remove the information from our database and opt out of promotional opportunities.

If you are over 13

Please Read These Terms and Conditions of Use Carefully Before Using This Site. By using the Site, you consent to these Terms and Conditions of Use including, without limitation, the Privacy Policy provisions outlined below.

They get technical so make sure your have your mentor, parent or guardian read them with you if you don't understand any of them! And have your mentor, parent or guardian contact us to remove your information and opt out of all our opportunities so you won't keep getting emails from us.

Acceptance of Terms

SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com are websites owned and operated by CFOEd LLC DBA SmartSamantha (“SmartSamantha”). By using SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com and any features, including but not limited to blogs, points, polls, and messages, (“Services”) it provides, you agree to be bound by all Terms of Service (the “TOS”) mentioned below, our Privacy Policy, and any pertinent rules or policies that have been or may be published by SmartSamantha. If you do not agree to the terms mentioned below, you cannot use SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com or its Services. The most recent terms are located at: http://www.smartsamantha.com/defaultinterior_ektid54.aspx

You should visit this page occasionally to review these terms, and check for any changes. SmartSamantha reserves the right to change the TOS at any time, and it is your responsibility to be informed of any changes by visiting the current TOS.

There may be products and services which contain additional rules and regulations on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com. When they appear, these additional rules and regulations should be considered as part of these terms and conditions.

Security

As part of the registration process, members will select a member name along with a member password to create a new user Account (the “Account”). Accounts on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com are protected by the password chosen at the time of registration. You agree to keep your Account password secure and to not disclose it to anyone. You also agree that you will not solicit or use another member’s Account and password. You shall notify SmartSamantha by e-mail with title Abuse at info@SmartSamantha.com of any known or suspected use(s) of your Account, or any known or suspected breach of security, including theft or unauthorized disclosure of your password. You are solely responsible for any and all use of your Account, including maintaining the confidentiality of your password.

You may not (a) select or use a Member Name of another person with the intent of impersonating that person, (b) use a Member Name that SmartSamantha, at its sole discretion, deems inappropriate, or (c) use a Member Name that is subject to the rights of another person or entity without authorization.

Any fraudulent, abusive, or otherwise illegal activity on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com may be grounds for the termination of your Account, at SmartSamantha’ sole discretion, and you may be reported to the appropriate law-enforcement agencies.

Cancellation

You understand that you have no ownership rights to your account on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com, and that upon termination or cancellation of your Account, any materials and content that you may have created, uploaded, or posted to SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com will be removed.

You may notify SmartSamantha at any time that you wish to cancel your Account. Cancellation may take effect immediately.

SmartSamantha reserves the right to terminate your Account at any time, at its sole discretion, if it determines that you have failed to comply with the TOS in either letter or spirit. You agree that SmartSamantha shall not be held liable to you or any third party for either the cancellation or termination of your Account.

Community Rules

SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com members agree to not post, submit, transmit, or make available in any way (“Post”) any personally identifiable information (“Personal Information”) which includes, but is not limited to, last names, home addresses, phone numbers, name or address of your or any person’s school, from other Internet sites or services, e-mail addresses, and any other material that may facilitate the personal identification of you or any SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com member. SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com members further agree not to do any of the following:

  1. Solicit Personal Information from any member
  2. Create, upload, transmit, or make available in any way material that harms children in any way.
  3. Post any content that is unlawful, fraudulent, threatening, abusive, harassing, libelous, disruptive, vulgar, profane, obscene, hateful, racially offensive, insulting, or violates any person’s privacy by disclosing their Personal Information.
  4. Post any materials that contain masked vulgarity (e.g., substitution of letters and/or characters to hide vulgar words.
  5. Post any materials with the intention of impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
  6. Post any information that you know is false, misleading, or promotes illegal activity.
  7. Use SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com Services to transmit junk mail, chain letters, unsolicited mass e-mail, or spam.
  8. Post any files, computer codes, or software programs that contain software viruses or any other type of material that is intended to have a detrimental effect on a computer, network hardware, software products, or services.
  9. Post any content that SmartSamantha, at its sole discretion, deems inappropriate.

Posted Content

SmartSamantha does not claim ownership of content you create, upload, transmit, or make available in any way on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com. By posting content on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com, you grant SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, and/or store such materials for the purpose of displaying and promoting the materials on any website operated by, and in any related marketing materials produced by, SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com. Furthermore, by posting content on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com, you declare that any such content posted by you does not infringe on copyright, privacy, trademark, or any other proprietary right of any person, and warrant that the transmission or display of such content does not violate any copyright laws. SmartSamantha reserves the right to block, disable, or remove from SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com any content which is found to infringe on copyright, and at SmartSamantha’ sole discretion, terminate your Account for such violation.

You understand and acknowledge that SmartSamantha owns the servers on which your content resides, and that you own no protectable rights in and to those servers, your Account, or any data that resides on its servers. Should your Account be terminated, you will not be given back any content that you have uploaded or posted to SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com, nor will you be given access to those materials.

You acknowledge that views expressed by members on SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com do not necessarily reflect the views of SmartSamantha.

Disclaimer of Warranties

SMARTSAMANTHA.COM, SMARTSAMANTHAKIDS.COM, AND SMARTSAMKIDS.COM AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SMARTSAMANTHA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMARTSAMANTHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SMARTSAMANTHA DOES NOT WARRANT THAT ITS SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVERS ON WHICH SMARTSAMANTHA.COM, SMARTSAMANTHAKIDS.COM, AND SMARTSAMKIDS.COM RESIDES OR ANY SERVERS THAT MAKES SUCH MATERIAL AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTSAMANTHA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MATERIALS ON ANY SMARTSAMANTHA OPERATED WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH SMARTSAMANTHA.COM, SMARTSAMANTHAKIDS.COM, AND SMARTSAMKIDS.COM IS USED AT YOUR OWN RISK, AND SMARTSAMANTHA SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, CAUSED BY INFORMATION, IDEAS, OR ANY MATERIAL DOWNLOADED OR OBTAINED FROM SMARTSAMANTHA.COM, SMARTSAMANTHAKIDS.COM, AND SMARTSAMKIDS.COM. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SMARTSAMANTHA MAKES NO WARRANTIES REGARDING ANY GOODS, PRODUCTS, CONTENT, OR SERVICES PURCHASED OR OBTAINED FROM SMARTSAMANTHA.COM, SMARTSAMANTHAKIDS.COM, AND SMARTSAMKIDS.COM OR THIRD PARTY SITES HYPERLINKED TO FROM SMARTSAMANTHA.COM, SMARTSAMANTHAKIDS.COM, AND SMARTSAMKIDS.COM.

Indemnity

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

Modifications to Site and Services

SmartSamantha reserves the right, in its sole discretion, to add to, modify, and discontinue, temporarily or permanently, SmartSamantha.com, SmartSamanthaKids.com, and SmartSamKids.com or any part thereof, with or without limitations or notice. You agree that SmartSamantha shall not be held liable to you or any third party for any modification, suspension, or discontinuation of its Services.

Contact

If you have questions regarding these terms or wish to report violations of these terms, contact info@SmartSamantha.com.