Terms of Use

Kid & Coe, LLC welcomes you to our Website (www.kidandcoe.com). By browsing the Website or using Services available on the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our accompanying Privacy Policy, and to comply with applicable laws and regulations. If you do not accept these Terms of Use, then you are not granted permission to browse, access, or otherwise use the Website or the Services. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

Kid & Coe welcomes visitors to the Website to browse and learn about our Services without charge or registration. In order to use the Services, including accessing information regarding availability of accommodations, booking a reservation, or purchasing other products and services, visitors must complete the registration process at https://www.kidandcoe.com/login. Once registered, Guests and Hosts may use the Services offered by Kid & Coe via the Website. Our Community Rules are hereby incorporate into these Terms of Use.

Content.

Content available on the Website includes:

• Kid & Coe Content.

  The Website contains materials, such as data, text, graphic, images, sound recordings, audiovisual works, and other materials provided by Kid & Coe or its licensors including, by way of example, Kid & Coe photographs of Host properties, Kid & Coe edited photographs of Host properties, profiles, text and other information regarding Host properties and the surrounding neighborhoods prepared by Kid & Coe, all of which is owned exclusively by Kid & Coe; and

• User Generated Content.

  Hosts and Guests may provide or generate content for the Website including, but not limited to, text, photographs, listings/information, communications between users (through the Website or a third party website), feedback, questions, commentary, postings, files, images, video, audio, and other materials (“User Generated Content,” and, collectively with the Kid & Coe Content, the “Content”).

You are solely responsible for any User Generated Content that you provide, and the consequences of posting or transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are solely responsible for all User Generated Content that you upload, email or otherwise make available via the Services. User Generated Content is not confidential, may be freely monitored by Kid & Coe (although Kid & Coe has no obligation to do so), and may be made public by Kid & Coe in its sole discretion.

In connection with User Generated Content you post on, transmit through, or link from the Services, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Generated Content) to use such User Generated Content for (a) the Services and on the Website, (b) inclusion and use in the manner contemplated by the Services, the Website and these Terms of Use, and (c) commercial purposes through any channels including, without limitation, videos; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business included in the User Generated Content to use the name or likeness of each and every such identifiable individual person or business for all of the foregoing purposes.

You retain all of your ownership rights in your User Generated Content; however, by submitting the User Generated Content to Kid & Coe, you hereby grant to Kid & Coe an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content including, without limitation, for commercial purposes, and promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media formats and through any channels now or hereafter known. As the exclusive licensee of User Generated Content, you hereby grant to Kid & Coe the exclusive right to enforce copyrights in the User Generated Content against anyone copying republishing, distributing, or preparing derivative works of the User Generated Content without Your consent. Furthermore, by you posting User Generated Content, you agree to and do hereby grant to Kid & Coe exclusive rights to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, exploitation or commercial use of the User Generated Content by any party for any purpose. You also hereby grant visitors to the Website, Guests and Hosts a non-exclusive license to access, view and display, but not to otherwise access, distribute or copy, your User Generated Content through the Website. For avoidance of doubt, you hereby represent that you have not, and will not, grant any license rights to your User Generated Content for the purposes of crawling, scrapping, or using automated means (e.g., data mining, robots, crawlers, spiders, or similar extraction tools) on or through the Website to obtain any data or information.

Intellectual Property Rights.

Content.

The Content may be owned by us, by you, or by third parties, and is protected under both United States and foreign laws. Except as may be specifically authorized by Kid & Coe, You are prohibited from using the Content (including any Kid & Coe Trademarks) for any purpose including, without limitation, any use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Kid & Coe. Unauthorized use of the Content will violate these Terms of Use and applicable laws. Except for your own User Generated Content, you hereby agree: (i) you have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement; (ii) to retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content, (iii) not to sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use or exploit the Content in any way for any public or commercial purpose. Except for your own User Generated Content, the publication, use or posting of the Content on any other website, in a networked computer environment, or in any other forum for any purpose is expressly prohibited.

Security.

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or the Services, including any features that prevent or restrict use or copying of any Content or Services, or enforce limitations on use of the Website, the Services or the Content. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover, acquire, copy or emulate any source code or object code contained in the Services or the Website.

User Generated Content.

We reserve the right (although we have no obligation), to monitor User Generated Content, and remove any User Generated Content at any time, in our sole discretion, without any notification or explanation. User Generated Content may be readily accessible to the public via the Website, including any confidential information and personally identifying information that you may make available online. With respect to User Generated Content, we shall be free to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Trademarks.

Kid & Coe is the owner of certain trademarks, service marks and logos (registered and unregistered) (the “Kid & Coe Trademarks”). Other product and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kid & Coe. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Kid & Coe Trademarks displayed on this Website, without our prior written permission in each instance. All goodwill generated from the use of the Kid & Coe Trademarks will inure to our benefit.

Acceptable Use Policy.

accessing and/or using the Website or the Services, You hereby agree that:

• You will not use the Services for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
• is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
• discloses any sensitive or personal information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not “stalk” or otherwise harass another person;
• You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the Website, Services or Content in compliance with these Terms of Use or the Acceptable Use Policy, or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of the Website, Services or Content in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any unauthorized or prohibited activities is also expressly prohibited and is a violation of these Terms of Use.

Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.

Links to Other Web Websites.

This Website may periodically provide links to third party websites (“Third-Party Websites”) as well as other websites operated by Kid & Coe (“Other Kid & Coe Websites”). This Agreement governs only this Website and not any Third Party Websites or Other Kid & Coe Websites. Our decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third Party Website. If you decide to access linked Third-Party Websites, you do so at your own risk. You should direct any concerns regarding any Third-Party Websites to the administrator of the applicable Third-Party Website. We also prohibit the use of any links to the Website from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Website with any other website.

Advertisements on this Website.

Kid & Coe, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Kid & Coe. Your correspondence or any other dealings with advertisers found on this Website are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Website.

Search Engines.

Anyone accessing a Website, a Service, or any Content, or any portion thereof, in any manner whatsoever, whether by logging into the URL, or in any other way accessing or using the IP address of any Website, or accessing the server from which Kid & Coe or its agent hosts any Website, or downloading, looking at, or in any way or format accessing the Content (including, without limitation, crawling, scrapping, or otherwise obtaining data or information), is subject to these Terms of Use.

You have no right to (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or any Content available on the Website (except for your own User Generated Content), (ii) engage in crawling, scrapping or similar activities, or (iii) use automated means, including data mining, robots, crawlers, spiders, or similar data gathering, extraction tools and the like on any Website for any purpose. You agree not to use any means or measures whatsoever to circumvent any technological measure in place to prevent unauthorized use of the Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or derivative use of any content posted on the Website whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.

Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Kid & Coe (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access the Website or copy, display, distribute, perform or create derivative works from the Website pages or other Kid & Coe intellectual property in violation of these Terms Of Use or for purposes inconsistent with these Terms Of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Website or any provision of these Terms of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of the Website pages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of Kid & Coe pursuant to 17 U.S.C. § 1201.

Notwithstanding the foregoing Kid & Coe may, by prior written consent in each case, permit general purpose internet search engines (that provide a method of “opt-out”), and non-commercial public archives that gather information to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the Website, provided that, (i) they do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, and (ii) specifically exclude any website, search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services.

Anything to the contrary contained herein notwithstanding, Kid & Coe specifically reserves the right to terminate your access and use of the Website, the Services and/or the Content, including any ability to extract data from or through the Website, for any reason or no reason, at its sole discretion.

Security of the Website.

Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or civil prosecution. Kid & Coe reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Website. Kid & Coe will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

No Endorsement.

Kid & Coe does not endorse any User Generated Content or any opinion, statement, recommendation, claim or advice expressed in any User Generated Content, and expressly disclaims any and all liability associated with User Generated Content. You acknowledge and agree that Kid & Coe is not liable for your interactions with any individuals and/or organizations on or through the Website, the Content or the Services including, but not limited to, the quality, availability or safety of any accommodations offered by Hosts, payment by Guests and/or their behavior, and any other terms, conditions, warranties or representations associated with any interaction or transaction you may have with individuals and/or organizations. Any and all such dealings are solely between you and such organizations and/or individuals. In the event of any dispute, you understand and agree that Kid & Coe is under no obligation to become involved in any capacity. In the event that you have a dispute with one or more other users, organizations, individuals or other third parties, you hereby unconditionally release Kid & Coe and its affiliates (and its and their respective officers, employees, agents and successors) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, and/or the Services, Content or the Website.

No Responsibility for Connectivity.

You are solely responsible for the means you use to access the Website and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Website.

Termination.

We may terminate this Agreement and your access to all or any part of the Website, the Content or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Content or the Services at any time without prior notice or liability.

Warranty Disclaimer.

KID & COE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “KID & COE PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE KID & COE PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF KID & COE PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF KID & COE PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limit of Liability.

IN NO EVENT SHALL THE KID & COE PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE KID & COE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE AMOUNT PERMITTED BY APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OF THE MATERIALS IS TO STOP USING THE WEBSITE OR THE SERVICES.

Indemnity.

You agree to defend, indemnify and hold the Kid & Coe Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Materials; (ii) your violation of these Terms of Use; (iii) your violation of any third party right including, without limitation, any intellectual property right, privacy right, or right of publicity; or (iv) any claim that your User Generated Content, or the products and services sold or rented via the Website, caused damage to a third party. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Materials.

Release.

You hereby release Kid & Coe, its subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Websites, the Services or the Content, or any interactions or transactions with others arising out of or related to the Website, the Services or the Content, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "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."

Digital Millennium Copyright Act.

Kid & Coe will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

KID & COE, LLC
REGARDING: DMCA
Attention:Zoie Kingsbery Coe
60 E. 8th Street, #12A
New York, NY 10003

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Miscellaneous.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of law provisions, and all disputes arising hereunder will be resolved in state or federal court located in New York County, New York. You acknowledge that your access to the Website, the Services and/or the Content constitutes a volitional action within the State of New York, and you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York.

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT KID & COE MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER NEW YORK LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision(s) of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not in any way be affected or be impaired. The failure of Kid & Coe to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

In addition to any provision regarding termination and your License Grant to KID & COE for the User Generated Content, the following provisions shall survive termination or expiration of these Terms of Use: “Intellectual Property,” “Warranty Disclaimer,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous.”

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kid & Coe without restriction. Any assignment or transfer by you shall be null and void. These Terms of Use shall inure to the benefit of and be binding upon each party's successors and our permitted assigns.

You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website and the Services. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Website or the Services that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by KID & COE and its licensors.

Questions.

Thank you for your cooperation. Questions or comments regarding this Website and/or Services, including any reports of non-functioning links, should be submitted using our email address team@kidandcoe.com. We will use commercially reasonable efforts to respond in a timely manner.