Terms of Use

AcornDreams Web Site Terms and Conditions of Use

These AcornDreams Web Site Terms and Conditions of Use (“Terms”) are an agreement between You and Wingspan, LLC (“Wingspan”) that sets forth the ways You may and may not access and use the ACORNDREAMS web site accessible via the domain name www.acorndreams.com (the “Site).  “You”, “Your” and the “User”, as used in these Terms means the person accessing the Site and also Your employer if You are accessing the Site in connection with Your employment.  “We”, “Us” or “Wingspan” as used in these Terms refers to Wingspan, LLC, which provides the Site.   REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE.

  1. Agreement to Terms. By accessing or using this Site, You agree to these Terms.  If You do not agree to these Terms, You may not access or use the Site.  In addition, the Site may contain special sections (for example, a blog section, a Member Community and a Store) which may have restricted access and/or be subject to additional terms and conditions, policies, reminders and/or guidelines (collectively “Additional Terms”).  Your access to and use of those sections of the Site is conditioned on Your acceptance of those Additional Terms as they may be posted from time to time, which are hereby incorporated by reference.  We may, in our discretion, add, change, or remove portions of the Terms or Additional Terms at any time.  You should check these Terms and the Additional Terms periodically for changes. Your continued use of the Site after the posting of changes will mean You agree to abide by those changes.
  2. Authorized and Prohibited Uses. You may access and use the Site only as authorized by these Terms.
    1. Permitted Uses. You may:
      1. access the Site and freely review any public portions of the Site in accordance with these Terms;
      2. access and use forums, blogs and the Member Community portion of the Site only in compliance with instructions governing those portions of this Site, and You may then upload and post User Content in compliance with these Terms;
      3. access, use and participate in the Member Community portion of the Site, but only if You meet any membership qualification requirements and You comply with and not circumvent registration requirements and Additional Terms for the Member Community;
      4. purchase products or services from the ACORNDREAMS Store (the “Store”) in accordance with Additional Terms and procedures for the Store;
      5. make reference to the Site and its content and/or place a link to the Site in Your own web site, provided that You do not state or imply any association or endorsement by or affiliation with Wingspan;
      6. use information found on the Site in connection with the education and care of children, subject to the following additional terms and limitations: (a) You may copy or excerpt small segments of the Site (for example, a blog posting or other content on the Site), and disseminate or publicly display same, for educational purposes  and purposes of research, criticism or commentary, or otherwise to aid the education and care of children; provided, however, that (a) You may not copy, modify or republish major portions of the Site without the express prior written consent of Wingspan; (b) You may not modify, alter or distort any content You borrow from the Site except for modifications reasonably necessary to excerpt small portions of content; (c) You may not claim content on the Site as Your own, other than Your own User Content; (d) if You display or distribute the material excerpted from the Site, you must acknowledge the source of the content so used; and (d) You may not use the Site or any content on the Site in competition with Wingspan.
    2. Prohibited Uses.  You may not:
      1. access or use the Site for any purpose that is unlawful or prohibited by these Terms;
      2. attempt to gain unauthorized access to the Site or other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means;
      3. use the Site in any manner that could damage, disable, interfere with or impair the Site or interfere with any other party’s use and enjoyment of the Site;
      4. forge headers, create a false identity or otherwise manipulate identifiers or take other actions to disguise or hide Your identity or the origin of any User Content You provide;
      5. fail to provide Your true identity when providing identifying information, or fail to use a valid personal email address that You access regularly so that emails can be sent to you;
      6. access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way, other than for Your authorized use of the Site;
      7. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs; submit, display or transmit to the Site any User Content in violation of these Terms;
      8. submit, display or transmit any images, photographs, graphics, links, audio files, video files or other User Content that You do not own or have the necessary and appropriate right or license to submit, display or transmit;
      9. submit any User Content that cannot be freely displayed, distributed and otherwise used by Wingspan, and other users in accordance with these Terms:
      10. post User Content on the Site that is commercial in nature,  including but not limited to submitting, displaying or transmitting any spam, unauthorized commercial promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
      11. disclose any names of or other information capable of identifying anyone under the age of 18;
      12. disclose any names, identifying information or personal or private information of third parties except with their express prior consent;
      13. use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity; or
      14. publish, post, display or disseminate any profane, obscene, indecent, pornographic, sexually explicit; or inappropriate, unlawful, violent or hateful User Content on the Site.
  3. User Interaction and User Content  Portions of the Site may allow Users to interact with Wingspan and with other Users, including but not limited to uploading textual, graphic or other information or other content that will appear on the Site and be accessible to others (collectively, “User Content”).  Access to such portions of the Site may be controlled by user names, passwords and other security measures.  With respect to User Content:
    1. You represent and warrant that You either own or have the full legal right to submit any User Content You provide.  By submitting User Content to the Site, You grant Wingspan the perpetual, irrevocable and fully paid up right and license to Wingspan, in its sole discretion, to distribute, display, modify or otherwise use Your User Content in any manner it desires and to other users to excerpt distribute and display Your User Content in accordance with these Terms, and You further warrant that You have the authority to do so.
    2. You represent and warrant that neither Your User Content nor Wingspan’s and other users’ use of same as permitted by these Terms will infringe, misappropriate or otherwise violate the copyright interests, trademark or trade secret rights, rights of privacy or publicity or other rights of any third party.
    3. You represent and warrant that You have all consents, releases and permissions required by applicable law to use the name or other identifying information of any person who is identifiable in Your User Content, including the consent of a parent/guardian if anyone featured is younger than 18, and further that such consents, releases and permissions authorize Wingspan and other Users to use such identifying information in accordance with these Terms.  You represent and warrant that, to the best of Your knowledge, the User Content You provide is truthful, reliable, accurate, not misleading, and that the posting of same and use of same by Wingspan and other users does not violate any law or regulation.
    4. Wingspan has no obligation to monitor the Site. Yet, Wingspan reserves the right to review User Content, and remove, delete, redact or otherwise modify such User Content, in its sole discretion and for any reason or no reason, at any time and from time to time, without notice or further obligation to You. Wingspan has no obligation to display or post any User Content. Wingspan reserves the right to disclose, at any time and from time to time, any information or User Content, including the source of the User Content, that Wingspan deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
  4. Site Control.  Wingspan may, in its sole discretion, without notice or any further obligation to You, and for any reason or no reason: (a) temporarily suspend or permanently discontinue Your access to, and refuse any and all current and future access to or use of the Site and/or the products and services available on the Site, or (b) take any other actions it deems in its sole discretion to be necessary or appropriate.
  5. ACORNDREAMS Store.  The ACORNDREAMS Store offers for sale certain goods and services of Wingspan.  All sales of same are subject to Terms and Conditions of Sale of Wingspan and found among the Additional Terms.   
  6. Privacy Policy.  By accessing and using the Site, You agree to Wingspan’s ACORNDREAMS Privacy Policy, as it may be modified from time to time, which Privacy Policy is incorporated by reference.
  7. Intellectual Property.
    1. Copyrighted Site.  The Site (including without limitation the content at the Site) is copyrighted subject matter owned by Wingspan and is protected by United States and international copyright law. You may not reproduce, modify, distribute or publicly display the Site, in whole or in part, except as is expressly authorized by these Terms.   If You would like to make copies and/or distribute any portion of this Site in ways not expressly authorized by these Terms, You must first contact Wingspan for written permission, which it may grant or withhold in its sole discretion.
    2. Suspected Infringement.  Wingspan respects others’ intellectual property rights.  However, the Site contains User Content and information from Users and other third-party sources.  If You believe that Your copyright or other intellectual property rights are being infringed by anything on the Site, You must notify us of Your claim in accordance with the following procedures.  You must file a Notice with Wingspan’s Copyright Agent: Susan R. Geller, Wingspan, LLC, 4323 Cox Rd., Glen Allen, Virginia 23060; (804) 967-9002; sgeller@wingspanworks.com.  Your Notice must be in writing (either via electronic mail or by certified or registered mail to the address shown above) and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly infringed; (2) a description of the copyrighted work that You claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the fieldParty.com Site that You claim is infringing; (4) information we can use to contact You, including Your address, telephone number, and email address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
    3. Trademark Rights.  WINGSPAN, ACORNDREAMS, AL’S PALS, AL’S CARING PALS, HERE, NOW AND DOWN THE ROAD . . . TIPS FOR LOVING PARENTS and extensions, variations and design or logo presentations of any of the foregoing are service marks of Wingspan, LLC.
    4. Wingspan Remedies for Infringement.  You acknowledge and agree that any unauthorized use or disclosure by You of the Site or any infringement or violation of Wingspan’s intellectual property rights shall cause Wingspan irreparable injury for which Wingspan could not be fully compensated by money damages.  You agree that, in the event of such a violation, Wingspan would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Wingspan would be entitled to recover from You its attorneys’ fees and costs incurred in seeking and obtaining such relief.
  8. Confidentiality.  You must maintain the confidentiality of any user name and/or password (“Password”), and You may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Site or the services using such Password. You acknowledge and agree that You are responsible for any use of Your user name, user ID, login and/or Password, including any fees incurred. You agree to notify Wingspan immediately of any unauthorized use of any Password or any other breach of security of which You are aware. You may not use any Password that is not issued directly to You or approved by Wingspan.
  9. No Endorsement.  Wingspan does not endorse, support, sanction, or verify the information or material on or accessible via the Site, including but not limited to User Content.  Unless otherwise specifically indicated, Wingspan does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person.  The Site may contain links to websites and other resources operated by third parties other than Wingspan. Such links are provided solely as a convenience to You. Wingspan does not control such websites, and is not responsible for the contents, or products, services or other content offered through such websites.   Information on the Site is not intended as and should not be substituted for educational, medical, legal, psychiatric, employment or other professional advice.
  10. Release.  In the event that You have a dispute with one or more Members or users of the Site, You hereby irrevocably release Wingspan and its directors, officers, agents, affiliates, subsidiaries, employees, successors and assigns from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If You are a California resident, You hereby waive California Civil Code § 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  11. Warranties and Disclaimers.  EXCEPT AS EXPRESSLY WARRANTED IN THESE TERMS, WINGSPAN MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO USER CONTENT.  THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES CONTAINED ON THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINGSPAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE PRODUCTS AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  12. Limitation of Liability.  WINGSPAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT WINGSPAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH.
  13. Limitation of Remedies.  WITHOUT LIMITING THE FOREGOING, WINGSPAN’S LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES OR THESE TERMS SHALL BE LIMITED TO THE AMOUNT A USER PAID FOR ACCESS TO THE SITE, IF ANY.
  14. Reasonableness.  YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 11-13 OF THESE TERMS ARE REASONABLE, AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
  15. Indemnification.  You agree to indemnify, defend and hold harmless Wingspan and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys’ fees, resulting from: (a) any violation by You of these Terms or any applicable Additional Terms, (b) any User Content provided by You; and (c) any dispute between You and another User or any other third-party.
  16. Dispute Resolution.  This User Agreement shall be governed and construed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules.  You agree that, by entering into this User Agreement and accessing and/or using the Site, You are transacting business in the Commonwealth of Virginia and are subject to jurisdiction in its courts.  Except as is provided herein to the contrary, if any controversy, dispute or claim arising out of or related to Your use of the Site, the services or any of the content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Wingspan will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to Your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the products, the services, the Marks and/or the content.
  17. Venue.  Except as provided for to the contrary in this Section, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by You in connection with the Site, the services and/or the content must and will be commenced and maintained in the Richmond Virginia metropolitan area.  You irrevocably consent to personal jurisdiction and venue in any federal or state court in such area.  In the event jurisdiction or venue in such court is held to be wanting, Wingspan may commence and maintain an action in any jurisdiction of proper jurisdiction and venue.
  18. Miscellaneous.  These Terms, the Privacy Policy and any Additional Terms, as set forth herein and as they may be modified from time to time, constitute the entire agreement between You and Wingspan with respect to the Site as well as the products and the services offered on the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Wingspan with respect to the Site as well as the products and the services. In the event of a conflict between these Terms and the terms and conditions of any of the foregoing with respect to the Site, the services, the products or any Content, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms are for convenience only and have no legal or contractual effect. We may provide notice to You hereunder by posting announcements to the Site.  You agree that no joint venture, partnership, employment, or agency relationship exists between You and Wingspan as a result of these Terms, any Additional Terms, our Privacy Policy or use of the Site, the products and/or the services. Wingspan’s performance of these Terms and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms, any Additional Terms or our Privacy Policy is in derogation of Wingspan’s right to comply with law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Wingspan with respect to such use. printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then You agree that the invalid or unenforceable provision shall be automatically reformed as necessary to cure the legal deficiency or, if necessary, deleted, and that the remainder of these Terms shall remain in full force and effect.