Terms of Use

1. Introduction

1.1. Our Purpose

Our services offer our Users (as defined below) the ability to. As detailed below, we offer our users to both clients, donors and vendors. Our online, and mobile website enables clients, donors and volunteers to create their individual user log-in and pass code information to assess some of our events online and are collectively referred to herein as “User Platform(s)”.

1.2. Legal Agreement

These First Foundation Kids, Inc..com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the First Foundation Kids, Inc..com website(s) (“First Foundation Kids, Inc. Website”, and collectively – the “First Foundation Kids, Inc. Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the First Foundation Kids, Inc. Website, the First Foundation Kids, Inc. mobile application (the “First Foundation Kids, Inc. App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the First Foundation Kids, Inc. Website or the First Foundation Kids, Inc. App, collectively – the “First Foundation Kids, Inc. Services” or “Services”). For the avoidance of doubt, First Foundation Kids, Inc. Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a First Foundation Kids, Inc. User, even if presented on the First Foundation Kids, Inc. Website or the First Foundation Kids, Inc. App.

The First Foundation Kids, Inc. Terms constitute a binding and enforceable legal contract between First Foundation Kids, Inc. and its affiliated non-profit entities and subsidiaries worldwide (“First Foundation Kids, Inc.”, “us” or “we”) and you in relation to the use of any First Foundation Kids, Inc. Services - so please read them carefully.

You may visit and/or use the First Foundation Kids, Inc. Services and/or the First Foundation Kids, Inc. App only if you fully agree to the First Foundation Kids, Inc. Terms - and by using and/or registering to any of the First Foundation Kids, Inc. Services, you signify and affirm your informed consent to these Terms of Use and any other First Foundation Kids, Inc. Terms applicable to your use of any First Foundation Kids, Inc. Services. If you do not read, or fully understand or if you do not agree to the First Foundation Kids, Inc. Terms, you must immediately leave the First Foundation Kids, Inc. Website and avoid or discontinue all use of the First Foundation Kids, Inc. Services or First Foundation Kids, Inc. App.

By using our Services, you also acknowledge that you have read our Privacy Policy available at our Privacy Policy.

By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

1.3. User Account

In order to access and use the First Foundation Kids, Inc. Services, you must first register and create an account with First Foundation Kids, Inc. (“User Account”).

Creation of a User Account or purchase of Paid Services (as defined in Section 5 below), can be done directly on the First Foundation Kids, Inc. Website.

If you register to First Foundation Kids, Inc. Services or purchase Paid Services via a Reseller (referred to herein as a “Reseller User”) please note the following:

1.4 Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms.

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the First Foundation Kids, Inc. Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using First Foundation Kids, Inc. Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

If you are a Contributor, you are required to register and create a User Account of your own in order to access the User Account under which you are a Contributor. Therefore these Terms of Use apply to Contributors as well.

You can create an account and purchase services also via a third-party authorized to sell First Foundation Kids, Inc. (Reseller). If you register to First Foundation Kids, Inc. or purchase services via a Reseller you agree and accept these First Foundation Kids, Inc. terms of use (in addition to any arrangement between you and the Reseller), so that in you relationship with First Foundation Kids, Inc. these terms will overcome any other terms, and that some First Foundation Kids, Inc. services and features may not be available to you or be available to you only through the Reseller platform.

1. 5 Account Ownership

For each User Platform, First Foundation Kids, Inc. will consider the owner of such User Platform to be the person or entity whose email address is listed in First Foundation Kids, Inc.’s records as the owner of the User Account under which the User Platform was created.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without First Foundation Kids, Inc. having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

If you created your User Account directly on the First Foundation Kids, Inc. Website (and not via a Reseller), we may consider the principles set forth below to determine ownership. The following applies to contributors.

First Foundation Kids, Inc. will consider the person or entity who has access to the e-mail address (listed in First Foundation Kids, Inc.’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant First Foundation Kids, Inc. Service.
If any Services were received via a User Account, First Foundation Kids, Inc. may consider the owner of such User Account Notwithstanding the foregoing, when applicable, if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on First Foundation Kids, Inc.’s database, First Foundation Kids, Inc. may consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such a domain, First Foundation Kids, Inc. will consider the organization as the actual owner of the domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, First Foundation Kids, Inc. shall consider the person registered as the owner of the domain connected to the First Foundation Kids, Inc. Account as the owner of the User Platform.

Notwithstanding the foregoing, First Foundation Kids, Inc. shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event First Foundation Kids, Inc. deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of First Foundation Kids, Inc..

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s), and be accurate and complete.

When a user account is disputed, we may determine the ownership of such user account.

2. Your Obligations

2.1. You represent and warrant that:

you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the U.S.A, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the First Foundation Kids, Inc. Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the First Foundation Kids, Inc. Terms;
you are not ordinarily resident of, the State of Georgia and will not use or distribute the First Foundation Kids, Inc. Services or First Foundation Kids, Inc. App in, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”). You further confirm that you will not use or distribute the First Foundation Kids, Inc. Services or the First Foundation Kids, Inc. App directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify First Foundation Kids, Inc. against any and all losses, including without limitation, monetary penalties and legal fees, that First Foundation Kids, Inc. may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or address you provide us;
you understand that First Foundation Kids, Inc. does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by First Foundation Kids, Inc. Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow First Foundation Kids, Inc. Services or First Foundation Kids, Inc. App to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.
the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for First Foundation Kids, Inc. and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the First Foundation Kids, Inc. Services;
you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

In order to use our services, there are certain obligations and conditions you need to meet.

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable First Foundation Kids, Inc. or your end users to do with it) is legal.

2.2. You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the First Foundation Kids, Inc. Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the First Foundation Kids, Inc. Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the First Foundation Kids, Inc. Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third-Party Services used, connected, presented or developed by you;
receive from time-to-time promotional messages and materials from First Foundation Kids, Inc. or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
allow First Foundation Kids, Inc. to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of First Foundation Kids, Inc.’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against First Foundation Kids, Inc. or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
First Foundation Kids, Inc.’s sole discretion as to the means, manner, and method for performing the First Foundation Kids, Inc. Services, including those regarding the publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
First Foundation Kids, Inc. shall have the right to offer the First Foundation Kids, Inc. Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the First Foundation Kids, Inc. Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.

- List of Musts

You must comply with all applicable laws.

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

You shall regularly save backups of your content.

You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.

You agree that First Foundation Kids, Inc. has the right to impose and change price plans for its Services. Additionally, First Foundation Kids, Inc. may impose restrictions depending on your specific usage of the Service.

2.3. You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the First Foundation Kids, Inc. Website, the First Foundation Kids, Inc. Services (or any part thereof), any Content offered by First Foundation Kids, Inc. or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without First Foundation Kids, Inc.’s prior written and specific consent and/or as expressly permitted under the First Foundation Kids, Inc. Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of First Foundation Kids, Inc. or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the First Foundation Kids, Inc. Website or the First Foundation Kids, Inc. Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the First Foundation Kids, Inc. Services or Licensed Content on any website, media, network or system other than those provided by First Foundation Kids, Inc., and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the First Foundation Kids, Inc. Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by First Foundation Kids, Inc., in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the First Foundation Kids, Inc. Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the First Foundation Kids, Inc. Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the First Foundation Kids, Inc. Services;
act in a manner which might be perceived as damaging to First Foundation Kids, Inc.’s reputation and goodwill or which may bring First Foundation Kids, Inc. into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use First Foundation Kids, Inc. or First Foundation Kids, Inc. Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the First Foundation Kids, Inc. Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to First Foundation Kids, Inc. and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that First Foundation Kids, Inc. or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of First Foundation Kids, Inc. Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the First Foundation Kids, Inc. Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the First Foundation Kids, Inc. Services, User Platform, the account of another User(s), or any other systems or networks connected to the First Foundation Kids, Inc. Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the First Foundation Kids, Inc. Services or any network connected to the First Foundation Kids, Inc. Services;
upload to the First Foundation Kids, Inc. Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the First Foundation Kids, Inc. Services or First Foundation Kids, Inc.’s systems or networks connected to the First Foundation Kids, Inc. Services, or otherwise interfere with or disrupt the operation of any of the First Foundation Kids, Inc. Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the First Foundation Kids, Inc. Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
utilize any of the First Foundation Kids, Inc. Services or First Foundation Kids, Inc. Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;
access to First Foundation Kids, Inc. Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or First Foundation Kids, Inc. Services, except as expressly permitted by the First Foundation Kids, Inc. Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the First Foundation Kids, Inc. Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the First Foundation Kids, Inc. Terms or any laws or requirements applicable to your use of the First Foundation Kids, Inc. Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

- List of Don’ts

In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

3. Content and Ownership

3.1. Your Intellectual Property

As between First Foundation Kids, Inc. and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to First Foundation Kids, Inc. Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. First Foundation Kids, Inc. does not claim ownership rights on your User Content or the content you connected to the First Foundation Kids, Inc. Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

You own all rights to your content. We may handle your content in order to provide you with our services.

3.2. First Foundation Kids, Inc.’s Intellectual Property

All rights, title and interest in and to the First Foundation Kids, Inc. Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the First Foundation Kids, Inc. Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to First Foundation Kids, Inc..

Subject to your full compliance with the First Foundation Kids, Inc. Terms and timely payment of all applicable Fees, First Foundation Kids, Inc. hereby grants you, upon creating your User Account and for as long as First Foundation Kids, Inc. wishes to provide you with the First Foundation Kids, Inc. Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the First Foundation Kids, Inc. Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the First Foundation Kids, Inc. Terms, and solely within the First Foundation Kids, Inc. Services.

The First Foundation Kids, Inc. Terms do not convey any right or interest in or to First Foundation Kids, Inc.’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the First Foundation Kids, Inc. Terms constitutes an assignment or waiver of First Foundation Kids, Inc.’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the First Foundation Kids, Inc. Services, are licensed to First Foundation Kids, Inc. by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.First Foundation Kids.com/terms-of-use.

We own all rights in and to our services, content, data, technology and features.

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

Certain fonts which are available to you are licensed by a third party, make sure you read their terms as well.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the First Foundation Kids, Inc. Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by First Foundation Kids, Inc.. By providing such Feedback to First Foundation Kids, Inc., you acknowledge and agree that it may be used by First Foundation Kids, Inc. in order to: (i) further develop, customize and improve of the First Foundation Kids, Inc. Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized First Foundation Kids, Inc. -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which First Foundation Kids, Inc. may use to provide and improve its services, (vi) to enhance First Foundation Kids, Inc. data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to First Foundation Kids, Inc. any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

4. Privacy

Certain parts of the First Foundation Kids, Inc. Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the First Foundation Kids, Inc. Services, First Foundation Kids, Inc. and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the First Foundation Kids, Inc. Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information.

5. Service Fees

5.1. Paid Services

The use of certain First Foundation Kids, Inc. Services may be subject to payment of particular fees, as determined by First Foundation Kids, Inc. in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5 of this Section 5 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.

First Foundation Kids, Inc. will notify you of the Fees then in effect, you need to pay directly to First Foundation Kids, Inc. in relation to the Paid Services you decide to purchase from First Foundation Kids, Inc.. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance
First Foundation Kids, Inc. reserves the right to change its Fees at any time in its sole discretion. First Foundation Kids, Inc. will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions.
you received a discount or other promotional offer, either from First Foundation Kids, Inc. or from a Reseller, First Foundation Kids, Inc. or the Reseller, respectively, shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such First Foundation Kids, Inc. Service(s) at the full then-current applicable Fee.
All Fees paid directly to First Foundation Kids, Inc. shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by First Foundation Kids, Inc. To the extent permitted by law (and unless specified otherwise by First Foundation Kids, Inc. in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the First Foundation Kids, Inc. Services, or to any payments or purchases made by you. If First Foundation Kids, Inc. is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). First Foundation Kids, Inc. is not responsible for any such additional fees or costs.
If you purchase Paid Services directly from First Foundation Kids, Inc., then as part of registering or submitting information to receive Paid Services, you also authorize First Foundation Kids, Inc. (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries First Foundation Kids, Inc. or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with First Foundation Kids, Inc. to pay for your Paid Services (“Stored Card”) that are purchased directly from First Foundation Kids, Inc. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

Some of our services cost money. We will let you know how much beforehand Our prices are stated in U.S. Dollars and before taxes, unless otherwise said.

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

If you are a Reseller User then payment and management of Paid Service might be conducted directly with the Reseller.

5.2. Invoices

First Foundation Kids, Inc. and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by First Foundation Kids, Inc. (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

5.3. Loss of Data, Content and Capacity

If your User Account or any First Foundation Kids, Inc. Services or Third Party Services related to your User Account are canceled (whether at your request or at First Foundation Kids, Inc.’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). First Foundation Kids, Inc. shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any First Foundation Kids, Inc. Services following their cancellation, as determined by First Foundation Kids, Inc. in its sole discretion.

Following the termination of your User Account or User Platform, First Foundation Kids, Inc. reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.

Your account or any of your services are cancelled, it may result in loss of content and data which cannot be recovered. You are responsible to back up your data and materials.

6. Third Party Services

The First Foundation Kids, Inc. Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the First Foundation Kids, Inc. Website (including the First Foundation Kids, Inc. App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, external databases, code packages, etc. (collectively, “Third-party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain First Foundation Kids, Inc. Services, offered separately by First Foundation Kids, Inc. or persons certified or authorized by First Foundation Kids, Inc., connected independently by you or otherwise offered anywhere on the First Foundation Kids, Inc. Services), First Foundation Kids, Inc. merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. First Foundation Kids, Inc. will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

You acknowledge that such services may require the payment of additional amounts to First Foundation Kids, Inc. and/or to the providers of such Third-Party Services.

Any and all use of such Third-party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third-party services, tools, code, algorithms, databases, products, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.

While we hope to avoid such instances, First Foundation Kids, Inc. may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the First Foundation Kids, Inc. Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

11. First Foundation Kids, Inc. Studio

As part of the First Foundation Kids, Inc. Services, you may register to First Foundation Kids, Inc. Studio and gain access to the First Foundation Kids, Inc. Studio workspace (“First Foundation Kids, Inc. Studio Workspace”). The First Foundation Kids, Inc. Studio Workspace is only available to Users who are agencies or freelancers that build sites or applications for others (including those building for enterprise clients). First Foundation Kids, Inc. reserves the right to disable or discontinue the use of First Foundation Kids, Inc. Studio Workspace for Users that do not meet the above criteria.

12. Misconduct and Copyrights

12.1. Misconduct and Abuse

When using First Foundation Kids, Inc. Services, you may be exposed to User Platforms, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against First Foundation Kids, Inc. with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the First Foundation Kids, Inc. Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon First Foundation Kids, Inc., and that First Foundation Kids, Inc. may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

12.2. Copyrights

First Foundation Kids, Inc. acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit First Foundation Kids, Inc. to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

First Foundation Kids, Inc.’s Copyright Agent can be reached at the following address:

First Foundation Kids, Inc.

2730 N. Berkeley Lake Road., 2nd Floor, Duluth, GA 30096 USA.

Attn: Copyright Agent

Telephone Number: 1-770-229-0607

E-mail: ffk@Firstfoundationkids.com

We respect the intellectual property rights of others.

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

13. Disclaimer of Warranties

We provide the First Foundation Kids, Inc. Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the First Foundation Kids, Inc. Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the First Foundation Kids, Inc. Services – so please be sure to verify those before using or otherwise engaging them.

First Foundation Kids, Inc. may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may First Foundation Kids, Inc. be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the First Foundation Kids, Inc. Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, First Foundation Kids, Inc. shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the First Foundation Kids, Inc. Services and/or connecting and/or dealing with any Third Party Services through or in connection with First Foundation Kids, Inc. Services, and that First Foundation Kids, Inc. cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

First Foundation Kids, Inc. does not recommend the use of the First Foundation Kids, Inc. Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain First Foundation Kids, Inc. Services are currently offered in their BETA version, and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain First Foundation Kids, Inc. Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the First Foundation Kids, Inc. Services at this BETA stage signifies your agreement to the above and to participate in such First Foundation Kids, Inc. Services’ BETA testing.

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.

We may monitor and edit your website and content.

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

There are risks in using our services or anyone else’s services. You accept such risks.

Some of our services are still in BETA, and may contain bugs or experience interruptions.

14. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, First Foundation Kids, Inc., its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the First Foundation Kids, Inc. Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the First Foundation Kids, Inc. Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the First Foundation Kids, Inc. Services; (6) events beyond the reasonable control of First Foundation Kids, Inc., including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of First Foundation Kids, Inc. Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for First Foundation Kids, Inc.’s services to you, and such limitations will apply even if First Foundation Kids, Inc. has been advised of the possibility of such liabilities.

Subject to applicable law, we will not be liable for any damages.

15. Indemnity

You agree to defend, indemnify and hold harmless First Foundation Kids, Inc., its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other First Foundation Kids, Inc. Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the First Foundation Kids, Inc. Services, including, without limitation, First Foundation Kids, Inc. Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

16. General

16.1. Changes & Updates

First Foundation Kids, Inc. reserves the right to change, suspend or terminate any of the First Foundation Kids, Inc. Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the First Foundation Kids, Inc. Services (including removal of any materials created by you in connection with the First Foundation Kids, Inc. Services) for any reason and/or change any of the First Foundation Kids, Inc. Terms with or without prior notice - at any time and in any manner.

You agree that First Foundation Kids, Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of those First Foundation Kids, Inc. Services (or materials, content or services created, developed, or connected by you in connection with the First Foundation Kids, Inc. Services).

If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current First Foundation Kids, Inc. Services without enabling such changes, or provide you with alternative Services.

We may make changes to our services or to these terms at any time.

16.2. Governing Law & Jurisdiction; Class Action Waiver

You expressly acknowledge and agree that First Foundation Kids, Inc. shall have the right to enforce these Terms of Use against you.

The First Foundation Kids, Inc. Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the First Foundation Kids, Inc. Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the First Foundation Kids, Inc. Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the state of Georgia.

Subject to any applicable law, all disputes between you and First Foundation Kids, Inc. shall only be resolved on an individual basis and you shall not have the right to bring any claim against First Foundation Kids, Inc. as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and First Foundation Kids, Inc. will be the State of Georgia, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Atlanta, Georgia.

These terms and our relationship shall be governed by the laws of the State of Georgia. Any disputes between us may only be brought before the courts of Georgia.

16.3. Notices

We may provide you with notices in any of the following methods: (1) via the First Foundation Kids, Inc. Services, including by a banner or pop-up within the First Foundation Kids, Inc. Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. First Foundation Kids, Inc.’s notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

16.4. Relationship

The First Foundation Kids, Inc. Terms, and your use of the First Foundation Kids, Inc. Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between First Foundation Kids, Inc. and you.

We may provide you (or your Reseller, if you are a Reseller User) with notices via our services, by e-mail or through any other contact means you provided us.

Accepting these terms and services does not form a partnership or any special relationship between us.

16.5. Entire Agreement

These Terms of Use, together with the First Foundation Kids, Inc. Terms and any other legal or fee notices provided to you by First Foundation Kids, Inc., shall constitute the entire agreement between you and First Foundation Kids, Inc. concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between First Foundation Kids, Inc. and you, including those made by or between any of our respective representatives, with respect to any of the First Foundation Kids, Inc. Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of First Foundation Kids, Inc. in entering into any of the First Foundation Kids, Inc. Terms.

These terms (together with additional terms) shall constitute the sole and entire agreement between us.

16.6. Assignment

First Foundation Kids, Inc. may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the First Foundation Kids, Inc. Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of First Foundation Kids, Inc. Any attempted or actual assignment thereof without First Foundation Kids, Inc.’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either First Foundation Kids, Inc. or you the right to cancel any First Foundation Kids, Inc. Services or Third-Party Services then in effect.
If you are a Reseller User, then your subscription with the Reseller with respect to your User Account or User Platform (or any part thereof) may be assigned to First Foundation Kids, Inc.. You agree that if your subscription (or any part thereof) to a First Foundation Kids, Inc. User Account or User Platform with the Reseller is assigned to First Foundation Kids, Inc., your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use, in their entirety (as may be amended from time to time) and you consent to the full application of these Terms of Use, including without limitation, the billing and payment provisions contained herein. You agree that following any such assignment, you shall, upon request by First Foundation Kids, Inc., provide such information as is required to secure payment for any Paid Services commencing after such assignment.

We may assign our rights and obligations to other parties. You may only do so with our prior written consent.

If you are a Reseller User your User Account may be assigned to First Foundation Kids, Inc.. In such a case, if you’d like to continue to use your User Account - you agree to be bound by First Foundation Kids, Inc. Terms of Use and to provide First Foundation Kids, Inc. with any required information to secure payment for any Paid Services you purchase.

16.7. Severability & Waivers

If any provision of the First Foundation Kids, Inc. Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the First Foundation Kids, Inc. Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

These terms are independent from each other, in case any of them is found invalid.

16.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English and translated into other languages for your convenience. You may access and view other language versions by changing your First Foundation Kids, Inc. Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

Transparency helps build trust with your website visitors, so take the time to write an accurate and detailed policy. Use straightforward language to gain their trust and make sure they keep coming back to your site!

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