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Fun 4 Kids Privacy Policy

PRIVACY STATEMENT AND TERMS OF USE

The Ad Company LLC, DBA Fun 4 Kids, owns and operates Fun4Kidsmn.com, mnfun4kids.com, and StCloudFun4Kids.com website(s) (the "Website"). You may use this Website only if you comply with and agree to be bound by this Privacy Statement and Terms of Use (collectively, these "Terms of Use").

Please take a few minutes to review these Terms of Use before using the Website. By browsing, or otherwise using or contributing to the Website, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access, use, or contribute to the Website.

I. PRIVACY STATEMENT

The Ad Company LLC (dba Fun 4 Kids) is committed to maintaining a Website that protects the individual's right to privacy. We do not require personal information from our visitors, nor do we collect any personally identifying information (name, e-mail address, Social Security number, or other unique identifier) unless you knowingly provide it.

E-mail Address Registration

In certain areas of the Website you may be prompted to provide an e-mail address. This information will only be used for the distribution of requested information, including, but limited to, inquiries to e-newsletter subscriptions and for contacting winners of sweepstakes and contests. The Ad Company LLC does not sell e-mail addresses.

Other Information You May Provide to Us

You may decide to send us personally identifiable information and other information or materials through the Website, including by completion of online forms, entries to contests or sweepstakes, e-mail messages, or otherwise. All personally identifiable information you submit to us via such electronic communications will be managed in accordance with this Privacy Statement. We may use such information to provide you further information or services (e.g. to provide you with brochures or other requested information, or to process your entry into a contest), to improve our Website for you, or otherwise as applicable. We may share such information with third parties, including co-sponsors of any contests or sweepstakes featured on the Website. In addition, we use personally identifying information from consumers in various ways to further our customers' protection and to provide better service.

E-mail Newsletters

There are many ways you may be subscribed to one or more of our newsletters: you signed up to receive a newsletter from one of our Websites; you explicitly asked to be subscribed to a newsletter; you signed up for a contest or sweepstakes, and agreed to receive information in the future; or other means.

Options for unsubscribing from a newsletter are provided at the bottom of each newsletter.

Data Collection

To aid in Website management, certain information is collected for statistical and advertising purposes. The Ad Company LLC uses specialized software to create summary statistics, which are used for such purposes as assessing what information is of most and least interest to our customers, determining technical design specifications, and identifying system performance or problem areas. We may also collect information on what areas of our site you visit for future advertising purposes.

Information we collect about your visit may include:

  • the Website from which you linked directly to our Website, if you have used another Website to reach our Website
  • the IP address of the computer from which you connect to our Website
  • the operating system and Web browser you use to view our Website
  • the date and time you accessed our Website
  • the pages you visit during your visit to our Website
  • the searches you execute on our Website

We use the information we collect to measure the number of visitors to the different sections of our Website, allowing us to make our Website more useful and accessible to visitors, and for advertising purposes.

Cookies

Like many Websites, StCloudFun4Kids.com & Fun4kidsmn.com makes use of cookies, pieces of information stored on your computer which allow our Web servers to distinguish one visitor from another. We use cookies to allow you to use various personalization features of the Website that require registration; to obtain aggregate measures of users of our Web Site; and to promote more targeted advertising.

Disclosure of Information

We may share personal information collected through this Website (including without limitation information collected through your entry into sweepstakes or contests we may offer through this Website) with our affiliated organizations, and with selected third party marketing partners (including without limitation sponsors of various contests or sweepstakes offered through our Website), who may use it to contact you with information and offers they believe will be of interest to you. We also share personal information collected through this Website with third party vendors who act for us or on our behalf, for example, to help us run promotions or provide other support services. Our affiliates and our marketing partners may also share personal information with vendors who provide support services to them.

In addition, you acknowledge, consent and agree that The Ad Company LLC may access, preserve, and disclose your personal information and content posted by you to the Website: (i) if required to do so by law; (ii) to respond to claims that any content you have posted to the Website violates the rights of third parties; (iii) to respond to your requests for assistance; (iv) to protect the rights, property, or personal safety of The Ad Company LLC, its users and/or the public; or (v) or in the event of a transfer of ownership of The Ad Company LLC, merger, or other similar transaction.

If you would prefer that we not share your personal information with our affiliated organizations or marketing partners, or if you do not wish to receive e-mail messages or U.S. mail from us or our partners, you may indicate this preference by sending an e-mail to info@fun4kidsmn.com (must include full name and address) or by writing us at The Ad Company, 411 3rd Street North, Suite 200, Waite Park, Minnesota 56387. Be sure to include in the request your full name and address and specifically indicate that you wish to be removed from the mailing list. We will use reasonable efforts to honor such requests. You must understand, however, that even if you "opt-out," you may still receive communications from our affiliated organizations or marketing partners, for example, if they initiated the communication before we received your "opt-out" request.

II. TERMS OF USE

These Terms of Use May Change

We are continually improving and adding to the features and functionality of the Website and the content we offer through the Website. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use, and we reserve the right to make any such modifications at any time, without prior notice, by posting the revised version of these Terms of Use of behind the link marked "Privacy" at the bottom of each page of the Website.

Your continued use of or contributions to the Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking the link marked "Privacy" at the bottom of each page of the Website.

External links

  • We may link to external sites that help us perform our mission.
  • StCloudFun4Kids.com provides links to individual businesses and organizations within Minnesota. In addition, we reserve the right to provide links to external servers with whom StCloudFun4Kids.com is partnered or conducting promotional activities, or to sites that offer non-biased information that may be useful to those who use the Website.
  • Links to external servers do not imply any official StCloudFun4Kids.com endorsement of the opinions or ideas expressed therein, or guarantee the validity of the information provided. Links to commercial sites are in no way an endorsement of any vendor's products or services.
  • Links will be provided to external servers that are managed in a professional manner (i.e., it is fully operational, is available most of the time, does not serve inaccurate information or obscene graphics, etc.).
  • This server will not link to external servers if such a link would appear to provide an official endorsement of a commercial product or business.
  • All requests for links will be reviewed by StCloudFun4Kids.com communications manager prior to approval.
  • Placement of any link is at the discretion of StCloudFun4Kids.com.

Because The Ad Company/StCloudFun4Kids.com has no control over such external sites and resources, you acknowledge and agree that The Ad Company/StCloudFun4Kids.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Ad Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Accuracy or Endorsement

Information on businesses and organizations within StCloudFun4Kids.com is provided by those organizations or obtained through public sources. Such information is not verified or endorsed by The Ad Company. Users of this information are encouraged to call individual businesses to verify prices, amenities, features, dates and all other important details before traveling. Additionally, The Ad Company provides links to Websites which provide other information, but does not verify or endorse the content of any of those sites.

Copyright

All information on StCloudFun4Kids.com is protected by copyright by Fun 4 Kids. Individuals are granted permission to view or print information on this Website for activity planning or personal use, and may distribute this information to friends, family members or personal acquaintances for activity planning or personal use. Other uses of this information, including republication on the World Wide Web, in print publications, or in other formats/media, are not allowed without permission from The Ad Company.
Webmasters are welcome and encouraged to link to this Website from their own sites. Logos and suggested language for such links is available below.

Restrictions on using the Fun 4 Kids logo

The Fun 4 Kids logo is our official "trademark." Its use is reserved for official publications or other products of Fun 4 Kids'. Use of this logo without prior written approval is prohibited.

  • Special permission is required for any other use of Fun 4 Kids' logos. For permission, and for access to print-quality electronic files, contact info@fun4kidsmn.com.
  • You must include the Fun 4 Kids logo graphic with registered trademark (®) symbol intact, or the text Fun4KidsMN.com® with registered trademark symbol intact.
  • You must describe the link as the Fun 4 Kids MN Website, or words to that effect.
  • Contact Jason Phillippi at 320.774.1400 or info@fun4kidsmn.com with any questions.

Ownership of Web Site and Content

The Website, including all of the content on the Website is owned by The Ad Company LLC or by third parties who have licensed their copyrights to The Ad Company. No right, title or interest in the Website or any content on the Website is transferred to you under these Terms of Use. With respect to content you submit to us, you grant us the non-exclusive, royalty free, perpetual, irrevocable, transferable, sublicensable, worldwide license to reproduce, distribute, perform, and display such content or any part thereof, in any and all media or form of communication whether now existing or hereafter developed. If you believe that any content on the Website infringes upon the intellectual property rights of yourself or any third party, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending notice in accordance with our Copyright Policy.

Ownership of Feedback

The Ad Company welcomes your comments and feedback regarding the Website. All information and materials submitted to The Ad Company through the Website, such as any comments, reviews, photos, feedback, ideas, questions, designs, data or the like (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting Feedback to The Ad Company through the Website, you assign to The Ad Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. The Ad Company will be entitled to use any Feedback you submit through the Website, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.

You are responsible for the information and other Content contained in any Feedback you submit to us through the Website, including, without limitation, their truthfulness and accuracy.

Right to Modify or Discontinue Site

The Ad Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that The Ad Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Disclaimer of Warranties and Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AD COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEBSITE AND ALL CONTENT THEREON OR PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK, AND THAT ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES, WILL FUN 4 KIDS, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT SUBMITTED BY YOU TO THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE AD COMPANY/FUN 4 KIDS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE AD COMPANY/FUN 4 KIDS, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold The Ad Company/Fun 4 Kids, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of these Terms of Use or the Site Community Guidelines, or from any claims made by third parties arising out of your use of or posting to the Website, including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation with regard to Content created or submitted by you.

GENERAL TERMS

Security

Individuals using the Website must understand that the Internet is inherently insecure and no Website operator can guarantee that a Website is secure. The Ad Company/Fun 4 Kids does not warrant that the Website is secure or "hackerproof"; you use the Web Site solely at your own risk.

Choice of Law and Forum

These Terms of Use and the relationship between you and The Ad Company will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and The Ad Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Stearns, Minnesota.

Waiver and Severability of Terms

All waivers must be in writing and signed in ink on behalf of The Ad Company. The failure of The Ad Company to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

These Terms of Use constitute the entire agreement between you and The Ad Company/Fun 4 Kids and govern your use of the Fun 4 Kids Site, superseding any prior understandings or agreements between you and The Ad Company/Fun 4 Kids. This Agreement may be amended or modified only as set forth above.

Effective Date: March 1, 2016