KIDZY TERMS OF SERVICE
EFFECTIVE ON SEPTEMBER 1, 2016
Please review these Terms carefully before using our services, as the terms may have changed since your last visit. If you are viewing this on your mobile device, you can also view these Terms via a web browser at www.kidzy.co/terms. If you do not agree to these Terms, then do not use our Services, including our Site or App. By using our Services, including our Site or App, you represent to us that you are at least 13 years old and hereby indicate your unconditional acceptance of these Terms.
Content on this Site is not a substitute for professional medical or healthcare advice, diagnosis, treatment, dietary, or safety advice, and may not be used for such purposes. Always seek the advice of your physician or other qualified expert with any questions you may have regarding a medical question, condition, or safety concern. Reliance on information presented on this Site is at your own risk.
We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision.
If you wish to use the Site on behalf of a company, entity or organization (each, a “Subscribing Entity”), then you represent and warrant that you: (a) have the authority to bind such Subscribing Entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
These Terms contain an Agreement to Arbitrate, which requires that you and Kidzy, LLC arbitrate certain claims by binding, individual arbitration instead of going to court and limits class action claims (see Section 17 “Agreement to Arbitrate”).
We will use a few terms in these Terms:
- “Terms”: These Terms of Service, which are a legally binding agreement that governs your access to our Services
- “Kidzy”, “we”, “us” or “our”: Kidzy, LLC
- “you” or “your”: you
- “Site”: kidzy.co and its subdomains
- “App”: any downloadable applications we make available to you
- “Services”: any software or services we make available to you, including the Site and/or App
1. OUR SERVICES
a. Site and App. Our Site and App provide you with the opportunity to create an account and review informational videos and other materials. We do not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Site or App. Such information is provided for informational purposes only, and for discussion with your physician.
b. Acknowledgment to Receive Email and Push Notifications. As a registered user of our Services, you agree to receive emails and push notifications (if you use our App) from us regarding our Services. We may from time to time send you push notifications or email messages with information about your use of our Services. You may opt-out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable email correspondence.
c. Informational and Educational Use Only. Our Services are for informational and educational use only. Any information you obtain from our Services is not designed to diagnose, prevent, or treat any condition, diseases or state of health. We encourage you to speak with a physician regarding any questions that arise from your use of our Services.
d. Service Availability. We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
e. Access to Services. In order to use our Services, you must have a computer with Internet access that can access our Site or a compatible mobile device enabled with our App. When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
2. LICENSE TO USE; LOG-IN CREDENTIALS
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to install and use the App on a compatible mobile device for your personal, non-commercial purposes and to use our Site, in each case solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to all such upgrades or improvements. The foregoing license grant is not a sale of the App or the Site or a sale of a copy of the App or the Site, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
a. Fees. In order to use some of our Services, you must be a paid subscriber, as set forth on our Site from time to time. There may be some fees associated with using certain Services through our App, as are set forth in our App. In addition, we may charge fees for use of our platform, as we may set forth on our Site or our App or as may be agreed to by us and you.
b. Payment. You agree that we may charge your payment method for any Services you purchase or subscribe to and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. All payments must be made in United States Dollars.
d. Refunds. Other than as may be expressly set forth on our Site, as updated from time to time, we have no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.
4. USE OF INFORMATION AND PRIVACY
5. EV CONTENT; UPLOADED CONTENT
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use the Content, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms. “Content” means all information, text, images, data, links, or other material posted on our Services that are (i) publicly available or (ii) which we permit you to access, whether created by us or provided by a third party for display through our Services.
You understand that the Content that is posted on our Services is used by you at your own risk. If you have submitted Content, you may remove, modify or alter such Content at any time, through functionality that we make available on our Site.
We reserve the right to make changes to Content, descriptions or specifications of our Services or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on the Site.
6. PROHIBITED CONDUCT
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not use our Services if you are barred from using them under the laws of the jurisdiction in which you are a resident or from which you use the Services. You may not use our Services in any manner that, in our sole discretion, could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us.
- Use a name or language that we, in our sole discretion, deem offensive.
- Post defamatory statements.
- Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious or other group.
- Post Content that depicts or advocates the use of illegal drugs.
- Post Content that characterizes violence as acceptable, glamorous or desirable.
- Post Content that infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
- Promote, solicit or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum.
- Invade the privacy of any person, including, without limitation, posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Create a false identity or impersonate another person or entity.
- Encourage conduct that would constitute a criminal or civil offense.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree not to, and will not permit any person or entity to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services; or (vi) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Services or any Content, except as permitted by our robots.txt file.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services.
7. USER REPRESENTATIONS AND WARRANTIES
By using our Services, you hereby agree, represent and warrant as follows:
- Any information that you obtain from our Services is not designed to diagnose, prevent, or treat any condition, disease or state of health.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from (i) your use of our Services, (ii) your violation of any of these Terms, (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; (iv) your provision of any Content and/or (v) any user’s or other third party’s use of any Content that you submit via our Services. At our option, you agree to defend us from any such Claims.
9. INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services, including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
All intellectual property rights belong to their respective owners. Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
10. LINKS TO THIRD-PARTY SITES
11. PROVIDERS OF THIRD-PARTY PLATFORMS
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Kidzy; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
THE CONTENTS OF THIS WEBSITE ARE PROVIDED BY US AS A SERVICE. INFORMATION PRESENTED HEREIN DOES NOT CONTAIN ALL INFORMATION THAT MAY BE RELEVANT TO INFANT, TODDLER AND CHILD CARE IN GENERAL OR TO YOUR OR ANY OTHER INDIVIDUAL’S SITUATION IN PARTICULAR. ALL CONTENTS PROVIDED ON THIS WEBSITE BY US ARE ONLY GENERAL INFORMATION REGARDING INFANT, TODDLER AND CHILD CARE AND ARE INTENDED ONLY TO PROVIDE INSIGHT AS TO BEST PRACTICES FOR INFANT, TODDLER AND CHILD CARE FROM THE PERSPECTIVE OF KIDZY. CONTENT PROVIDED ON THIS WEBSITE BY US IS NOT INTENDED FOR THE PURPOSE OF DIAGNOSING OR REMEDIATING SPECIFIC MEDICAL OR BEHAVIORAL ISSUES. COURSES AND INFORMATION PROVIDED ON THIS WEBSITE SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL ASSISTANCE OR OTHER CARE IF DEEMED APPROPRIATE BY THE USER OF THE WEBSITE OR HIS OR HER PHYSICIAN. ALL SPECIFIC QUESTIONS THAT YOU MAY HAVE ABOUT INFANT, TODDLER OR CHILD CARE THAT ARE NOT ADDRESSED BY THIS WEBSITE OR THE COURSES HEREIN ABOUT INFANT, TODDLER OR CHILD CARE SHOULD BE PRESENTED TO YOUR OWN PHYSICIAN. KIDZY SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR RELIANCE ON OR YOUR USE OR MISUSE OF ANY INFORMATION PRESENTED OR CONTAINED ON THIS WEBSITE.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING, WITHOUT LIMITATION, MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
13. LIMITATION OF LIABILITY
a. Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
c. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. JURISDICTIONAL ISSUES
15. MODIFYING AND TERMINATING SERVICE
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including, without limitation, making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services. Occasionally, there may be Content that contains errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The following Sections of these Terms and any accrued obligations, along with any definitions needed to interpret the Sections, will survive any termination of these Terms according to their respective provisions: 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
16. GOVERNING LAW; DISPUTE RESOLUTION
These Terms, and any dispute between you and us, shall be governed by the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 17 is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York, New York, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
17. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Kidzy account to which the opt-out applies (or, if you do not have a Kidzy account, sufficient information to reasonably identify yourself) and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must contact Kidzy at this address to opt out:
Send email to: firstname.lastname@example.org
Use email subject: ATTN: Arbitration Opt-out
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures described in this Section 17 (the “Arbitration Procedures”) (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 15, this arbitration section will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law, or by individuals who are 13 years and older under the supervision of an adult parent or guardian (in which case, the parent is responsible for any and all activities of such minor). If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at email@example.com and we will remove the account.
20. FOR ADDITIONAL INFORMATION
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org.