Terms & Policies
Last Updated: May 1, 2014
Rezilient Kidz (“Rezilient Kidz”) is pleased to provide to you its sites, software, applications, content, products and services (“Rezilient Kidz Services”), which may be branded Rezilient Kidz, Boundless, Plugged In, Adventures in Odyssey, Odyssey Adventure Club or another brand owned, licensed by or affiliated with Rezilient Kidz. These terms govern your use and our provision of the Rezilient Kidz Services on which these terms are posted, as well as Rezilient Kidz Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Rezilient Kidz Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE REZILIENT KIDZ SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
- Contract between You and Us
This is a contract between you and Rezilient Kidz, a California nonprofit Religious Corporation located at 8605 Explorer Drive, Colorado Springs, CO 80920, USA, or between you and any different service provider identified for a particular Rezilient Kidz Service. You must read and agree to these terms before using the Rezilient Kidz Services. If you do not agree, you may not use the Rezilient Kidz Services. These terms describe the limited basis on which the Rezilient Kidz Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Rezilient Kidz Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Rezilient Kidz Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following our posting of the amendment on the Rezilient Kidz Services. If you do not agree to any change to these terms, you must discontinue using the Rezilient Kidz Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Rezilient Kidz Services) if you fail to comply with any provision of these terms.
- The Rezilient Kidz Services
The Rezilient Kidz Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Rezilient Kidz Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Rezilient Kidz Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Rezilient Kidz Services may be used or exploited in any way other than as part of the Rezilient Kidz Services offered to you. You may own the physical media on which elements of the Rezilient Kidz Services are delivered to you, but we retain full and complete ownership of the Rezilient Kidz Services. We do not transfer title to any portion of the Rezilient Kidz Services to you.
Content and Software License
If a Rezilient Kidz Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Rezilient Kidz Service; decompile, reverse engineer, disassemble or otherwise reduce any Rezilient Kidz Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Rezilient Kidz Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Rezilient Kidz Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Rezilient Kidz Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE REZILIENT KIDZ SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Rezilient Kidz Services
The Rezilient Kidz Services are constantly evolving and will change over time. If we make a material change to the Rezilient Kidz Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Rezilient Kidz Services
We do not allow uses of the Rezilient Kidz Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Rezilient Kidz Service or connected network, or interfere with any person or entity’s use or enjoyment of any Rezilient Kidz Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Rezilient Kidz Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy any element of the Rezilient Kidz Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a Rezilient Kidz Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Rezilient Kidz Services. You agree that your access to the Rezilient Kidz Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Rezilient Kidz Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Rezilient Kidz Services may be prohibited or restricted by your network provider and not all Rezilient Kidz Services may work with your network provider or device.
- Your Content and Account
User Generated Content
The Rezilient Kidz Services may allow you, the user, to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content that you have created (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Rezilient Kidz Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Rezilient Kidz Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Rezilient Kidz Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Rezilient Kidz Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Rezilient Kidz Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
- Paid Transactions
Identity of Seller
Rezilient Kidz uses a third-party vendor to transact sales on the Rezilient Kidz Services.
Some Rezilient Kidz Services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed. Unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular Rezilient Kidz Service. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a Rezilient Kidz Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If you use a payment method other than a credit card, you may incur an additional payment processing fee and may not be able to automatically renew subscriptions.
Right of Cancellation
When you subscribe to a Rezilient Kidz Service, you have the right to withdraw from your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fees paid but will still be obligated to pay other charges incurred. Notices of withdrawal or cancellation must be in writing and delivered to the address provided in connection with the relevant Rezilient Kidz Service.
All license purchase fees are non-refundable. When purchasing a license to access digital content or virtual items, you agree that you are not entitled to a cancellation or cooling-off period and that the license purchase becomes final when you receive delivery of or otherwise access such content.
Right of Return
You have the right, within thirty (30) days from the date of your receipt of the relevant goods, to cancel our contract with you and return the goods. This right does not apply to digital content, virtual items or products stated by us on the Rezilient Kidz Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed.
We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a Rezilient Kidz Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
Competitions that you enter on a Rezilient Kidz Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, you must be a registered user of the Rezilient Kidz Services. In some cases, you may be required to have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s permission before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition are available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
- Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
8605 Explorer Drive
Colorado Springs, CO 80920
Phone: +1 719-531-3400
Fax: +1 719-531-3391
We are only able to accept notices in the English language.
We will respond to claims of copyright infringement committed using the Rezilient Kidz Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Rezilient Kidz Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Rezilient Kidz Services shall be filed, and that venue properly lies, only in the state or federal courts located in Colorado, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any conflict of law principles.
Binding Arbitration and Class Action Waiver
You and Rezilient Kidz agree to arbitrate all disputes between you and Rezilient Kidz or its affiliates, except disputes relating to the enforcement of Rezilient Kidz or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Rezilient Kidz Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Rezilient Kidz must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Rezilient Kidz, 8605 Explorer Drive, Colorado Springs, Colorado 80920, USA, and Attention: Legal Department/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Rezilient Kidz will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Rezilient Kidz do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Rezilient Kidz will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in El Paso County, Colorado Springs, Colorado, United States of America, and you and Rezilient Kidz agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Rezilient Kidz will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
On our website there are a variety of ways to interact with us that may require or request your Personally Identifiable Information.
Unsubscribing to E-mail Rezilient Kidz wants to make it easy to unsubscribe to e-mails we send to you. Just look for the “Unsubscribe” link at the bottom of any e-mail we send and follow the instructions there. You can unsubscribe at any time for any reason. In addition, may contact us at the address or phone number provided in the Contact section below.
Your friend’s e-mail address
We will use your friend’s e-mail address to send the specific message you asked us to send. We will not contact your friend again unless he/she voluntarily subscribes to our services.
We recognize that there are some people who may abuse our “send to a friend” system to send e-mail to persons who are not truly friends and who do not want e-mail from us. Though minimizing such risks is important to us, we still consider this service important enough to offer it.
Collection of Information
At Rezilient Kidz, we do direct some online services to children (defined as persons under age 13). Because we wish to make our best efforts to protect the privacy of all users of our site, including children, we endeavor to comply with the 1998 Children’s Online Privacy Protection Act. While these measures are included elsewhere in this policy, we summarize them here for the sake of communicating them clearly and understandably to you. Our site:
- Includes our contact information,
- Explains the types of personal information we collect, and how we use it,
- Explains our practices in terms of sharing personal information with third parties,
- Allows parents to consent to the collection and use of their child’s personally identifiable information, without consenting to disclosure to third parties,
- Explains that we do not condition a child’s participation in an activity on the child’s providing more personal information than is reasonably necessary for the activity.
- Allows parents to review their child’s information, have it deleted, or refuse to permit any further collection, by contacting:
Types of Information Collected
We automatically track and collect “Traffic Data,” including your computer’s IP address, domain server, type of computer, and type of web browser when you visit our site.
We also maintain logs of the specific details of your activity on our site (e.g., how long you were signed on, the pages you visited and when a particular link is clicked).
Traffic Data is anonymous information that does not personally identify you.
In order for you to access certain services and to purchase products that we offer on the website, we sometimes require you to provide us with Personally Identifiable Information that may include:
- Contact Data (such as your name, mailing and e-mail addresses);
- Financial Data (such as your account or credit card number); and
- Demographic Data (such as your zip code, age and income).
From time to time our site may request information from users via surveys. Participation is completely voluntary. Information requested may include demographic information (such as age and zip code).
We may post poll questions on the site that allow children under 13 to respond by email. Information gathered from polls or surveys are only for our internal use. We may post sample answers to polls or surveys on the website, but we do not include personally identifiable information in those sample answers.
Our site may provide a feature whereby individuals, including children, may send an online greeting card via e-mail. We require the sending individual to provide his or her e-mail address in order to send the card as if it came directly from them. That e-mail address is not retained after the card has been sent.
Uses of Information Collected
If you request information related to our ministry, our products or services, or seek to obtain promotional material, or request that we contact you, we will use your Contact Data to do such things.
We use your Financial Data to verify your qualifications for certain complimentary products or services or to bill you for products and services.
We may use your Demographic Data to customize and tailor your experience on the website, such as displaying content that we think would interest you, or to monitor and improve the use our website and improve user satisfaction.
We use Traffic Data for monitoring and improving the use of our site and the satisfaction of visitors to our site.
In addition to collecting information, sometimes we place a file, referred to as a “cookie,” on your computer in temporary internet file space. These files do not contain your Personally Identifiable Information. Browsers typically recognize when a cookie has been sent to your computer and, if you have set your browser, gives you the option to refuse or allow it. We can access cookies later in your session or in a later visit to our site in order to improve your visit to our site, as in the following examples:
When you request a resource we require that you provide certain information to complete your transaction. This information is used to create a unique account within our Online . Following account registration and login, a cookie is used to automatically identify you as a registered user when you are browsing the Online Resource Center.
Shopping Cart Identification
This cookie allows us to maintain a “shopping cart” containing the products for which you are shopping at our Online Store. To limit unauthorized access, this cookie terminates when you exit our site at the end of a browser session.
Sharing of Information
We do not share your Contact Data or Financial Data with third parties except those who are providing services to us, such as a mailing service. Even then, we carefully screen those whom we use to provide such services. At Rezilient Kidz, we treat such information, and more importantly your trust in providing it, very seriously.
We may share Demographic Data and Traffic Data, with advertisers and other third parties. The data that we share is not personally identifiable, and is mixed with similar data from others.
User Choice Regarding Collection, Use and Distribution of Personally Identifiable Information
You may choose not to provide us with any Personally Identifiable Information. If so, you can still access and use much of our site; however you will not be able to access and use those portions of the site that require your Personally Identifiable Information. If you do not wish to receive information we provide, you may opt-out any time we ask you for Personally Identifiable Information.
In addition, if you are a parent of a child under the age of 13, you may opt-out of our disclosure of your child’s information to any third party, but still allow us to collect and use the information for our purposes.
Your Personally Identifiable Information is stored on secure servers. We provide you with the capability through encryption technology to transmit your Personally Identifiable Information from your computer to our ecommerce system if your web browser has that capability.
At times we use password protection to protect your privacy and security and to limit the visitors to various portions of our site to those who we intend to grant such access.
SECURITY AND DISCLAIMERS. Rezilient Kidz always uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. Rezilient Kidz has implemented appropriate security measures in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, REZILIENT KIDZ SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR VISITOR, EVEN IF REZILIENT KIDZ HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REZILIENT KIDZ DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER OR VISITOR SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER OR VISITOR IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN LOGIN INFORMATION.
EACH CUSTOMER OR VISITOR SHOULD BE AWARE THAT REZILIENT KIDZ IS NOT RESPONSIBLE FOR DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN REZILIENT KIDZ AND THE CUSTOMER OR VISITOR OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR INCORRECT CONTACT INFORMATION SUPPLIED BY THE CUSTOMER OR VISITOR.
REZILIENT KIDZ COOPERATES WITH INQUIRIES FROM LAW ENFORCEMENT AGENCIES AND WILL ASSIST IN ATTEMPTING TO IDENTIFY A CUSTOMER OR VISITOR WHEN REZILIENT KIDZ IS REQUIRED BY LAW TO DO SO OR WHEN REZILIENT KIDZ, IN THE EXERCISE OF ITS JUDGMENT, DETERMINES IT IS NECESSARY TO PROTECT ITSELF, ITS WEBSITE, SERVICES, CUSTOMERS AND OTHERS.
Contact Us to Update and Correct Personally Identifiable Information
If you need to update, change or delete your Personally Identifiable Information or your child’s Personally Identifiable Information, please contact us at Rezilient Kidz, Attention Relationship Services, 8605 Explorer Drive, Colorado Springs, Colorado 80920, phone us at 1-800-232-6459, or email us at [email protected] Kidzonthefamily.com.
Lost or Stolen Information
You must promptly notify us if your credit card, user name or password is lost, stolen or used without permission. In such an event, we will cancel that credit card number, user name or password and update our records accordingly.
Other Limits to Your Privacy
We may also provide you the opportunity to post information to our site. Please understand that any information that is disclosed in these areas becomes generally available to the public. We have no control over its use and you should exercise caution when deciding to post Personally Identifiable Information.
Last updated on May 1, 2014.
California Privacy Rights
The California Civil Code Section 1798.83 allows our California guests and customers to request certain information regarding our disclosures (if any) in the prior calendar year, of personally identifiable information to third parties for the direct marketing purposes of those third parties. To make such a request, please contact us at either [email protected] Kidz.org or Rezilient Kidz, 8605 Explorer Drive, Colorado Springs, Colorado 80920, Attn: Legal Department, and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt.
Questions or Suggestions
Last Updated: March 2015
Rezilient Kidz (hereinafter, “Rezilient Kidz“) websites are based on a set of foundational Christian beliefs. We make no apologies for holding a Judeo-Christian perspective of marriage, family and the value of life and children. Thanks for your openness to respectfully consider our viewpoints. To find out more about our organization, please visit About Us.
PLEASE READ THESE POSTING GUIDELINES CAREFULLY BEFORE USING OUR SITES. By posting any content to a Rezilient Kidz site, you signify your assent to these guidelines. If you do not agree with any part of the following guidelines, do not post to our sites. These Posting Guidelines may be updated from time to time without notice to you. Rezilient Kidz may republish any material contributed by our users. By posting a message, users expressly grant Rezilient Kidz the right to republish or sell the posted content as part of any edited compilation.
- POSTING RULES AND ONLINE ETIQUETTE.
As our online communities have developed, we’ve discovered a need to establish guidelines for posting user-generated content to our sites. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on any of our sites, or transmit to other users. Users may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by them and posted by Rezilient Kidz. By using our sites, you agree to adhere to the following rules:
- In an effort to foster civil discourse, community users are required to communicate with the respect, love, and understanding that Christ would expect from all of us. Therefore, refrain from addressing topics that you would not be willing to bring up with a close, Christian friend or mentor and strive to maintain a tone like that you would use when speaking to a valued friend.
- No strong, vulgar, graphic, obscene, racial, or otherwise harmful or derogatory language is permitted. When posting about sexual matters, comments should be discreet, appropriate, and not overly detailed.
- No harassing, intimidating, stalking, or threatening other Rezilient Kidz users.
- No libelous, defamatory, or slanderous language aimed at other users or members of your family. It’s important that our online community uphold the sanctity of the marriage relationship and foster respect among family members.
- No impersonating any person, including, but not limited to, other Rezilient Kidz users or employees of Rezilient Kidz.
- No invasion of another’s privacy.
- No actions that are harmful to minors.
- No posting, distributing, transmitting, or promoting illegal content.
- No posting, providing, transmitting, or otherwise making available any information that you do not have a right to make available due to contract, fiduciary duty, or operation of law (such as inside, proprietary or confidential information).
- No posting, providing, transmitting, or otherwise making available any junk mail or spam.
- No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, malware, etc.).
- No off-topic posts that go outside the scope of, or move the conversation away from, the original intent of the blog or forum.
- No discussion of medical or legal topics that should be handled in a professional setting.
- No photos, videos, surveys, solicitations, personal research, soliciting or marketing are permitted.
- No extended or disrespectful debates between users.
- No links from Rezilient Kidz sites to other websites unless such other websites are related to the topic being discussed.
- No posting of any material that is copyright protected without written permission from the copyright owner. You are responsible for ensuring that your message or posting does not violate any existing copyrights.
- No posting of any personal information, including but not limited to your date of birth, street address, email address, or any other information that might allow others improper access to you or your family, or to impact the security of your identity.
- No collecting, storing, or posting of personal data about or of other community members.
- No posting of comments that refer specifically to any current political candidate, or any measure on or being considered for, a current ballot – at any level of local, state, or federal government. Rezilient Kidz is a non-profit entity qualified under Section 501(c)(3) of the Internal Revenue Code and, therefore, cannot take a position on specific votes or display on our sites any statements related to specific voting positions. In addition, we cannot discuss or permit posts of personal viewpoints on political candidates or ballot measures. Any posts that violate these rules will be removed
- RELIANCE ON POSTED INFORMATION.
The opinions, ideas, views and recommendations expressed on any of the blogs or forums hosted by Rezilient Kidz do not necessarily represent those of Rezilient Kidz. Therefore, we encourage you to be discerning and wise when reading the comments posted by other users. Rezilient Kidz is not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on forums or blogs hosted by Rezilient Kidz, or for any results obtained from the use of such information or advice. Rezilient Kidz will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained from forums or blogs hosted by Rezilient Kidz.
- USER SAFETY.
Please be aware that many of the blogs on the Rezilient Kidz websites will display the user’s first and last name in association with any post. However, Rezilient Kidz is concerned about the safety and privacy of all its users. As stated above, please refrain from posting any personal information to any Rezilient Kidz site. In order to protect your safety and the safety of your family, Rezilient Kidz may delete in their entirety any posts containing any such personal information. As an additional measure to provide safety to our online community, we will not facilitate or allow private contacts between users.
Rezilient Kidz may, but has no obligation, to monitor the materials posted to Rezilient Kidz sites. Notwithstanding this right, you remain solely responsible for the content of the materials you post to any Rezilient Kidz site. Once a post is submitted, it may be reviewed by Rezilient Kidz staff moderators for content, length, privacy, appropriateness, and/or the use of any personal information, and removed. Rezilient Kidz may contact or respond to users individually regarding the nature or content of their posts. In addition, Rezilient Kidz may remove and delete in their entirety any posts that violate the law or these Posting Guidelines, or for any other reason in Rezilient Kidz’ sole discretion. Rezilient Kidz may close any conversation by locking the thread.
- COMPLIANCE WITH OTHER REZILIENT KIDZ POLICIES.
6. COPYRIGHT Act Agent.
Focus respects the intellectual property rights of others, and requires that the people who use our sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
8605 Explorer Drive
Colorado Springs, CO 80920
Email: [email protected]
7. How to Contact Us.
We welcome your participation in our online communities! If you would like personal help regarding a specific need, our staff would be honored to come alongside you. Simply email us [email protected] Also, we have licensed counselors available to offer assistance. If you have any additional comments or questions, please do not hesitate to contact us [email protected], 1-800-232-6459, or write us at:
8605 Explorer Drive
Colorado Springs, CO 80920.