Effective Date: April 19, 2022
Welcome to Kiddofy. Kiddofy is the app children use to safely enjoy online content and interact with friends. It is a community and service that helps children interact with friends and enjoy the Internet with access to approved content (e.g., Web pages) and trusted friends only. Parents use Kiddofy to safely share content with their children, allow trusted family and friends (including other children) to do the same, and moderate their kiddos' activity. With content shared by friends and collections curated by the team at Kiddofy, organized by age and topic, children never run out of fun and learning.
PLEASE READ THESE TERMS OF USE ("AGREEMENT" or "TERMS") CAREFULLY BEFORE USING THE MOBILE APP, DESKTOP APP, WEBSITE AND/OR WEB-BASED SERVICES OFFERED BY KIDDOFY, LLC. (HEREINAFTER "KIDDOFY"). THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF HTTP://WWW.KIDDOFY.COM (the "WEBSITE") , THE MOBILE APP, DESKTOP APP, AND ALL RELATED APPS, OPERATED BY KIDDOFY (HEREINAFTER REFERRED TO AS "APPLICATION" or "APP").
BY ACCESSING OR USING THE APPS OR WEBSITE (COLLECTIVELY, THE "KIDDOFY SERVICES"), YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT ON BOTH YOUR OWN BEHALF AND ON BEHALF OF YOUR CHILD. In this Agreement, "children" are defined as any individual under the age of 18. By using the Kiddofy Services you acknowledge and agree to these Terms.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR CHILD AND FOR ANY OTHER USERS, YOU HEREBY REPRESENT AND WARRANT TO KIDDOFY THAT, AT ALL TIMES DURING YOUR AND ANY OF YOUR CHILD'S USE (as applicable) OF THE KIDDOFY SERVICES: (I) YOU ARE AT LEAST 18 YEARS OF AGE; AND (II) YOU ARE THE PARENT OR LEGAL GUARDIAN OF THE CHILD (hereinafter "parent") AND ARE AUTHORIZED TO ENTER INTO LEGAL AGREEMENTS ON THEIR BEHALF. In this Agreement, "you" and "your" and "User" refer to you and for users with a child using the Kiddofy Service ("your child" refers to each of your children using the Kiddofy Services). Other users or "friends" that use the Kiddofy Service are referred to as "you," "friends" or "Users." NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT KIDDOFY CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND KIDDOFY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER. A Parent User account, along with all associated Child Users, and any other User accounts, may be terminated by Kiddofy at any time and without warning for any failure to abide by these Terms. If you access Kiddofy Services as a guest, by your use of the Kiddofy Services you are accepting to be bound by this Agreement. You understand and agree that when using the Kiddofy Service as a "guest" you will not be permitted to create an account, share content or information with Users, rate content or otherwise communicate with Users in the Kiddofy Services.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
1. Kiddofy Services. Kiddofy Services are provided by Kiddofy via the Internet. To use most aspects of Kiddofy Services, you, including parents and other adults, are required to register and maintain a user account. Parents, legal guardians, co-parents, relatives, friends, coaches, and other individuals can also create accounts in Kiddofy (collectively referred to as "Users"). The accounts that Users establish to use the Kiddofy Services are referred to herein as "User Accounts." You must be 18 years of age, a resident of the United States, and complete the registration process to obtain a User Account. The User Account registration process requires you to submit personal information to Kiddofy. You agree to maintain accurate, complete, and up-to-date information in your User Account. Failure to do so may result in your inability to access and use Kiddofy Services. You are responsible for all activity that occurs under your User Account, including both your own and your child's activity on the Kiddofy Service. Because only an adult may create a User Account, while children can be users added to a User Account, there are no child User Accounts.
1.1 User Accounts. Parents or legal guardians (hereinafter, "parents") who have created a User Account may optionally add to their account a limited number of children (defined for purposes of this Agreement as any individual younger than 18 years of age). This enables those children to use the Kiddofy Services via their parent's User Account. Other Users (such as teachers and coaches) can add children to their account where they are legally authorized to do so (such as where the parent of this child has consented to this). Parents may optionally invite a co-parent (defined as another parent, guardian or other individual that the parent would like to invite) to be a "co-parent." Co-parents must create their own User Account and are subject to all the requirements for User Accounts.
Other adults may also create User Accounts if they are 18 years of age or older as described more fully above in this Agreement.
2. Proprietary Materials; License.
Proprietary Materials. The Kiddofy Services including any Kiddofy Materials (defined below) are owned and operated by Kiddofy. The content curation, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services in the cloud and otherwise, content, videos, pictures, and all other elements of the Services (referred to herein as the "Kiddofy Materials") are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content (defined below) provided and owned by Users and except as otherwise set forth in this Agreement, the Kiddofy Services, all Kiddofy Materials, and all trademarks, service marks, and trade names, contained on or available through the Kiddofy Services or Kiddofy Materials are owned by or licensed to Kiddofy, and Kiddofy reserves all rights therein and thereto not expressly granted by these Terms.
License: Subject to your complete and ongoing compliance with this Agreement, Kiddofy grants you a limited, non-exclusive, non-transferable and non-sublicensable, revocable license to the Kiddofy Service and Kiddofy Materials as follows:
(a) To download, install, and use the Kiddofy Service and Kiddofy Materials only for your personal, non-commercial use on a Computing Device owned or otherwise controlled by you; and
(b) You agree not to (i) modify or create derivative works of the Kiddofy Service or Kiddofy Materials (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Kiddofy Services and Kiddofy Materials and (iii) remove any copyright and other proprietary notices on the Kiddofy Services and Kiddofy Materials and any copies thereof.
3. Modifications to this Agreement. Kiddofy reserves the right, in its sole discretion, to change, modify, add, remove, or otherwise alter the Terms at any time. We will make reasonable effort to provide notice to you of such modifications, such as by posting a notice on the Kiddofy Services, and such amended terms will be effective against you when we have posted such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. Accordingly, you should review the Kiddofy Services and these Terms regularly to keep yourself apprised of any future changes. Your use of the Kiddofy Service following any modifications will be deemed to establish your agreement with such new terms and conditions.
4. User Content. When you create your User Account, you are able to provide a user profile, collections of online content, content ratings, content profiles (including age appropriateness ratings), and commentary that can be shared with other users ("User Content"). Creation of User Content is allowed for the purpose of providing and using the Kiddofy Services. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU OR YOUR CHILD PROVIDES, UPLOADS, OR SHARES AND ALL CONSEQUENCES FOR SUBMITTING, PROVIDING, UPLOADING OR SHARING USER CONTENT THROUGH YOUR USER ACCOUNT, AND CONSENT TO OUR COLLECTION AND USE OF SUCH USER CONTENT CONSISTENT WITH THIS TERMS AND THE PRIVACY POLICY. By submitting User Content, you agree that you: (i) are solely responsible for your User Account and activity through the User Account; (ii) will comply with Section 9 of this Agreement related to restriction on use; and (iii) will not intentionally mislead others when providing information about online content such as its title, description, age appropriateness ratings, topics, keywords, or profile pictures.
Kiddofy will use User Content in connection with providing the Kiddofy Services. As between you and Kiddofy, you own all of your User Content. You agree that, upon you or your child submitting, providing, uploading, or sharing any User Content on or through the Kiddofy Services, you grant to Kiddofy and other users of the Kiddofy Service a perpetual, worldwide, non-exclusive, royalty-free license, with the right to sublicense, use, reproduce, process, and display all or any portion of such User Content, solely in connection with providing the Kiddofy Services, and consistent with this Terms and the Privacy Policy. This license includes the right to host, index, cache, archive or otherwise format your User Content in order to provide the Kiddofy Services. Kiddofy reserves the right to remove any User Content from the Kiddofy Services at its sole discretion. Kiddofy also reserves the right to retain any User Content provided by you on the Kiddofy Service after you deactivate or cancel your account for its legitimate business operation needs.
YOU REPRESENT AND WARRANT THAT YOU AND YOUR CHILD OWN YOUR USER CONTENT OR HAVE NECESSARY LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO GRANT THE LICENSE SET FORTH HEREIN AND THAT ITS PROVISION TO KIDDOFY OR KIDDOFY'S USE THEREOF WILL NOT VIOLATE THE COPYRIGHTS, PATENTS, TRADEMARKS, PRIVACY RIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANOTHER PERSON OR ENTITY.
YOU AGREE THAT KIDDOFY IS NOT RESPONSIBLE FOR ANY VIOLATIONS OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS IN ANY USER CONTENT OF YOURS OR YOUR CHILD. YOU AGREE TO PAY ALL ROYALTIES, FEES, AND ANY OTHER MONIES OWING TO ANY PERSON BY REASON OF THE USER CONTENT UPLOADED, DISPLAYED, OR OTHERWISE PROVIDED BY YOU OR YOUR CHILD TO THE KIDDOFY SERVICES.
4.1 Online Content Disclaimer. Opinions, advice, statements, offers, online content summaries or profiles (including descriptions, profile pictures, and age appropriateness ratings), commentaries, or other information or content made available through the Kiddofy Services, but not directly by Kiddofy, are those of their respective providers of User Content, and should not necessarily be relied upon. Such Users are solely responsible for such User Content. The Kiddofy Services, or another user, may include links or references to other web sites. Kiddofy does not endorse any Third Party site or the information, materials, products, or services contained on or accessible through Third Party sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCED SITES IS SOLELY AT YOUR OWN RISK.
Kiddofy Content: When Kiddofy produces and provides online content summaries or profiles, including attributes such as the content's title, descriptions, profile pictures, age appropriateness ratings, topics, keywords, etc., we strive to be accurate. We understand that such information about content, especially age appropriateness assessments, can be subject to personal opinion and interpretation and vary from person to person. When producing content summaries or profiles, Kiddofy uses the information presented by the source of online content when it was accessed by the Kiddofy curator via its online address (such as its Web URL). That information, including the content located at the online address, may change at any time after the content profile was produced (including user generated content hosted at the online address) and our content summary or profile may not have been updated to reflect the content currently provided by the source at the content's online address.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE KIDDOFY SERVICES NOR DO WE ADOPT OR ENDORSE, OR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY OTHER PARTIES. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR SENDS VIA THE KIDDOFY SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE KIDDOFY SERVICES OR TRANSMITTED TO USERS. The Kiddofy Service's ability to prevent access to unauthorized content by children depends on and may be limited by third-party technology, including host operating systems and system software, which provide mechanisms for preventing access to specified web addresses, and technologies used by online content and its servers, such as content that is presented dynamically. Additionally, errors in the Kiddofy Services could also cause unauthorized content to be accessible. We do not guarantee that attempts to access unauthorized content will be prevented.
4.2 Monitoring. Kiddofy may, but has no obligation to, monitor User Content. You consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, to protect Kiddofy or its customers or operate the Kiddofy Services properly. Kiddofy, in its sole discretion, may refuse to post, remove or require you or your child to remove any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate or in violation of this Terms, including but not limited to the Privacy Policy. If you become aware of a misuse of our Kiddofy Services or violation of this Terms, please contact us at support@cust.kiddofy.com.5. Consent to Communications. Kiddofy may contact you via the contact information you provide to register a User Account. By providing such contact information, you consent to receive communications from Kiddofy via the email address you provide. We may use your email address to send you information about the Kiddofy Services and special offers. You may opt out of such email by changing your account settings, using the "Unsubscribe" link in the message, or by sending an email to support@cust.kiddofy.com. You will continue to receive transactional communications related to your account and the Kiddofy services even if you opt out of receiving marketing communications.
Account Security: for account security purposes, you may choose to add your phone number that will be used by Kiddofy to contact you related to your account set up or security issues. You can also opt in to receive text messages from Kiddofy related to your account and security alerts.
6. Reservation of Rights. You acknowledge and agree that Kiddofy Services are provided under license, and not sold, to you. You do not acquire any ownership interest in Kiddofy Services under the Terms, or any other rights thereto, other than to use Kiddofy Services in accordance with the license granted, and subject to these Terms. Kiddofy reserves and shall retain its entire right, title, and interest in and to Kiddofy Services, including all patents, copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted in these Terms.
7. Term.
7.1 Term. These Terms shall remain in full force and effect while you use the Kiddofy Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Kiddofy Services.
7.2 Termination by Kiddofy. Kiddofy, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Kiddofy or your use of the Kiddofy Services and remove and discard all or any part of your account and User Content, at any time. Kiddofy may also in its sole discretion and at any time discontinue providing access to the Kiddofy Services, or any part thereof, with or without notice. You agree that any termination of your access to the Kiddofy Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Kiddofy will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Kiddofy may have at law or in equity. As discussed herein, Kiddofy does not permit copyright, trademarks, or other intellectual property infringing activities on the Kiddofy Services and will terminate access to the Kiddofy Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
When your User Account is suspended or terminated by Kiddofy, or you request us to remove your User Account, we may retain in the Kiddofy Services at our discretion any part of your User Account information, including, but not limited to, data, friend or family relationships, or User Content, in support of proper function of the Kiddofy Services or for security purposes. This applies to you or other registered users of the User Account.
7.3 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Kiddofy Services, (ii) any term of these Terms, (iii) any policy or practice of Kiddofy in operating the Kiddofy Services, or (v) any content or information transmitted through the Kiddofy Services, is to terminate these Terms and your account. You may terminate these Terms at any time (prospectively only) by removing your account with the Kiddofy Services and discontinuing use of any and all parts of the Kiddofy Services.
8. Responsibility of User. As a user of Kiddofy Services, you are solely responsible for protecting your account (e.g., user ID and password) that has been provided to you by Kiddofy now or in the future. You are solely responsible for securing your password and computer, as well as restricting access to your password and to your computer while logged into Kiddofy Services. You agree to accept responsibility for all activities that occur under your account (and any actions of your child) or from your computer. You agree to immediately notify Kiddofy of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to any content or other information You provide through the Kiddofy Services.
Additionally, as part of your user profile, you will also provide a unique username ("Kiddofy Name") that you are known as to other users. Kiddofy may at any time, without notice, for any reason, block from use, reclaim, or reassign to another user any Kiddofy Name.
9. Restrictions on Use. You acknowledge that you may not use Kiddofy Services for any reason other than a lawful, legitimate, and authorized purpose. You may not reproduce, upload, download, record, post, transmit, distribute, store, or archive any part of the Kiddofy Services' content without obtaining prior written express consent from Kiddofy. Prohibited uses of Kiddofy Services additionally include, but are not limited to, the following:
If you engage in a prohibited use of Kiddofy Services, you will be liable to Kiddofy for any damages Kiddofy incurs, and Kiddofy has the right to unwind and cancel illegal transactions and ban you from any future use of Kiddofy Services. Any content you introduce to the Kiddofy Services as a result of, or which constitutes, an impermissible use, as determined in the sole discretion of Kiddofy, may be removed from the Kiddofy Services.
10. Intellectual Property.
10.1 Intellectual Property Rights. Intellectual Property Rights mean all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all (i) patents, patent applications, and patent rights; (ii) rights associated with works of authorship including copyrights, copyright applications, and copyright registrations; (iii) rights relating to the protection of trade secrets and Confidential Information; (iv) any other proprietary rights relating to intangible property; (v) divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired; and (vi) all goodwill associated with any of the foregoing.
All right, title, and interest in and to the Kiddofy Services, the Kiddofy Materials and intellectual property, generally, are and will remain exclusively with Kiddofy. You acknowledge and agree that the Kiddofy Materials contain proprietary and Confidential Information, including but not limited to text, graphics, logos, icons, images, and the arrangement and compilation of such content, computer programs, documentation, and information of or containing proprietary information relating to the computing programs, is protected by applicable U.S. and/or international copyright, patent, and/or trade secret laws and other laws. Regarding the Kiddofy Materials, you expressly agree that you will not decompile, disassemble, or otherwise reverse engineer the Kiddofy Materials or cause or enable others to do so. Except as expressly permitted by Kiddofy, you agree not to copy, modify, rent, lease, loan, sell, distribute, repost, publicly display, use for any commercial purposes, or create derivative works based on the Kiddofy Materials, in whole or in part, without the prior express written permission of Kiddofy.
10.2 Trademarks. Nothing in these Terms establishes a license for you to use Kiddofy's source identifiers, including its brands, marks, or logos, without the prior written consent of Kiddofy.
10.3 Digital Millennium Copyright Act. Kiddofy respects the intellectual property of others, and we ask users do the same. Kiddofy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement, in accordance with the policies below:
10.3.1 Copyright Complaint. If you believe that anything on the Kiddofy Services infringes upon any copyright which you own or control you may file a notification of such infringement pursuant to the DMCA by sending the following information in writing to our designated copyright agent at dmca@cust.kiddofy.com:
10.3.2 Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our designated copyright agent using the contact information set forth above:
If a counter-notice is received by our designated copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Kiddofy Services in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
10.3.3 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Kiddofy has adopted a policy of terminating, in appropriate circumstances and at Kiddofy's sole discretion, users who are deemed to be repeat infringers. Kiddofy may also at its sole discretion limit access to the Kiddofy Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Disclaimer of Warranties. KIDDOFY SERVICES AND ANY KIDDOFY MATERIALS OR ANY OTHER PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE KIDDOFY SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE," AND WITH ALL FAULTS BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KIDDOFY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO KIDDOFY SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, KIDDOFY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT KIDDOFY SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATION, SYSTEM, OR SERVICES, OR COMPUTING DEVICE, OR OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIDDOFY OR THROUGH THE KIDDOFY SERVICRES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE KIDDOFY SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12. Privacy and Security. Kiddofy maintains personal information collected through the use of Kiddofy Services in the strictest confidence. Our Privacy Policy can be found at http://www.kiddofy.com/policy/privacydef, and outlines how Kiddofy collects, uses, and secures your personal information. You are required to read our full Privacy Policy and provide affirmative consent prior to your acceptance of this Terms for the use of Kiddofy Services.
13. Operation and Record Retention. Kiddofy reserves the sole and total discretion with respect to decisions about the operation of Kiddofy Services. Kiddofy may, among other things withdraw, suspend, or discontinue any functionality or feature of the Kiddofy Services. Kiddofy is not responsible for transmission errors, or any corruption or compromise of data carried over local or interchange telecommunication carriers. Except as specified above, Kiddofy is not responsible for maintaining data arising from or associated with the use of the Kiddofy Services. Kiddofy reserves the right to maintain, delete or destroy all communications. All personal information in the Kiddofy Services is encrypted.
We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law. See our Privacy Policy for more details.
14. Limitation of Liability. EXCEPT AS SET FORTH HEREIN, KIDDOFY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AS WELL AS THEIR SUCCESSORS AND ASSIGN, SHALL NOT BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM NEGLIGENT ACTIONS OR INACTIONS ARISING FROM OR RELATED TO ANY LOSS DUE TO PERSONAL INJURY, PROPERTY DAMAGE, ANY LOSS OF PROFITS, SAVINGS, OR GOODWILL, LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS, COST, EXPENSE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM YOUR USE OF THE KIDDOFY SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE KIDDOFY SERVICES FOR ANY REASON (E.G., UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT, ANY INTERRUPTION OF SERVICE, COMPUTER VIRUS) FOR USE OF THE KIDDOFY SERVICES, EVEN IF KIDDOFY OR AN AUTHORIZED REPRESENTATIVE OF KIDDOFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
15. Indemnity. You agree to the extent permissible by applicable law to indemnify and hold Kiddofy and its subsidiaries, affiliates, officers, directors, agents, employees, as well as their successors and assigns, harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys' fees, made by any third party due to or arising from or in connection with your use of the Kiddofy Services, or your breach of this Terms, including the foregoing representations, warranties, and covenants, or any term of any document it incorporates by reference, or your violation of any law, any contract or the rights of a third party, including without limitation, attorneys fees, and costs.
16. Class Action Waiver. YOU AND KIDDOFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17. Governing Law and Venue. This Terms shall be governed by and construed in accordance with laws of the State of Washington, without regard to the choice of law provisions thereof. Any legal suit, action, or proceeding arising out of or related to this Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts. Any cause of action or claim you may have with respect to the use of the Kiddofy Services must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms and Conditions of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to Kiddofy Services.
18. Dispute Resolution. In the case of any dispute, you agree to make a good faith effort to resolve via informal resolution, which if unsuccessful, will be followed by binding arbitration in the state of Washington. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party.
19. Miscellaneous.
19.1 Notice. Kiddofy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Kiddofy is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to Kiddofy shall be sent by first class U.S. Mail to Kiddofy at 2018 156th Ave NE Bldg F, Suite 100, Bellevue, WA 98007-3825, and also via e-mail to notice@cust.kiddofy.com.
19.2 Waiver. The failure of Kiddofy to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Kiddofy.
19.3 Severability. If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
19.4 Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without Kiddofy's prior written consent, but may be assigned by Kiddofy without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
19.5 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 3, 4, 5, 6, 7, 10, 11, 14-18 and 19.
19.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
19.7 Entire Agreement. The Terms and the Privacy Policy constitute the entire agreement between you and Kiddofy relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms or Privacy Policy made by Kiddofy as set forth in Section 3 above.
19.8 Disclosure. The Services are hosted in the United States, and the services provided hereunder are offered by Kiddofy:
20. Acceptance and Consent. I have read this Terms and Conditions of Use Agreement and have read and acknowledged the Privacy Policy before registering for a User Account. Accordingly, I give my affirmative consent to and accept this Agreement.
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Document ID: termsofusev5