Terms and Conditions of Use 

 

PLEASE READ THESE Terms and Conditions of Use CAREFULLY BEFORE USING THIS WEB SITE. 

 

The www.KidsTravelDoc.com web site and any other web site or information (e.g., e-mail, listservers, news and rss feeds) provided under the KidsTravelDoc.com domain name ("KidsTravelDoc" or the "Site" or the "Web Site") is a service of Traveling Healthy Inc. ("Traveling Healthy").  By using KidsTravelDoc, you signify your agreement with Traveling Healthy to the following Terms and Conditions of Use.  If you do not agree to all of these Terms and Conditions of Use, you do not have permission to use this Site. 

 

Latest Update: March 2008 

 

Traveling Healthy may revise and update these Terms and Conditions of Use at any time.  Your use of KidsTravelDoc will mean you accept the then-current Terms and Conditions of Use. 

 

INDEX 

 

KidsTravelDoc Does Not Provide Medical Advice

Use Of The Contents

Liability Of KidsTravelDoc And Their Business Partners

User Submissions

Special Concerns Regarding Media Files

Privacy

Passwords

Certain KidsTravelDoc And User Contents

Advertisements, Searches, And Links To Other Sites

Indemnity

General

Jurisdiction

Notice And Takedown Procedures; And Copyright Agent

Complete Agreement

 

KidsTravelDoc Does Not Provide Medical Advice 

The contents of KidsTravelDoc, such as text, graphics and audio and visual images, and all information (whether obtained from KidsTravelDoc, Traveling Healthy, or any of their business partners), and other material contained on the Site (the "Contents") are for personal and informational purposes only.  The Contents are not provided as, nor are intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health or a medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have seen on KidsTravelDoc! 

 

If you think you may have a medical emergency, call your doctor or 911 immediately. 

 

KidsTravelDoc and Traveling Healthy do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.  Reliance on any information provided by KidsTravelDoc, Traveling Healthy, their employees, others (e.g., columnists and business partners) appearing on the Site at the invitation of KidsTravelDoc or Traveling Healthy, or other visitors to the Site is solely at your own risk. 

 

If you believe anything on KidsTravelDoc is inaccurate or unclear, please let us know by contacting Editor@KidsTravelDoc.com with the details and any supporting information.  While KidsTravelDoc endeavors to provide up-to-date and accurate information, it can not guarantee that it will make any specific changes or post any corrections to the Contents or in any other way specifically respond to your notice. 

 

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Use Of The Contents 

Contents and features are subject to change or termination without notice in the editorial discretion of Traveling Healthy. 

 

Traveling Healthy permits you to view or download or print a copy of the Contents on KidsTravelDoc solely for your personal, non-commercial use provided you (i) do not remove any copyright and other proprietary rights notices that are contained in the Contents; and (ii) do not present the Contents to others in any manner such that attribution to Traveling Healthy would not be clear.  Use of certain software and other particular features accessible on or through KidsTravelDoc may also be subject to additional terms and conditions of use. 

 

The Contents are protected by copyright under both United States and foreign laws.  Title to the Contents remains with Traveling Healthy or its business partners.  Any use of the Contents not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.  All rights not expressly granted herein are reserved to Traveling Healthy and its business partners, as applicable. 

 

If you violate any of these Terms and Conditions of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have of any portion of the Contents. 

 

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Liability Of KidsTravelDoc And Their Business Partners 

The use of KidsTravelDoc and the Contents for any purpose is at your own and sole risk. 

 

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Traveling Healthy and its business partners.  Accordingly, Traveling Healthy assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of KidsTravelDoc. 

 

The KidsTravelDoc Site and the Contents are provided on an "as is" basis. 

 

Traveling Healthy AND ITS BUSINESS PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY AND FOREVER DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 

 

Without limiting the foregoing, Traveling Healthy and its business partners make no representations or warranties regarding the following: 

 

  1. The accuracy, reliability, completeness, current-ness, or timeliness of the Contents and other features (e.g., links, software tools, or communication channels) provided on or through the use of KidsTravelDoc. 

 

  1. The satisfaction of any government regulations requiring disclosure of information (including with respect to prescription drug products), approval or compliance with regard to the Contents and other features (e.g., links, software tools, or communication channels) provided on or through the use of KidsTravelDoc. 

 

In no event shall Traveling Healthy, its business partners, or any third parties mentioned on KidsTravelDoc be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use KidsTravelDoc or the Contents or other features, whether based on warranty, contract, tort, or any other legal theory, and whether or not Traveling Healthy, its business partners, or any third parties mentioned on KidsTravelDoc are advised of the possibility of such damages. 

 

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User Submissions 

Personal information you submit (upload, send or transmit, including by e-mail, web form or chat) or cause to be submitted to KidsTravelDoc, including your name and e-mail address is governed by the KidsTravelDoc Privacy Policy.  In addition, you may have occasion to submit or cause to be submitted other information or communications or content ("User Submissions") to KidsTravelDoc, either in response or comment to the Contents or otherwise (e.g., using the Contact Us form). 

 

With respect to all your User Submissions, you agree with and warrant to Traveling Healthy and its business partners that you will not submit any information or communications or content of any type to KidsTravelDoc that infringes or violates any rights of any party.  By submitting User Submissions, you agree that: 

 

  1. your User Submissions are non-confidential and may be used by KidsTravelDoc, Traveling Healthy and their business partners at any time for any and all purposes; and 

 

  1. KidsTravelDoc and Traveling Healthy may sublicense their rights in your User Submissions for any purpose without remuneration to you or any third party; and 

 

  1. you grant to KidsTravelDoc and Traveling Healthy a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in your User Submissions; and 

 

  1. you certify that any person pictured in or whose likeness is included in your User Submissions (or, if a minor, his/her parent/legal guardian) authorizes KidsTravelDoc and Traveling Healthy to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the contents of your User Submissions and any portion therein; and 

 

  1. you agree to indemnify KidsTravelDoc and Traveling Healthy and their affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your User Submissions (each one individually and in the aggregate) and/or your failure to comply with these Terms and Conditions of Use. 

 

Without limiting the forgoing, if you submit any business information, idea, concept or invention or copyrighted material to KidsTravelDoc, Traveling Healthy or their business partners (including by e-mail or physical delivery), you agree that, by making such submission, you are thereby granting and warranting that the owner of the information or communications or content of such submission, including any intellectual property included therein, has expressly granted KidsTravelDoc, Traveling Healthy and their business partners a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the information or communications or content in any media or medium, or any form, format, or forum now known or hereafter developed.  If you wish to keep any business information, ideas, concepts or inventions or copyrighted materials private (confidential) or proprietary, do not submit them to KidsTravelDoc or Traveling Healthy. 

 

We try to respond to most e-mail and other User Submissions in a timely manner, but are not always able to do so.  Therefore, you agree that KidsTravelDoc and Traveling Healthy are under no obligation to respond to or take any action regarding your User Submission. 

 

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Special Concerns Regarding Media Files 

You agree that Media Files (e.g., photos, videos or audio files) included in any User Submissions you submit must either be created by or on behalf of you (the submitter), or you (the submitter) must have all rights to transmit and license such Media Files without violating any third party patent, trademark, copyright, privacy or any other rights. 

 

Photos or videos of celebrities and cartoon or comic images or text and pictures found in publications (magazines, newspapers and internet web pages) are usually copyrighted by the owner and your use of such material in User Submissions may be a violation of third party rights.  Issues of whether your use of any such material in your User Submissions constitutes a "fair use" is beyond the scope of our agreement with you and you are ultimately responsible for any harm or violation that occurs as a result of your User Submissions.  In particular, you are on notice that KidsTravelDoc, Traveling Healthy and their business partners will rely on these Terms and Conditions of Use when making use of any User Submissions in order to obtain indemnification from you for any liability any of them incurs as a result of your User Submissions violating any third party rights.  If you have any doubt, you should obtain specific legal advice prior to submitting any User Submissions. 

 

In addition, please do not submit material of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or sexually explicit content.  It is strictly prohibited to submit information or communications or content that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions of Use. 

 

You agree that you will not knowingly upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web Site; and you agree to indemnify KidsTravelDoc, Traveling Healthy and their business partners from any such harm or damages incurred from your User Submissions. 

 

KidsTravelDoc reserves the right to, but has no obligation to review all User Submissions prior to including any information or communications or content therein (or any portion thereof) on the Site and to remove any information or communications or content or Media Files included on the Site for any reason, at any time, without prior notice, at our sole discretion. 

 

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Privacy 

We are committed to protecting the privacy of both adults and children.  You should be aware that this Site is not intended or designed to attract children under the age of 13.  We do not collect personally identifiable information from any person we actually know is a child under the age of 13. 

 

 

 

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Passwords 

If you sign-up or register for any service on KidsTravelDoc you will be required to provide a valid e-mail address and enter a password.  You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your KidsTravelDoc password or the e-mail account used to sign up.  It is your sole responsibility to: 

 

  1. control the dissemination and use of your e-mail address and KidsTravelDoc password; 

 

  1. authorize, monitor, and control access to and use of your e-mail address and KidsTravelDoc password; and 

 

  1. promptly inform KidsTravelDoc of any need to deactivate a password. 

 

You grant KidsTravelDoc and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your e-mail and password information solely in connection with the operation of the Site.  KidsTravelDoc cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using KidsTravelDoc. 

 

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Certain KidsTravelDoc And User Contents 

If you use KidsTravelDoc Contents that incorporate user communications, such as chat rooms, message boards, blogs, the "Ask Dr. Neumann" column or other user-community contents, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in such Contents.  KidsTravelDoc, Traveling Healthy and their business partners are not responsible for the consequences of any communications to the Site.  In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.  If you think you may have a medical emergency, call your doctor or 911 immediately. 

 

Your use of KidsTravelDoc Contents that incorporate user-community communications signifies your agreement that the following actions constitute a material breach of these Terms and Conditions of Use: 

 

  1. Using KidsTravelDoc for any purpose in violation of local, state, national, or international laws; 

 

  1. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 

 

  1. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by KidsTravelDoc in its sole discretion; 

 

  1. Posting advertisements or solicitations of business; 

 

  1. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 

 

  1. Posting chain letters or pyramid schemes; 

 

  1. Impersonating another person; 

 

  1. Distributing viruses or other harmful computer code; 

 

  1. Harvesting or otherwise collecting information about others, including email addresses, without their consent; 

 

  1. Allowing any other person or entity to use your identification for posting comments; 

 

  1. Posting the same message multiple times or "spamming"; or 

 

  1. Engaging in any conduct that restricts or inhibits any other person from using or enjoying KidsTravelDoc, or which, in the discretion of KidsTravelDoc, exposes KidsTravelDoc or any of its business partners or users to any liability or detriment of any type. 

 

KidsTravelDoc reserves the right (but is not obligated) to do any or all of the following: 

 

  1. Record the dialogue in public chat rooms. 

 

  1. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). 

 

  1. Remove communications which are, in the sole discretion of Traveling Healthy, abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions of Use. 

 

  1. Terminate a user's access to KidsTravelDoc upon any breach of these Terms and Conditions of Use. 

 

  1. Monitor, edit, or disclose any communications made to or through KidsTravelDoc. 

 

  1. Edit or delete any communication(s) posted on KidsTravelDoc, regardless of whether such communication(s) violate these standards. 

 

KidsTravelDoc, Traveling Healthy and their business partners have no liability or responsibility to users of KidsTravelDoc or any other person or entity for performance or nonperformance of the aforementioned activities. 

 

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Advertisements, Searches, And Links To Other Sites

KidsTravelDoc may provide links to third-party web sites.  KidsTravelDoc also may select certain sites as priority responses to search terms you enter and KidsTravelDoc may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.  KidsTravelDoc does not recommend and does not endorse the content on any third-party websites.  KidsTravelDoc is not responsible for the content of linked third-party sites, third-party web sites framed within the KidsTravelDoc Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding the content or accuracy or relevance of third-party web sites.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. 

 

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Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD KidsTravelDoc, Traveling Healthy, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE Terms and Conditions of Use. 

 

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General 

KidsTravelDoc and Traveling Healthy are based in New York, New York, in the United States of America with principal offices in New York, New York.  Traveling Healthy makes no claims that KidsTravelDoc, or any Site within the KidsTravelDoc.com domain name and the Contents are appropriate or may be downloaded outside of the United States.  Access to the Contents may not be legal by certain persons or in certain countries.  If you access KidsTravelDoc from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

 

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Jurisdiction 

You expressly agree that exclusive jurisdiction for any dispute with Traveling Healthy, or in any way relating to your use of KidsTravelDoc, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving KidsTravelDoc, Traveling Healthy or their business partners. 

 

These Terms and Conditions of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.  If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

 

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Notice And Takedown Procedures; And Copyright Agent 

If you believe any materials accessible on or from the Site infringe your patent, trademark, copyright or other rights, or in any way subjects you to harm or damages, you may request removal of those materials (or access thereto) from this Web Site by contacting Legal@KidsTravelDoc.com by e-mail and providing the following information: 

 

  1. Identification of the rights that you believe to be infringed, including the name of the owner of the rights and the date such rights were first established.  Please describe the material, work, or contents that are being infringed, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 

 

  1. Identification of the KidsTravelDoc Contents that you believe to be infringing, and its precise location (e.g., URL and the place within such page) and the date such Contents were first found on the Site.  Please describe the Contents, and provide us with its URL or any other pertinent information that will allow us to locate it. 

 

  1. Your name, address, telephone number and e-mail address. 

 

  1. A statement that you have a good faith belief that the complained of use of the Contents is not authorized by the copyright owner, its agent, or the law. 

 

  1. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. 

 

  1. A signature or the electronic equivalent from the copyright holder or authorized representative. 

 

KidsTravelDoc's delivery agent for copyright issues relating to this Web Site is as follows: 

 

Traveling Healthy Inc. 

Attn: Office of General Counsel 

108-48 70th Road 

Forest Hills, NY  11375 

 

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Complete Agreement 

Except as expressly provided in a particular "legal notice" on the KidsTravelDoc Site, these Terms and Conditions of Use constitute the entire agreement between you and Traveling Healthy with respect to the use of KidsTravelDoc, and any Contents and features provided through KidsTravelDoc. 

 

Thank you for your cooperation.  We hope you find KidsTravelDoc helpful and convenient to use!  Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form. 

 

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Copyright ©2008  Traveling Healthy Inc.  All rights reserved.