When you visit the Online Service, you may choose to submit personal information, such as through surveys or polls. Personal information may include your name, address, telephone number, and email address.
We, or our vendors, may use or disclose personal information (such as to our affiliates, subsidiaries, parent company, business partners, and vendors) for various purposes, such as for the following purposes:
We may combine your personal information with data we obtain from our services, other users, or other parties. We reserve the right to convert, or permit others to convert, your personal information into deidentified, anonymized, or aggregated data, as permitted by law.
Note that newsletter subscribers may remove their email address from our newsletter email list by using the unsubscribe link provided at the bottom of each newsletter.
In addition to the personal information that you provide to us, we and our vendors, may use various tools and technologies like cookies and pixels, to collect certain information automatically about you when you visit the Online Service or interact with content elsewhere online. This information may include IP addresses, device ID, other unique identifiers, pages visited, content interested in or interacted with, time of visit, and browser information.
We may use tracking technologies to provide functionality to the Online Service, help us route traffic between servers, understand how the Online Service is performing and how visitors use the Online Service, improve features and content on the Online Service, enable security features, and allow us to detect activity that might violate our rules and terms, such as unauthorized access or activity.
We may use tracking technologies for advertising purposes, including Google Analytics features such as dynamic remarketing, interest-based advertising, audience targeting, behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, and display advertising. For more information on how Google Analytics uses data collected through the Online Service, visit: www.google.com/policies/privacy/partners/. To opt out of Google Analytics cookies, visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.
Please note that we or other parties may collect information about your online activities over time and across different devices and online websites when you use the Online Service and combine such information with other information we or other parties obtain about you, including data obtained from external parties.
Your web browser may have settings that allow you to transmit a "Do Not Track" signal when you visit various websites or use other online services. Like many websites, our Online Service is not designed to respond to "Do Not Track" signals received from browsers. To learn more about "Do Not Track" signals, visit allboutdnt.com. You can set your browser to refuse cookies from websites, but if you do so, you may not be able to access or use portions of the Online Service, or certain features on the Online Service may not function as intended or as well.
We maintain appropriate administrative, technical, and physical safeguards designed to help protect personal information collected or received through the Online Service. Although we use reasonable efforts to safeguard information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through the Online Service.
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These Terms of Use covers how you may use the Online Service, including restrictions of use. By using the Online Service or submitting material to us, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that you are using the Online Service or submitting materials to us under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.
Intellectual Property. The Online Service may contain materials and other items relating to The Nemours Foundation, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the "look and feel" of the Online Service including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the "Materials"), are owned and controlled by The Nemours Foundation, our licensors or certain other parties. All rights, title, and interest in and to the Materials available via the Online Service are the property of The Nemours Foundation or our licensors or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible.
Limited License. KidsHealth, KidsHealth.org, and Nemours are registered trademarks of The Nemours Foundation. Subject to your strict compliance with these Terms, The Nemours Foundation grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to display, view, use, or play the Online Service or Materials on a personal device. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
You agree to retain all copyright and other proprietary notices contained in the original Materials on any copy You make of such material. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose. Use of the Material on any other website or in a networked environment is prohibited.
Reservation of Rights. All rights not expressly granted to you are reserved by The Nemours Foundation and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Online Service and Materials for any purpose is prohibited.
You may submit to Nemours KidsHealth comments or other materials. You acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions, or other information, that such submissions shall be deemed, and shall remain, the property of Nemours KidsHealth. By submitting any materials to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you.
You agree to not: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
You agree that you will not engage in:
You agree that if you submit any personal information of another person to Nemours KidsHealth or to the Online Service, you represent and warrant that you are authorized to provide that individual's personal information to Nemours KidsHealth.
The Nemours Foundation does not warrant that the Online Service will operate error-free or that the Online Service or its server are free of computer viruses or other harmful material.
Although it strives for timeliness and accuracy in all of its materials, The Nemours Foundation makes no representations, warranties, or assurances as to the availability, accuracy, currency, or completeness of the Online Service or its contents. All information on the Online Service is for educational purposes only. For specific medical advice, diagnoses, and treatment, consult your doctor.
THIS ONLINE SERVICE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE NEMOURS FOUNDATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
As permitted by applicable law, you agree to, and you hereby, defend, indemnify, and hold The Nemours Foundation harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with the Online Service.
IN NO EVENT SHALL THE NEMOURS FOUNDATION, ITS EDUCATIONAL PARTNERS, OR ANY THIRD PARTIES MENTIONED IN THE ONLINE SERVICE CONTENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE ONLINE SERVICE OR MATERIAL ON THE ONLINE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER THE NEMOURS FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms of Use constitute the entire agreement between you and The Nemours Foundation with respect to your use of the Online Service. These Terms of Use are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Delaware with respect to any dispute, disagreement, or cause of action related to or involving the Online Service.
If any provision 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 of Use, which shall remain in full force and effect.
Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.
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The Nemours Privacy Office
10140 Centurion Parkway North
Jacksonville, FL 32256
(800) 472-6610
privacy@nemours.org
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