Terms and Conditions
©Copyright Grandchild Connection LLC
END USER LICENSE AGREEMENT
This License Agreement is the legal contract of terms and conditions under which Our Customers are authorized to
use grandchildconection.com., Our trademarks, copyrighted material and our other intellectual property which
appear on grandchild connection.com, but only while using our Website. For ease of reference,
grandchildconection.com will be referred to as “Our Website.” Our trademarks, copyrighted material, technology
and Our other intellectual property, including Our Website, will be referred to, collectively as our “Intellectual
Property” This Agreement contains the rights, obligations and duties of both Our Customers and Us.
For convenience, Grandchild Connection LLC which does business under the name “Grandchildconnection.com,”
will be referred to in this License Agreement by either of such name or as “We,” “Us,” or “Our” and You, Our
customer, will be referred to as “You,” “Your” or “Licensee” and this description will apply to Licensees that are
individuals. Licenses to use Our Products are granted only to Licensees who are individuals and who have
subscribed for Our services.
GRANT OF NON-EXCLUSIVE, NON-ASSIGNABLE, PERSONAL LICENSE FOR NONCOMMERCIAL USE
ACCEPTANCE OF TERMS AND CONDITIONS
We License Our Intellectual Property and the use of Our Website only to individual customers and not businesses or
not-for-profit entities or for commercial use. We do not sell our Intellectual Property or use of Our Website. We
only license Our Intellectual Property for use on Our Website. Provided that You have subscribed to use
grandchildconnection.com and You continue to pay Our then current subscription license fee and such other fees as
We may established from time-to-time, Grandchild Connection LLC hereby grants You a non-exclusive, non-
assignable, single-user non-commercial license to use Intellectual Property, but only when You have logged in to
Our Website using the Username and Password associated with Your Account.
You accepted the terms and conditions of this License Agreement when You came to our website and when you
subscribed to use any of Our Intellectual Property.
PROHIBITED USE
You are not to use Our Intellectual Property other than as authorized by this License Agreement. All rights not
expressly granted to You by this License Agreement are expressly reserved to Us. Your are prohibited from any of
the following actions which include, but are not limited to:
1. Duplicating by any means any of Our Intellectual Property except as specifically authorized by this License
Agreement, or allowing any third party access to Our Intellectual Property.
2. Selling of Our Intellectual Property to any third party.
3. Reverse engineering Our Intellectual Property or any attempt to do so.
INTELLECTUAL PROPERTY
Our Intellectual Property is protected under the copyright, trademark, and other laws of the United States of
America, the State of Florida and other states. No rights are granted to You except as provided in this License
Agreement. Grandchild Connection, Grandchild Connection.com, Showtunes, Funcation Station, ShowOff's, Fun
House, Toolkits, Quarterly toolkits, Video Visits and Brag Book are Our trademarks. We claim all copyright and all
other intellectual property except.
TERM
This License shall remain valid until Terminated by either You or Us at any time, and with or without cause or
justifiable reason.
DISCLAIMER OF WARRANTIES / LIMIT OF LIABILITY / PRODUCT IMPROVEMENTS
GRANDCHILD CONNECTION LLC DOES NOT MAKE ANY WARRANTIES, GUARANTEES OR
REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR
CONDITION, PERFORMANCE, SUITABILITY OR DESIGN OR CONFORMITY WITH OR TO ANY
LAW, RULE, REGULATION, AGREEMENT OR SPECIFICATION, OR OF INFRINGEMENT OF ANY
PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
RIGHTS. ALL SOFTWARE, DOCUMENTATION, POLICIES, FORMS, AGREEMENTS, DATA,
CONTENT AND USE OF OUR INTELLECTUAL PROPERTY ARE LICENSED “AS IS” AND WITHOUT
ANY REPRESENTATION THAT OUR INTELLECTUAL PROPERTY WILL WORK ON ANY
PARTICULAR COMPUTER, COMPUTER OPERATING SYSTEM OR PLATFORM EXCEPT AS
SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT. GRANDCHILD CONNECTION LLC
SHALL HAVE NO LIABILITY TO ANY LICENSEE (NOR ANY OTHER PERSON OR ENTITY ACTING
THROUGH OR ON BEHALF OF LICENSEE OR ENTITY OR TO ANY OTHER PERSON OR ENTITY
CLAIMING TO BE A THIRD PARTY BENEFICIARY, INCLUDING, BUT NOT LIMITED TO,
EMPLOYEES OF LICENSEE), NOR SHALL GRANDCHILD CONNECTION LLC, ITS MEMBERS,
AGENTS (INCLUDING ITS ATTORNEYS, AUTHORS AND CONSULTANTS) AND EMPLOYEES BE
RESPONSIBLE OR LIABLE FOR ANY LOSS, CLAIM OR DAMAGE OF ANY KIND CAUSED OR
ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY, INCIDENTALLY OR
CONSEQUENTIALLY BY USE OF THE INTELLECTUAL PROPERTY, WHETHER KNOWN,
UNKNOWN OR KNOWABLE, EVEN IF GRANDCHILD CONNECTION LLC HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF, BY ANY INCIDENT WHATSOEVER ARISING OUT OF OR IN
CONNECTION WITH THE PRODUCTS OR THE MANNER AND USE OF THE PRODUCTS BY THE
LICENSEE, WHETHER IN STRICT LIABILITY, CONTRACT, OR TORT, OR UNDER LAWS
RELATING TO INTELLECTUAL PROPERTY RIGHTS OR UNFAIR COMPETITION OR RESULTING
FROM COMPUTER VIRUSES, WORMS OR COMPUTER HACKING. NO RIGHTS OR REMEDIES
CONTAINED IN THE UNIFORM COMMERCIAL CODE ARE CONFERRED ON LICENSEE. THE
MAXIMUM AMOUNT OF DAMAGES THAT MAY BE AWARDED AGAINST GRANDCHILD
CONNECTION LLC, ITS MEMBERS, AGENTS (INCLUDING ITS ATTORNEYS, AUTHORS AND
CONSULTANTS) AND EMPLOYEES SHALL BE THE SUBSCRIPTION PRICE PAID BY LICENSEE
FOR THE LICENSE AND THIS LIMITATION OF DAMAGES SHALL APPLY TO ALL CAUSES OF
ACTION REGARDLESS OF HOW PLEAD, INCLUDING BUT NOT LIMITED TO, TORT, CONTRACT
OR STRICT LIABILITY OR STATUTORILY OR UNDER THE COMMON LAW. GRANDCHILD
CONNECTION LLC IS CONSTANTLY IMPROVING ITS PRODUCTS. WE DISCLAIM ANY
OBLIGATION TO AMEND OR REVISE OUR INTELECTUAL PROPERTY. WE DO RESERVE THE
RIGHT IN OUR SOLE DISCRETION TO MAKE CHANGES TO OUR INTELLECTUAL PROPERTY AS
WE DEEM APPROPRIATE.
GOVERNING LAW
You and Grandchild Connection LLC hereby agree that this Agreement will be governed exclusively by the laws of
the State of Florida as applied by the courts (federal and state) of such state to commercial business contracts made
and performed entirely within the State of Florida. The law applied shall be the law applicable to commercial, non-
consumer transactions in which both the Licensor and Licensee are commercial, non-consumer, entities. No
presumption concerning the drafting of this License Agreement shall be made against Us for any reason by any
court determining a claim against Us.
EXCLUSIVE JURISDICTION / VENUE / WAIVER OF TRIAL BY JURY
YOU AND GRANDCHILD CONNECTION LLC HEREBY CONSENT AND AGREE THAT THE
CIRCUIT COURT OR COUNTY COURT HAVING JURISDICTION OVER PALM BEACH COUNTY,
FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, WEST PALM BEACH DIVISION, SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION
AND VENUE OVER ANY SUIT, ACTION, PROCEEDING OR CONTROVERSY ARISING UNDER, OUT
OF OR RELATING TO THIS AGREEMENT AND OUR PRODUCTS AND SUCH COURT SHALL BE
THE SOLE, EXCLUSIVE AND PROPER FORUM IN WHICH TO ADJUDICATE ANY SUCH SUIT,
ACTION, PROCEEDING OR CONTROVERSY. THE PARTIES AGREE THAT SERVICE OF PROCESS
MADE IN ACCORDANCE WITH THE LAW AND RULES APPLICABLE TO SUCH COURTS SHALL
BE DEEMED PROPER AND EFFECTIVE.
YOU AND GRANDCHILD CONNECTION LLC AGREE TO, AND DO, HEREBY WAIVE TRIAL BY
JURY.
ATTORNEYS’ FEES
In any suit, action, proceeding or controversy between Grandchild Connection LLC, its members, officers, agents,
consultants, authors, employees and attorneys and You or anyone acting by or through You, You agree to pay to Us,
Our members, officers, agents, consultants, authors, employees and attorneys Our and their reasonable attorneys’
fees and costs including out-of-pocket costs, at both the trial and appeal level.
INDEMNITY
Should Grandchild Connection LLC, its members, officers, agents, consultants, authors, employees and/or attorneys
be exposed to any claims, damages, litigation or liability by use of Our Products by You or anyone acting by or
through You including a breach by You of the terms of this License Agreement, You agree to indemnify and hold
harmless Grandchild Connection LLC, its members, officers, agents, consultants, authors, employees and attorneys
from any such claims, damages, litigation or liability, including reasonable attorneys’ fees.
INVALIDITY
If for any reason any provision of this License Agreement shall be deemed to be legally invalid or unenforceable in
any jurisdiction to which it applies by a court of competent jurisdiction, the validity of the remainder of the License
Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to
make such provision consistent with applicable law, and, in its modified form, such provision shall then be
enforceable and enforced.
* * * * *
ENTIRE AGREEMENT / WAIVER
This License Agreement constitutes the entire agreement between Us and You pertaining to the subject matter
hereof, and supersedes and revokes any and all prior or existing agreements, written or oral, relating to the subject
matter hereof, and this License Agreement shall be solely determinative of the subject matter hereof. This
Agreement may be amended only by a written instrument executed by the party or parties to be bound thereby, with
Grandchild Connection LLC acting only through its Managing Director pursuant to a written authorization of its
Members. Grandchild Connection LLC shall not be deemed to waive any of its rights under this License Agreement
except in writing, and then only through its Managing Director pursuant to a written authorization of its Members
directing the Managing Director to waive a provision of this License Agreement.
HEADINGS
The captions and headings used in this License Agreement are for convenience only and do not in any way limit,
amplify, or otherwise modify the provisions of this License Agreement.
GENDER AND NUMBER
Whenever appropriate, references in this License Agreement in any gender shall be construed to include all other
genders, references in the singular shall be construed to include the plural, and references in the plural shall be
construed to include the singular, unless the context clearly indicates to the contrary. The use of the words “You,”
“Your,” “Licensee,” “Our, “Us” and “We” shall include the agents and employees of each.
ASSIGNMENT
This Agreement is personal to Licensee and cannot be assigned by You. Any attempt to assign this License
Agreement or any rights granted to You under this License Agreement by You is void and results in the immediate
termination of this License. We may assign this License as We deem appropriate in Our sole discretion.
* * * * *
Grandchild Connection's affiliated websites:
www.grandchildgames.com
www.grandparentsgame.com
www.childtoparent.com