Last Updated: [September 29, 2023]
The Online Service may also provide links to other online services that The Nemours Foundation does not own or maintain. The Nemours Foundation is not responsible for the content of any online services it does not own.
Personal Information Collection, Use, and Disclosure
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:
- Communicate and market to you. To communicate with you such as for participation in surveys, send our newsletters, and send you information on products and services we think may interest you.
- Customer Service. To respond to your requests for technical support, online services, product or service information or to any other communication you initiate, including inquiries.
- Maintain, improve, and protect the Online Service. For security purposes, such as to protect against unauthorized disclosure of personal information, as well as detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. Additionally, for debugging to identify and repair errors that impair existing intended functionality and developing new features or improve existing ones, including using personal information for internal purposes related to certain research, analytics, and development.
- Business Transactions. As part of a business transaction such as in the event we sell or transfer all or a portion of our business or assets (including a reorganization, dissolution, or liquidation) and as part of negotiations of such transactions.
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.
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.
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:
- Violating the rights of The Nemours Foundation or others:
- Modifying, or creating derivative works based on, content in the Online Service
- Using the content in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among users, (c) that disparages or discredits The Nemours Foundation, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights
- Developing functionally similar products or services to the Online Service
- Using unauthorized technical tools or circumventions or exploiting the Online Service design:
- Using, or facilitating the use of, any unauthorized third-party software (e.g., bots, mods, hacks, and scripts) to modify or automate operation within the Online Service whether for yourself or for a third party
- Downloading content to a database for any reason
- Decomposing, disassembling, or reverse engineering any part of the Online Service, or otherwise use the Online Service for any purpose other than those provided for by us and in conjunction with the operations of the Online Service
- Attempting to circumvent any restriction in the Online Service based upon geography or other restriction imposed by us
- Interfering with or circumventing any security feature (including any digital rights management mechanism, device, or other content protection or access control measure)
- Attempting or gaining unauthorized access to any network or computer through the Online Service
- Harvesting, scraping, or otherwise collecting or storing any content or information, including personal information, from the Online Service
- Engaging with controls that is against the Online Service intended design. This includes not exploiting bugs
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.
Indemnification and Limited Liability
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.
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.
The Nemours Privacy Office
10140 Centurion Parkway North
Jacksonville, FL 32256