Please enjoy the activities offered by Kidiosity, and use common sense when performing them. Kidiosity is not liable for any consequences arising from attempting an idea suggested by Kidiosity. If you are not sure your child is able to perform the steps indicated in an activity, please refrain from doing it.
By using the Kidiosity mobile application (the "App"), you also accept and agree to be bound and abide by the End User License Agreement found further down in these Terms.
The Services are controlled, operated and administered by Kidiosity from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kidiosity Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Access to the Services
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Service is unavailable at any time or for any period, and we make no promise that the service will always be available uninterrupted.
To access the Services, you may be asked to provide certain registration details or other information. You agree to provide true, accurate, current and complete information about yourself and to keep such information up to date and current at all times. You are responsible for ensuring that all persons who access the Services through your username and password are aware of and comply fully with these Terms.
Your user account is personal to you, and you are responsible for maintaining the confidentiality of your username and password. You agree not to provide any other person with access to Services or any portions of them using your username and password, or other secured login information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
You agree not to circumvent log in, password, or other protections put in place to restrict access to certain parts of the Services.
We charge fees for using the Services, although we may offer limited-time free or promotional use of the Services. We will notify you before any Services you are then using begin carrying a fee or increase in price, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
1. Paid Services. Certain of our Services may be subject to fees now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the applicable app store linked to your specific device. You agree to comply with, and your license to use our mobile application ("Kidiosity App") is conditioned upon your compliance with, such app store terms and conditions. Any refunds relating to the Kidiosity App or inquiries regarding refunds relating to the Kidiosity App shall be handled solely by the applicable app store in accordance with such app store’s terms and conditions. We are not responsible for any error by, or other acts or omissions of, any app store. By choosing to use Paid Services, you agree to pay all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms.
2. In-App Purchases. Through our Kidiosity App, you may purchase certain goods or features designed to enhance the performance of the Services ("In-App Purchase"). When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). Kidiosity is not a party to any In-App Purchase.
3. Recurring Billing. Some of the Paid Services may consist of an initial free or introductory promotional period, for which there may be a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, VISIT YOUR PLAN IN THE KIDIOSITY SETTINGS.
4. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through the subscription management section of the applicable App Store or by visiting Your Plan in the Kidiosity Settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate, provided that you will receive notice of any increases in rates prior to being charged. To manage your Paid Services at any time, manage your subscription in the subscription management section of the applicable App Store or visit Your Plan in the Kidiosity Settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through the subscription management section of the applicable App Store or, through Your Plan in the Kidiosity Settings, or terminate your Kidiosity account before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, we will not refund any fees that you have already paid.
5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE SUBSCRIPTION MANAGEMENT SECTION OF THE APPLICABLE APP STORE OR FROM YOUR PLAN IN THE KIDIOSITY SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU CONTINUE TO BE LIABLE FOR ALL CHARGES THAT ACCRUE, INCLUDING ANY APPLICABLE INTEREST DUE FOR LATE PAYMENTS.
6. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service automatically renews for the period selected and at the fees selected at the time you sign up for and agree to such promotion. If you cancel prior to the end of the trial period, you will not be charged thereafter. For any questions about charges, please contact us at [email protected]
Use of Payment Information
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing stated or implied in the Services is designed to grant you or any other party any license or right under any copyright or other intellectual property rights of ours or any of our third party providers or to use any names, logos, pictures, trademarks or other works or content featured in the Services.
You are permitted to use the Services for information purposes and for your personal, non-commercial private use. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material or Services or otherwise use the content for any other purpose other than as expressly permitted herein, with the following exceptions:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we offer features that enable you to share certain content on social media channels, you may take such actions as are enabled by such features.
You Must Not
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "spam" or other solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, impair or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
To the extent you are permitted to submit user content via the Services ("User Contributions"), you agree that any such user content submitted by you (i) will not infringe on the intellectual property rights of others; (ii) does not contain viruses, malware, spyware, spam, or any other injurious software or coding; and (iii) is not illegal, obscene, pornographic, defamatory, false, an invasion of privacy, or promotive of illegal activity or harm to yourself or others. We shall have no liability or responsibility for user content. However, we maintain the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If you believe that your work has been used or copied in a way that constitutes copyright infringement, please notify us in writing by submitting the following:
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work(s) that you claim have been infringed, and whether the work(s) has been registered with the United States Copyright Office.
- a description of the activity or the content claimed to infringe the copyright including where the content is located on the Services
- information sufficient to contact you, such as your physical address, telephone number, or email address
- a statement that the information in your written notice is accurate.
- a statement, under penalty of perjury, that you are authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to:
Attn: Copyright Agent
5700 Southmoor Lane
Englewood, Co 80111
Reliance on Content
The Services are provided on an "as-is" basis and you accept all the risks of the use of the Services hereunder. The content presented in the Services is provided for the purposes of recreational activities. We do not warrant the accuracy, completeness, safety or usefulness of this information. All activities are designed to be done with the participation and direct supervision of a child’s parent or guardian. We disclaim all liability and responsibility arising from any reliance placed on, or use of, or following the directions of, such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties or other users. All such content, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the content, and not those of the company. These materials do not represent or reflect the opinion of the Company. We are not responsible, or liable, for the content or accuracy of any materials provided by any third parties.
Links from the Services
The Services may contain links to other sites, which are provided as a convenience to you. We have not necessarily reviewed all of these third party websites and pages and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, resources or applications linked to a site, you do so entirely at your own risk and subject to the terms and conditions of use of those third-parties.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIDIOSITY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME.
KIDIOSITY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIDIOSITY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIDIOSITY, LLC AND/OR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIDIOSITY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE EQUAL TO FEES PAID BY THE USER DURING THE IMMEDIATELY PRECEEDING 12 MONTHS.
You agree to indemnify, defend and hold harmless Kidiosity, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kidiosity reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kidiosity in asserting any available defenses.
Changes to These Terms
Kidiosity reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice.
Governing Law and Jurisdiction
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts located in Denver, Colorado in all disputes arising out of or relating to the use of the Services. Use of the Services are unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kidiosity as a result of this Agreement or use of the Services. Kidiosity’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Kidiosity’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Kidiosity with respect to such use. If any part of this Agreement 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 the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kidiosity with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kidiosity with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Limitation on Time to File Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
END USER LICENSE AGREEMENT
Acceptance of the End User License Agreement ("EULA")
BY DOWNLOADING/INSTALLING/USING THE KIDIOSITY MOBILE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT OR HAVE RECEIVED PERMISSION FROM YOUR LEGAL GUARDIAN; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
This EULA constitutes a legally binding agreement made between you ("you" or "Licensee") and Kidiosity, LLC ("Company", "we", "us", or "our"), governing your access to and use of the Kidiosity mobile application (the "App").
License Grant. Subject to the terms of this EULA, Company grants you a limited, non-exclusive, and non-transferable license to:
- License Restrictions. Licensee shall not:
a. copy the App, except as expressly permitted by this EULA;b. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;c. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;d. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; orf. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
- Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
- Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features ("Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this EULA.
- Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
- Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.
- Additional Terms. When the App is obtained from either the Apple Store or Google Play (each an "App Distributor") in addition to the other terms of this EULA, you acknowledge and agree that: (i) Company is responsible for providing any maintenance and support services with respect to the App; and (ii) the App Distributors are third-party beneficiaries of the terms and conditions EULA, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this EULA as a third-party beneficiary thereof.