KIDOZ Privacy Policy

KIDOZ Ltd. (“KIDOZ“, “we“, “our“, “us“) has established this Privacy Policy in order to demonstrate our privacy protection standards. At KIDOZ we believe it is important for you to understand what types of information we collect and how that information is used when using our website, applications, SDKs, online resources, services and other products (collectively, the “Products”). This Privacy Policy covers the use of information collected by KIDOZ and is designed to explain our policies and procedures with respect to the collection, use and disclosure of information about you in connection with the Products. This policy does not apply to the practices of companies that KIDOZ does not own or control or to people it does not employ or manage. IF YOU ARE A PARENT OR LEGAL GUARDIAN 18 YEARS OF AGE OR OLDER AND YOU PROVIDE YOUR CONSENT TO YOUR CHILDREN’S USE OF THE PRODUCTS, YOU CONSENT AND AGREE TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION ABOUT YOU AND YOUR CHILDREN AS DESCRIBED IN THIS PRIVACY POLICY. The KIDOZ website is intended as a general audience website that enables visitors to learn more about KIDOZ products including our SDK, and our kid safe environment and mobile technology, apps, games and other content for families. Our Products are designed as tools that enable kids to discover, launch and use third-party applications and other kid-friendly content safely, with parental controls managed through the Product. Please note that the parental controls may vary (or may not be present) from Product to Product  and may sometimes be available as part of our premium (paid) features. Our Privacy Policy and our information practices adhere to the United States Children’s Online Privacy Protection Act (COPPA). We will not knowingly collect and store personal information directly from children under 13 years of age without parental consent. If we believe that we have collected and stored personal information from a child (without the necessary parental consent or other legal basis to do so), we will delete the personal information provided as soon as feasibly possible. KIDOZ does not condition a child’s participation in or access to any online activity on the child providing more personal information than is reasonably necessary for that activity. To learn more about COPPA, we recommend you consult this simple one-page informational guide from the kidSAFE Seal Program. By creating your family’s KIDOZ account or using any of our Products, you are consenting to the collection, use and disclosure of personal and non-personal information about you and your children as described in this Privacy Policy, as needed per product. If at any time you do not want you or your child to be bound by these terms, you must deactivate your family’s account by emailing your request to support@kidoz.net and/or uninstalling the Product from your mobile device.
  1. The Information We Collect
“Personal Information” is individually identifiable information about an individual collected online. If we combine personal information with non-personal information, we treat the combined information as personal information to the extent the combined information remains individually identifiable. KIDOZ may collect the following types of personal and non-personal information from parents in connection with the download, installation and use of any of our Products:

In case we need to collect any other Personal Information which is not listed here, we will specifically request parental consent before doing so, if required by law. The information is saved on our servers only and is not shared with any independent third party. The information is used only for optimization of the proposed service/product and internal diagnostics. KIDOZ requests a parent’s email address to create your Family Account on some products. We use this email address and/or another email address provided by you following the initial download to send a Welcome message, to notify you about our privacy practices, and to send you additional occasional communications, about your KIDOZ accounts, for password reminders, and for such other purposes as described in this Privacy Policy. If you do not wish to authorize the collection of your email address or any other type of personal information as described in this Privacy Policy, then you should not use those of our products that collect this information. Similarly, if you wish to prevent further collection of any personal information associated with using the Products on your device, simply uninstall the Products. With your permission under this Privacy Policy, we may also use a parent’s email address to send informational or promotional messages regarding KIDOZ-related Products. You may revoke permission to receive these promotional messages at any time by clicking on unsubscribe links in those emails or by contacting customer support at support@kidoz.net. We may also collect a parent’s email address, name and other personal information when a user submits a form through the “Contact Us” portion of the Products or through our website so that we may respond to the inquiry. We collect this personal information for the purpose of responding directly on a one-time basis to a specific inquiry. The child’s name (first name, nickname, etc.), age and gender enable KIDOZ to personalize the experience for each child, including providing direct access to third-party apps and content that is appropriate and relevant for the child’s profile, based on age and language. The child’s photograph is collected optionally as the avatar or kid account icon and is uploaded by the parent via Parental Controls. To produce a clean and friendly environment for children, KIDOZ needs to access the list of applications installed on the device. From this list, KIDOZ will only display suitable kid-friendly apps based on the age of the child. Some of our Products may offer the use of Voice Search as part of the activity. We DO NOT save nor collect the voice recordings of the child using this service. “Non-Personal Information” is non-individually identifying information, such as your family’s age range or the type of operating system or web browser that you use. In addition to the personal information that we collect in connection with the Products or that users actively provide to us by other methods such as completing our registration process, we also collect varied non-personal information about our users and how they interact with the Products. The types of non-personal information we collect may include, where applicable, your mobile carrier name, mobile device manufacturer and model, as well as certain standard information sent by your browser or mobile device, such as your browser/device type and capabilities and language, your operating system, the referring link from which you linked to our servers, and the date and time you access our servers. We also collect non-personal information related to use of our Products (such as features used, frequency of use, items clicked, pages viewed, and other actions taken) to help us determine and analyze how users interact with our Products. This Non-Personally Identifiable Information may be shared with third parties when required by law or in response to legal claims or actions.

Potentially Personally Identifiable Information is information that is non-individually identifying information in and of itself but that could be used in conjunction with other information to personally identify you. For example, Uniform Resource Locators (“URLs”) (the addresses of web pages) and Internet Protocol (“IP”) addresses (the addresses of computers on the Internet), device identifiers, or other persistent identifiers which are non-individually identifying information in and of themselves, could become personally identifiable information when combined with Internet or Mobile Service Provider’s records or used for certain purposes under COPPA.  When we need to collect, save or use this information to operate or improve our Products, we do so for internal support purposes and/or in compliance with COPPA regulations.
  1. How We Use, Disclose, and Store the Information We Collect
We use all types of information to analyze trends, to administer and improve our Products, to track users’ movements around the Products and to gather demographic information about our users. We also use such information for the purpose of matching content suitable to children. We may use the information collected to market directly to a user subject to requirements of applicable law. All of this is done in accordance with COPPA regulations, internally by authorized personnel within our company, using constant internal monitoring and safety measures. We also use Non-Personally Identifiable and Potentially Personally Identifiable Information for providing a better user experience on the Products and for providing communications related to our Website, Products and software, including for the following: (i) process of and reply to your requests, (ii) obtain consents to provide, and provide, marketing materials, promotions and/or offerings, (iii) support related issues, notices about updates, new features, or other information of interest to our users regarding the above. You may opt-out of receiving our marketing information by following instructions included in our marketing/promotional e-mails. PERSONALLY IDENTIFIABLE INFORMATION
  1. To the extent required under applicable data processing laws and regulations, any Personally Identifiable Information that we collect will be stored in our database and will be used in accordance with such applicable laws and regulations.
  2. We do not disclose, share, sell, rent or otherwise distribute any of your Personally Identifiable Information with or to any independent third parties unless you provide us with your specific and explicit written permission to do so. The only two exceptions we make are:
(1)      If the information is required by law in order to prevent, investigate, or take action regarding illegal activities, situations involving potential threats to physical safety, rights, property or of any person, suspected fraud and violations of our Terms of Use. In addition, we will share information in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights or defend against legal claims; and (2)      If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will notify you before personal information is transferred and becomes subject to a different privacy policy, through your email address or by placing a prominent notice on our Products. In addition to the purposes described above, we may use personal information such as user names and email addresses to enable parents to review personal information that has been collected by KIDOZ on their family’s account and to provide notification regarding KIDOZ Products, such as any future material amendments to this Privacy Policy. We also use non-personal information for internal purposes such as testing and improving user experience, e.g., by removing features that are rarely used, designing new products and services, improving our existing Products generally, and testing and enhancing security, and for other purposes described in this Privacy Policy. We also compile demographic data and usage-related information for a variety of uses in an aggregated or anonymized manner intended to remove or obscure any personal information which can identify any individual user.
  1. Cookies
We may use software technologies such as unique identifiers or “cookies” to collect and store information related to user interactions with the Products. Cookies are small data files that are placed onto your device by our servers. We may use temporary session cookies, which are terminated when the user closes the current session, to store certain personal information provided by the user for purposes of administering that session. We also may use persistent cookies, which remain saved on the user’s device after the current session is closed, to store user information to facilitate future sessions. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your device. Each browser is different, but generally users can remove cookies by following directions provided in the browser’s “help” file. Please note that, if you reject cookies or disable cookies, some features of the Products may not function properly.
  1. Sharing Information with Third-Parties
This Privacy Policy applies solely to the information collected by us online through the Products and does not apply to any other websites, applications or services. The Products may feature various icons, shortcuts or links to launch or access other websites, applications and services provided by third parties that we do not own or control. Although our Products may be designed to restrict the ability of third parties to collect data from users when they launch third-party apps from within the Products, we cannot be responsible for the practices or privacy policies of those third parties or any collection and use of data by third parties from users when they launch third party apps from within the Products. Similarly, we cannot be responsible for the practices or privacy policies of any other websites, applications and services linked to our website. We encourage you to be aware when you launch third party applications or leave our website and to read the privacy policies of each and every third party that may be providing websites, applications or information linked to, accessed or launched from the Products. From time to time, we may decide that it is more efficient to use contracted third party service providers to perform specific functions related to the Products. If we use a third party to perform specific functions (such as payment processing or sending communications to parent users on our behalf), then information (such as parent contact information) may be shared with that third party to the extent necessary for that third party to perform that function. We authorize these third-party service providers to use personal information only for the purpose of providing the specific services requested by us. We may offer blogs or other Public Forums (as defined in the “Terms of Service” governing the use of the Products) as well as other features in which a parent or other adult may provide us with Submissions (as defined in the Terms of Service), but we take measures, including live moderation, so that users cannot communicate personal information through these Public Forums. If you use a Public Forum on this website, and disclose personally identifiable information that we do not detect, you should be aware that such information could be read, collected or used by other users. We are not responsible for any personally identifiable information you choose to submit in these Public Forums. Third-Party "hosts" – some of our Products may be offered by third-party apps, websites or online services. KIDOZ Privacy Policy does not apply to those hosts, and the hosts’ policies do not apply or require that KIDOZ commit to any of their statements. KIDOZ is not liable and has no connection to any changes in policies of its partners and hosts, and updating you of any such changes is the sole responsibility of the third party. You should check the individual policy of each product/service in order to understand the full terms of use and privacy policy in the combined products. KIDOZ does not share personal information about our users with any unaffiliated/independent third-party companies in connection with our Products.   Finally, our Products may include various community features and functionality that enable users to post, access and share information, such as our KIDOZ mail feature available from our KIDOZ for PC product. Communication using this tool is enabled only with parent-approved recipients and, if necessary, with prior verifiable parental consent. Please note that any Personally Identifiable Information voluntarily disclosed by you or your child on our Website through email, in public-view personal profiles, public-view uploaded materials, chat rooms, message boards, or intra-site message systems, may be viewed and possibly used by other users, and such disclosure may have unintended privacy implications for you. Whenever required by law and in products intended for users under the age of 13, the Products shall take additional safety measures or require verifiable parental consent before allowing children access or usage of these types of community features.
  1. Security
The security of your personal information is important to us. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. You should be aware, however, that there is no data that is transmitted over the Internet that can be guaranteed 100% secure in transmission or safe from theft or illegal capture.
  1. Update/Delete User Information
You can contact us at any time to review a copy of your or your child’s personal information (if applicable) and to have any inaccuracies corrected or if you no longer desire our service (in which case we will endeavor to remove your Personally Identifiable Information provided to us). Where appropriate, you may request to have your Personally Identifiable Information or your child’s information erased, rectified, amended or completed.  You may also request that we stop collecting or using your child’s personal information (as applicable). To make any of these requests, please e-mail support@kidoz.net.
  1. Effective Date; Changes to Privacy Policy
By accessing the Products, you consent to the collection, use and disclosure of your information as explained in this Privacy Policy. This Privacy Policy is incorporated into and is subject to the KIDOZ Terms of Use, which can be accessed at Terms of Use. Your use of the Products and any information you provide through the Products is subject to the terms of this Privacy Policy and our Terms of Use. The most current version of this Privacy Policy is effective as of the date of last modification set forth below, and applies to all information previously obtained by KIDOZ.  We reserve the right to change the Privacy Policy at our sole discretion. KIDOZ users will be informed of any such change by us posting a new Privacy Policy on the KIDOZ Website and/or Products and the effective date of any change of Privacy Policy will be clearly marked. As required by law, we will not use personal information in ways that are materially different from the ways described in this Privacy Policy without also providing notification of such practices and obtaining prior consent to any such different uses.  If any material changes affect the handling of children’s personal information (which we generally do not collect from children), then we would require prior parental notice and verifiable consent. Please note that you are responsible for updating your personal information to provide us your current email address at all times. In the event that the last parent email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our sending of the email containing such notice will nonetheless constitute effective notice of any change described in the notice.
  1. Governing Law
This Privacy Policy shall be exclusively governed by and construed in all respects under the laws of Israel, without giving effect to any choice-of-law or conflict-of-law provisions. Any and all legal claims, suits or actions that arise in connection with this Privacy Policy or with breach of this Privacy Policy shall be submitted exclusively to the personal jurisdiction of the courts located in Tel Aviv, Israel.
  1. Contact Us
If you have questions or wish to send us comments about this Privacy Policy, please send an email with your questions or comments to: KIDOZ, PO BOX 8517, Poleg Industrial park, Netanya, Israel +972-9-7716444 support@kidoz.net. Please be assured that any personal information that you provide in communications to the above email will not be used to send you promotional materials, unless you so request.   Date of Last Modification: November 2015.

KIDOZ TERMS OF USE


These terms of use (“Terms of Use“) set forth the basis on which you are permitted to access and use the KIDOZ website, applications and online resources (collectively, the “Services”).

The KIDOZ website is intended as a general audience website that enables visitors to learn more about KIDOZ and mobile technology, apps, games and other content for families. Our downloadable PC  and mobile application (the “Product”), are designed as tools for parents and legal guardians to provide their children with a kid-friendly environment to discover, launch and use third party applications and content with parental controls managed through the Product.

These Terms of Use shall govern over all aspects of KIDOZ’s applications offered, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Product. By accessing and using the Product in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use or access the Product in any manner. KIDOZ Ltd. (“KIDOZ”) reserves the right to update these Terms of Use at any time without the requirement of any notice to you.

USE OF THE SERVICES

The KIDOZ Product is a protected environment which enables young kids to safely use a wide variety of applications and content on the Internet suitable for children. Unless otherwise specified, the Product is made available solely for personal and non-commercial use, in accordance with all applicable laws.

As a condition to your use of the Services provided by KIDOZ, you agree not to use the Product for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any KIDOZ server, or the network(s) connected to any KIDOZ server, or interfere with any other party’s use and enjoyment of the Service. You may not distribute in any medium any part of the Service without KIDOZ’ prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Product. You further agree not to alter or modify any part of the Service or any of its related technologies.

USER ACCOUNTS

The services made available require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KIDOZ immediately of any unauthorized use of your account or any other breach of security. KIDOZ will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by KIDOZ or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.

WEBSITE CONTENT

The content on the Website, except for all User Generated Content (defined below), including, but not limited to, music, games, videos, text, software, graphics, photos, sounds, interactive features and other content (“Website Content“) and the trademarks, service marks and logos contained therein, are owned by or licensed to KIDOZ, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Website Content is provided to you on an AS IS basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of KIDOZ or the respective owners. KIDOZ reserves all rights not expressly granted in and to the Website and the Website Content.

CONTENT / SUBMISSIONS TO THE SERVICES

On some parts of our Services or otherwise in connection with your use of the Services, you may be allowed to submit, post or link to content or applications or provide comments for others to see (collectively, referred to herein as “Content”). If you submit, post, link to or contribute Content, you guarantee, represent and warrant to us that:

  1. You have all necessary legal rights to submit, post, contribute or link to such Content and it does not and will not infringe or violate any law or the rights of any person;
  2. While you or the rightful owner of the Content retain all ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you or any third party, consistent with the purposes and functions of the Services;
  3. You are entirely responsible for all Content you submit, post, contribute, link to, upload, email, transmit or otherwise make available in any way by or through the Services (collectively “Submissions”);
  4. You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms; and
  5. For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Services; and we do not undertake any obligation to screen, monitor, edit or review Content before it appears on the Services. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Services. We can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, you understand that by using the Services, you may be exposed to Content that is offensive or objectionable.

CONDUCT OF USERS

We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:

  1. You will follow these Terms and all applicable laws;
  2. You will never give your password to anyone;
  3. You will not harass, threaten or abuse other people when using the Services in any manner;
  4. You will not interfere with others’ use of the Services or act in a way that negatively affects other users’ enjoyment of the Services;
  5. You will not participate in any action that, in the sole and absolute opinion of KIDOZ, results or may result in any user of the Services being scammed or defrauded in any way in connection with such user’s use of the Services;
  6. You will not upload, post, email or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
  7. You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by KIDOZ, and you will promptly report to KIDOZ your discovery of any such errors, features or bugs.
  8. You will not attempt to harvest any user names or email addresses from the Services for any purpose;
  9. You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;
  10. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with KIDOZ; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
  11. You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
  12. You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
  13. You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, the ability of users to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
  14. You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.

If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system.

We can terminate your access to the Services at any time. We may also remove any Content that you post without cause and without notice to you.

YOU UNDERSTAND THAT KIDOZ IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

INTELLECTUAL PROPERTY

KIDOZ reserves all rights not expressly granted in the Agreement and disclaims the grant of any implied rights to you. The Services are owned by KIDOZ or its licensors, as applicable, and protected by applicable law, with all rights reserved. The entire content (images and text) of the Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of KIDOZ. Except for allowing you to use the Services for your personal use as set forth in these Terms, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of KIDOZ or its licensors. You understand that you have no rights to the Services or any other property of KIDOZ or its licensors except as expressly provided in these Terms.

ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT

You understand and agree that KIDOZ may (but is not obligated to) review and remove any content of any kind (whether Website Content, User Generated Content or Third Party Content) that under KIDOZ’ sole discretion violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Website (“Abusive Content“). In addition, each user of the Website may notify KIDOZ that it considers certain content (whether Website Content, User Generated Content or Third Party Content) to be Abusive Content and provide reasons supporting such notification. KIDOZ shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user’s ability to upload content in violation of these Terms of Use.

KIDOZ takes the protection of intellectual property rights, including copyrights, very seriously. KIDOZ will terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to KIDOZ if they have a good-faith belief that their protected works are being infringed. KIDOZ will respond to all such notifications that are sent.

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:

KIDOZ’ designated Copyright Agent to receive notifications of claimed infringement may be contacted at: info@kidoz.net  with the words “Copyright Agent” in the Subject of your mail. For clarity, only alleged infringement notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KIDOZ customer service through support@kidoz.net. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.

Upon receipt of such notification, KIDOZ shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After KIDOZ removes or disables access to such material, if such material was posted by a user of the Service, KIDOZ will notify the party that posted the material of its action. Such party may then provide KIDOZ designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which KIDOZ will forward to the alleged copyright owner. KIDOZ will inform the alleged copyright owner that KIDOZ will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to KIDOZ designated agent stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to KIDOZ designated agent, listed above. The notice must include the following information:

THIRD PARTY WEBSITES AND CONTENT

KIDOZ has not and cannot review all of the material, information and content available on or by means of third party websites and webpages to which the website links and which link to the website (“Third Party Content“), and cannot therefore be responsible for such Third Party Content. By linking to a non-KIDOZ website or webpage, KIDOZ does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. KIDOZ disclaims any responsibility whatsoever for any harm resulting from your use of non-KIDOZ websites and webpages.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Our Privacy Policy explains our online information practices and how your information is collected and used.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDOZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. KIDOZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ITS SERVICES (OF ANY KIND) OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KIDOZ’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. KIDOZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KIDOZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL KIDOZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KIDOZ’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIDOZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNITY

You agree to defend, indemnify and hold harmless KIDOZ, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your potential postings or User Generated Content caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Services.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

GOVERNING LAW & JURISDICTION

Your use of the Services and Product and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict-of-law provisions. You agree that any action brought against KIDOZ arising out of or relating to the Services or Product or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GENERAL

These Terms of Use, together with the Privacy Policy and any other legal notices published by KIDOZ on the Website or Product shall constitute the entire agreement between you and KIDOZ concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KIDOZ’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.