KIDO'Z 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 located at www.kidoz.net ("Website"). These Terms of Use shall govern over all aspects of Kidoz' applications offered via the Website, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Website. By accessing and using the Website 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 Website 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 WEBSITE
The Website is a protected environment which enables young kids to safely use a wide variety of applications on the Internet suitable for children. Unless otherwise specified, the Website is made available solely for personal and non-commercial use, in accordance with all applicable laws.
As a condition to your use of the Website, you agree not to use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website 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 Website. You may not distribute in any medium any part of the Website 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 Website. You further agree not to alter or modify any part of the Website or any of its related technologies.

USER ACCOUNTS
The services made available on the Website 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 also will 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.

USER GENERATED CONTENT
Any and all media, images, games, music, sounds, graphics, video, or other materials and content of any kind that you make available (by uploading or otherwise) to other users of the Website (collectively, the "User Generated Content") are at your sole responsibility. Kidoz does not screen any User Generated Content, does not back up any User Generated Content and is not responsible for any User Generated Content uploaded or otherwise made available by you or by any user of the Website. This means that you, and not Kidoz, are entirely responsible for all User Generated Content uploaded and/or otherwise made available by you.
By uploading and/or otherwise making available User Generated Content you hereby warrant and represent that: (i) the copying, uploading and use of the User Generated Content does not infringe upon any third party's proprietary rights, including but not limited to intellectual property rights; (ii) you have fully complied with any third-party licenses, permits and/or authorizations required in connection with such User Generated Content; (iii) the User Generated Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; and (iv) the User Generated Content is not obscene or libelous and does not violate the right of privacy or publicity of any third party.

You are and shall remain the sole owner of all rights in your User Generated Content; however, by uploading or making available User Generated Content to the Website, you hereby grant Kidoz a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Website and Kidoz' business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. To the extent that you permit sharing of your User Generated Content with other Website users, you also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content to the extent permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in your User Generated Content shall terminate within a reasonable period of time after you remove or delete your User Generated Content from the Website; you do understand and agree however that Kidoz may retain, but not display, distribute, or perform, server copies of your User Generated Content that have been removed or deleted.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL KIDOZ BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER GENERATED CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER GENERATED CONTENT TRAMSMITTED, UPLOADED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

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.

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.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Our Privacy Policy, located at: http://kidoz.net/privacy.html] explains our online information practices and how your information is collected and used.

INFRINGEMENT NOTICES AND COUNTER-NOTICES
A. Infringement Notice
If you are a copyright owner or an agent thereof and believe that any User Generated Content or other content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Kidoz to locate the material;
4. Information reasonably sufficient to permit Kidoz to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Kidoz' designated Copyright Agent to receive notifications of claimed infringement may be contacted at: support@kidoz.net. 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.

B. Counter-Notice
If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Generated Content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Kidoz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Kidoz ' sole discretion.

WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KIDOZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT (OF ANY KIND) OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE 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 WEBSITE, (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 WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE, 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 Website; (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 User Generated Content caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Website.

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 Website and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict of laws provisions. You agree that any action brought against Kidoz arising out of or relating to the Website 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 WEBSITE 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 located at http://kidoz.net/privacy.html and any other legal notices published by Kidoz on the Website shall constitute the entire agreement between you and Kidoz concerning the Website. 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.