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:

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:

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.
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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:

THIRD PARTY WEBSITES AND CONTENT

KIDOZ complies with the Children’s Online Privacy Protection Act (COPPA) and makes every effort to choose third-party websites and content that is kid-friendly. KIDOZ is however, not responsible or liable for the material, information and content available on or by means of any third-party content, services, online products, websites and webpages (“Third Party Content“). KIDOZ is also not responsible for the privacy practices and cannot guarantee the COPPA compliance of third-party content including on websites, webpages, services or online products. By linking to a non-KIDOZ website, webpage, content, service, online product, etc., KIDOZ does not represent or imply that it endorses such website, webpage, content, service or online product. You are responsible for reviewing the privacy practices of all third-party content.KIDOZ disclaims any responsibility whatsoever for any harm resulting from your use of non-KIDOZ websites, webpages, content, services, online products, etc. 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 is using the YouTube Data API service in order to allow a filtered and safe use of YouTube’s content. By using the Kidoz OS solution you acknowledge and accept the YouTube API terms of service. Where possible, KIDOZ uses the latest version of the YouTube API. In cases where the API cannot be updated, please be aware that certain features might stop working.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION‍

Our Privacy Policy, located at: https://kidoz.net/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 located at https://kidoz.net/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.

KIDOZ Applications

[Last Modified: November 11, 2020]

KIDOZ Ltd. (together with its subsidiaries, affiliates, employees, officers and directors, as applicable – collectively “Company” “KIDOZ” or “we” or “us” or “our “) is a mobile-driven company that provides a kid-safe environment and family-friendly designated products and mobile technology, such as KIDOZ Discover the Best application, an entertainment solution for kids that combines safety, engagement appropriate children’s content (“KID Mode App”) and other child friendly mobile applications (collectively “App(s)” and together with the features and services provided therein shall be defined as the “Services”).KIDOZ respects the privacy of its users (both parents and children, and collectively “you” or “user”). We believe it is important for you to make informed decisions regarding the use of our Services based on your understanding of what information we collect through the use of our Apps, what we do with such information, how we process it, with whom we share it, as well as your rights and choices regarding your information processed by us. For this purpose, we have drafted this privacy policy (“Privacy Policy”), which will further describe and detail our privacy practices while you use or otherwise interact with our Apps; but before that, we would like to explain the basis on which we process data:

• Where you sign up for any of our Services, we process personal data in order to perform our contract with you;
• If we have a legitimate interest in processing data, such as for direct marketing or online identifiers when you access our Website or interact with our Services, subject to applicable law provisions; or
• We will also process personal data where you have provided us with consent to do so.

Agreement”).
For more details regarding the terms and conditions for use of the Apps, please read our Terms of Use (“Terms of Use”), a current copy of which is available here. Note that this Privacy Policy is an integral part of the Terms of Use (collectively the “Agreement”).

CHILDREN'S INFORMATION‍

Our Privacy Policy and our privacy practices adhere to the United States Children’s Online Privacy Protection Act (“COPPA”), as well as other applicable laws. We will not knowingly collect and store Personal Information directly from: (i) US resident children under 13 years of age without parental consent, except as permitted under COPPA; (ii) EU resident children under 16 years of age without parental consent, except as permitted under EU applicable law. 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. If you are aware that your child has provided us with Personal Information not in accordance with the terms of this Privacy Policy, please contact us at: support@kidoz.net. You may also contact us, through the communication alternatives detailed herein (just scroll to the bottom of this Privacy Policy).

KIDOZ Ltd is a member of the PRIVO Kids Privacy Assured COPPA safe harbor certification Program (“the Program”). The Program certification applies to the digital properties listed on the certification page that is viewable by clicking on the PRIVO Seal. PRIVO is an independent, third-party organization committed to safeguarding children's personal information collected online. The PRIVO COPPA safe harbor certification Seal posted on this page indicates KIDOZ Ltd has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at +972-9-779-6366 or support@kidoz.net. If you have further concerns after you have contacted us, you can contact PRIVO directly at privacy@privo.com.

PARENT KIDOZ ACCOUNT

In order to use certain features of the KID Mode App, you as parent will be requested to create a designated Parent KIDOZ Account (“Account”). By creating an Account, you provide your consent to the collection, use and disclosure of your child’s Personal Information as described in this Privacy Policy, and 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 Account by emailing your request to: support@kidoz.net or uninstalling the App from your mobile device. You represent and warrant that you are solely responsible for maintaining the confidentiality of your Account details and password, and for any and all activity made under the Account. You represent and warrant that you will not provide inaccurate, misleading or false information to KIDOZ, and that you will provide only your own or your child’s information. Following the creation of your Account, you will be able to access your designated dashboard, activate parental controls to your preference and view certain child usage information (some features will require payment).
During Registration, and subject to applicable legal requirements, the parent will be requested to provide consent to the processing of the child’s Personal Information related to the child’s use of the App (as detailed herein). Following which, a verification email will be sent to the email address provided through registration. The parent will be required to follow the instructions detailed in the verification email and activate the Account within the period defined therein (“Pending Period”). In the event the parent does not activate the Account within the Pending Period, the Account will be blocked until the parent either requests to resend the verification email and subsequently activates the account, or chooses to proceed solely as a guest (meaning, some features will not be available). In this latter case, the parent account and all child profiles under the parent account will be removed from the KIDOZ database and all user activity information previously collected will be deleted and no additional data will be collected for that user.

In either event, following the Pending Period, KIDOZ will cease to collect any information related to the specific user’s use of the App. In addition, in the event the parent does not activate the Account within the given time period even after having requested a new verification email and parent does not choose to proceed as a Guest, in other words, there is no user activity at all for this account, KIDOZ will delete the Personal Information related to the child’s use of the App. The Account will remain Active until either User chooses to use KIDOZ as a Guest or Parent requests to close Account.

TYPES OF INFORMATION WE COLLECT‍

We may collect different categories of information from you, either Personal or Non-Personal Information (as defined below) depending on the nature of your interaction with the Services, all as detailed below.The first type of information is non-identifiable information that may be made available or gathered through your use of the Services; to clarify, we are not aware of your identity based on such information (“Non-Personal Information”). The Non-Personal Information that is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information such as: device brand, screen size, UDID, type of operating system, type of device, language preference, the time and date you access our Services, your actions within our Services (e.g., registration, pages viewed, etc.), the URLs from which you were directed to our Services, search queries within our Services, etc., and approximate geo-location (Country).
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). Personal Information includes information voluntarily provided by you as well as certain identifiers, such as Internet Protocol (“IP”) addresses, or mobile advertising identifiers – Google Advertising ID and Apple IDFA (“Identifiers”). Note that the Identifiers are considered “Personal Information” in many jurisdictions (such as the EEA, as well as under COPPA), thus, KIDOZ treats Identifiers as such and complies with applicable laws. With regards to our use of Identifiers and your ability to opt-out of such data collection, please see the table below (under Identifiers), as well the “mobile opt out” provision below.
You are not required by law to provide us with certain Personal Information. You can always refuse to provide certain Personal Information; however, you acknowledge that such refusal may prevent you from engaging in certain activities on the Website or Services.
In the event we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.
The table below details the information we collect, why we collect it and how we use it:

Should we need to collect additional Personal Information other than the Personal Information detailed above, we will send a parent an applicable request and obtain consent prior to collection, if required under applicable law.We may use data in an aggregated, non-specific format for analytical purposes. This information is anonymous and will not be linked to any Personal Information. We may share such statistical information with our partners, without restriction.

How We Collect Information

Depending on the nature of your interaction with the Services, KIDOZ may collect information as follows: (i) Automatically – KIDOZ collects information automatically transmitted from the device; (ii) Provided by you voluntarily – meaning, if and when you choose to provide us with information such as through a registration process, newsletter registration, contact us communications, etc.

COOKIES AND KIDOZ SOFTWARE DEVELOPER KIT‍

We may integrate our KIDOZ Software Developer Kit (“SDK”) into the Apps to serve third-party child-appropriate advertisements. As detailed above, we do NOT use any Personal Information collected for profiling. For more information, please see https://kidoz.net/website-and-kidoz-sdk-privacy-policy/, which details the types of information collected by our SDK or when you use our Website.

In addition, our Website (through which you are able to access your parent Account and the dashboard) may include cookies that might include your IP address, such as:

• Google Analytics: The Google Analytics cookie is placed to track and analyze the use of our Services, for internal analytic purposes. To learn more about how Google uses data from our use of Google Analytics Cookies, we recommend that you review Google’s policies located at: google.com/policies/privacy/partners. We also encourage you to review Google Analytics currently available opt-outs for the web tool available at:  https://tools.google.com/dlpage/gaoptout and, https://adssettings.google.com/
  authenticated.
  ‍
• Hubspot: The Hubspot privacy policy can be found at: https://legal.hubspot.com/privacy-policy. We use Hubspot technology to provide and perform our direct marketing services.
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• Mailchimp: The Mailchimp privacy policy can be found at: https://mailchimp.com/legal/privacy. We use Mailchimp technology to provide and perform our direct marketing services.
  ‍
• MailMunch: The MailMunch privacy policy can be found at: https://legal.mailmunch.com/privacy. We may use MailMunch plug-in technology to provide and perform our direct marketing services.
  ‍

DISCLOSURE OF INFORMATION‍

We do not disclose, share, sell, rent or otherwise distribute any of your or your child’s Personal Information with or to any independent third parties unless as specified herein:

• Authorized Disclosures – we may disclose Personal Information to third parties when you consent to a particular disclosure. Please note that once we share your information with another third party, that information becomes subject to the other third party’s privacy practices.
• Business Transfers – we may transfer our databases containing Personal Information if we sell our business or any part of it. In that event, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy.
• Law Enforcement related disclosure – we may be required to share information (including Personal Information) collected if the information is required by law 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 and agreements and in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights.
• Business Partners, Service Providers, Affiliates, and Subcontractors – we may disclose information (including Personal Information) to our trusted affiliates, personnel, licensors, contractors, service providers, subcontractors and business partners who may use such information to help us provide you with the Services. For example, we will share the email addresses of users who have registered to our Newsletter, in order to provide them with direct marketing services. We authorize these third-party service providers to use Personal Information only for the purpose of providing the specific services.
• Identifiers – we may share Identifiers for the purpose of operating our business and providing the Services, meaning to serve the advertisements through our SDK, as well as to detect fraud, security or technical issues in connection with the Services.

We provide our users with the ability to exercise certain choices and controls in connection with our treatment of their Personal Information, depending on their relationship with us. If you wish to exercise any or all of the above rights, please contact us by email at: support@kidoz.net, or contact our Data Protection Officer at: dpo@kidoz.net, and let us know that you wish to exercise your right of access and specify what Personal Information you would like to receive or delete (including if you wish to delete the Account). Where we are not able to provide you with the information you have requested, we will endeavor to explain the reasoning for this. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. In addition, the process of locating and deleting the data may take up to one (1) month in accordance with applicable law. Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

UNSUBSCRIBE FROM DIRECT MARKETING

You may revoke permission to receive promotional messages at any time by contacting customer support at support@kidoz.net or by following the unsubscribe link located at the bottom of each communication. Please note that even if you unsubscribe, we reserve the right to send you service-related communications, announcements and administrative messages.

OPT-OUT‍

You may easily opt out of certain automatic data collection, sharing processes and targeted advertising services related to our Service. Please note that even if you opt-out, you will still receive content and advertising. Opting-out simply means that the advertisements you do receive may not be contextual.

MOBILE OPT-OUT:‍

You may limit the disclosure of certain information collected from your mobile device by adjusting the settings on your mobile device. You should review your device settings and instructions. Notwithstanding, we provide the following instructions solely for informational purposes (as they might be revised by the device supplier): For iOS mobile devices, go to “Settings” from your device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile devices, go to “Google Settings” on your device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.” Please read your device-specific information to learn how to opt-out:

ANDROID

iOS

WEBSITE OPT-OUT:‍

You may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser.
Please refer to the support page of the browser you are using. In this regard, following are some links that you may find useful:

• Google Chrome
• FireFox
• Internet Explorer
• Safari
• Edge
• Opera

Comments and Questions‍

If you have any comments or questions about our Privacy Policy, please contact us at:
KIDOZ Ltd.
12 Haomanut Street,
Poleg Industrial Park
PO BOX 8517
Netanya, Israel
+972-9-779-6366

You can also contact us via email at: support@kidoz.net.

DATA PROTECTION OFFICER

If you have any requests regarding the data collected under this Privacy Policy, including without limitation, requests to remove, delete, amend, modify or transfer the data, please contact our Data Protection Officer at: dpo@kidoz.net.Please be sure to include your information in any correspondence to us so that we can respond to your inquiry in a timely manner.

PARTICIPATION IN THE KIDOZ ONLINE SERVICES AND/OR ACCESS OF THE KIDOZ TECHNOLOGY INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS (THE “KIDOZ USER AND PUBLISHER AGREEMENT” OR “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, INCLUDING BUT NOT LIMITED TO, KIDOZ PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE PARTICIPATE IN THE KIDOZ ONLINE SERVICES OR THE KIDOZ TECHNOLOGY.

“KIDOZ User” means any entity who accesses a Publisher Account and/or Publisher Prepared Media and/or Publisher Online Services Data and/or Kidoz Technology and/or Online Services (all as defined below), which will also be bound by the terms and conditions of this Agreement. The Online Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company or other type of organization that you are appropriately licensed and legally permitted to conduct business.

“Publisher” means any entity identified in a KIDOZ enrolment form submitted by the same or affiliated persons, and/or any agency, network or other third party that has access to a Publisher Account and/or Publisher Prepared Media and/or Publisher Online Services Data (all as defined below), which will also be bound by the terms and conditions of this Agreement. The Online Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company or other type of organization that you are appropriately licensed and legally permitted to conduct business.

This Agreement constitutes the entire and only agreement between KIDOZ User and/or Publisher and KIDOZ, Inc. (“KIDOZ”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the content, products or services provided by KIDOZ (“KIDOZ Technology”), and the subject matter of this Agreement. This Agreement may be amended at any time by KIDOZ without specific notice to you. The latest agreement will be posted on www.kidoz.net (the “Site”), and you should review this Agreement prior to using the Site or the Online Services.

KIDOZ and KIDOZ User and Publisher will be hereinafter individually referred to as a “Party” and jointly referred to as the “Parties”. Publisher is a type of KIDOZ User and will be included in any use of the term KIDOZ User.

1. Definitions

Ad – means a public digital communication that promotes a product, service, brand or event, or other communication designed to inform or influence an End User.

Ad Inventory – means the total amount of space a Publisher has available for advertisements at a given time.

Ad Space – means the area of an App, CTV Content, or Website that is dedicated to the display of Ads.

Advertiser – means a company, organization, or individual that pays or otherwise contracts for Ads to be presented to an End User.

App – means a software application developed or published by Publisher which may contain Ad Space.

CTV Content – means content designed for display on a device connected to or embedded in a television to support video content streaming which may contain Ad Space.

End User – means a person or entity utilizing an App.

KIDOZ – means KIDOZ Inc. and any of its affiliates, assignees, and successors.

KIDOZ SDK – means the software development kit provided by KIDOZ to Publisher or KIDOZ User pursuant to the terms of this Agreement, as may be updated by KIDOZ from time to time in its sole discretion.

KIDOZ Technology – means all code, content, data, routines, algorithms, methods, ideas, designs, user interface techniques, trade practices, media, apps, websites, protocols, software, materials, and documentation owned or licensed by KIDOZ including without limitation the Online Services, and the KIDOZ SDK.

KIDOZ User– holds the meaning as defined in the preamble.

Net Revenue – means all revenues payable by Advertiser to KIDOZ for the placement of Ads within the advertising spaces on Publisher App(s) through KIDOZ Online Services.

Online Services – means the set of services provided by KIDOZ which facilitate End Users ability to receive Online Services Ads in Publisher Prepared Media via the sale of Ad Spaces.

Online Services Ads – means any Ads handled by the Online Services for display in the Publisher Prepared Media.

Online Services Data – means any data handled, managed, or transmitted by and between the Online Services and the Publisher Prepared Media.

Online Services Interface – means the protocols, APIs and user interface by which KIDOZ User and/or Publisher and/or Publisher Prepared Media can connect to and interact with the Online Services.

Publisher – holds the meaning as defined in the preamble.

Publisher Dashboard - means the section of the Online Services Interface where KIDOZ provides Publisher access to curated Online Services Data displaying performance of the Ads served on Publisher Prepared Media.

Publisher Prepared Media – means any App, CTV Content, or Website that either includes the KIDOZ SDK, utilizes tags provided by KIDOZ, or connects to the Online Services via OpenRTB or other communication protocol.

Site – means the KIDOZ website at www.kidoz.net.

Website – means a collection of publicly accessible, interlinked Web pages that share a single domain name which may contain Ad Space.

2. Description of Online Services.

KIDOZ will serve Ads provided by Advertisers, for display in Publisher Prepared Media, via the Online Services based upon the criteria selected by Publisher via the Online Services Interface. The Online Services Interface may be updated by KIDOZ from time to time without notice to you. KIDOZ will use commercially reasonable efforts to maximize the sale of Ad Space within Publisher Prepared Media to Advertisers pursuant to the specifications set forth as per the integration.

3. Implementation of Online Services.‍

KIDOZ User and/or Publisher will implement the Online Services in a manner that complies with the technical and implementation requirements provided on the Site or in writing by KIDOZ to KIDOZ User  and/or Publisher, including those instructions contained in the documentation regarding the Online Services Interface. Without limiting the foregoing, KIDOZ User and/or Publisher acknowledges and agrees to the following:

3.1. No Obligation.

KIDOZ will have no obligation to process a request for Online Services Ads that are not sent in compliance with the requirements of this Agreement. If KIDOZ is notified by KIDOZ User and/or Publisher or otherwise becomes aware and determines in its sole discretion that and item or portion of the Online Services Ads and/or Online Services Data and/or Publisher Prepared Media and/or Publisher trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Publisher Marks”): (i) violates the intellectual property rights or any other rights of any third party; (ii) violates any applicable law or is subject to an injunction; (iii) is pornographic, obscene or otherwise violates this Agreement; (iv) is being distributed by KIDOZ User and/or Publisher improperly; or (v) may create liability for KIDOZ, KIDOZ may reject, remove, withdraw from, not display or cease displaying that Online Services Ad and/or Online Services Data from the Online Services entirely with no liability to KIDOZ. KIDOZ User and/or Publisher has and will continue to abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection and use of information from End Users of Publisher Prepared Media. Publisher must post a privacy policy in each item of Publisher Prepared Media and such policy, where applicable, must provide notice of Publisher’s use of a cookie or other mechanism for a third party to collect end user traffic diagnostics.

3.2. Prohibited Actions.

KIDOZ User and/or Publisher will not, and will not allow any third party to: (a) directly or indirectly access, launch and/or activate the KIDOZ Technology through or from, or otherwise incorporate the KIDOZ Technology in, any software application, website or other means other than the Publisher Prepared Media, and then only to the extent expressly permitted herein; (b) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co- branding, timesharing, service bureau or other unauthorized purposes the KIDOZ Technology or access thereto (including, but not limited to ads, including without limitation Online Services Ads and Online Services Data, or any part, copy or derivative thereof); (c) directly or indirectly generate queries, or impressions of or clicks on ads, including without limitation Online Services Ads, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro Online Services, and Internet agents); (d) encourage or require End Users or any other persons, either with or without their knowledge, to click on ads, including without limitation Online Services Ads, through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent; (e) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the KIDOZ Technology; (f) remove, deface, obscure, or alter KIDOZ copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the KIDOZ Technology; (g) create or attempt to create a substitute or similar service or product through use of or access to any of the KIDOZ Technology or proprietary information related thereto; or (h) utilize any feature or functionality of the KIDOZ Technology, or include anything in Online Services Data or Online Services Ads, that could be so utilized to personally identify and/or personally track individual end users or any other persons.

3.3. Online Services.

Online Services are to be used only for serving Ads to Publisher Prepared Media. KIDOZ User and/or Publisher may not use the Online Services with Publisher Prepared Media that: (i) promotes or depicts illegal activity or violence; (ii) advocates against a particular group; (iii) infringes a third party’s rights; (iv) introduces viruses, spyware, and malware; (v) contains sexually explicit content; (vi) depicts illicit drugs and drug paraphernalia; (vii) promotes online casinos and gambling; (viii) promotes weapons or ammunition; (ix) promotes hard alcohol; (x) could harm minors in any way; or (xi) contains any content that is illegal, promotes illegal activity, or provides information that is misleading, inaccurate, or infringes on the legal rights of others.

3.4 Advertiser Content.

KIDOZ shall cause that Advertisers warrant to KIDOZ that (i) all creative materials provided to KIDOZ and included within Ads are either original to Advertisers or Advertisers have all necessary rights for using Ads for the purposes described herein; (ii) Advertisers have the power and authority to display Ads in Ads Inventory; (iii)  Ads shall not contain any of the following content, at KIDOZ sole discretion: indecent, obscene or pornographic material, hate speech, highly controversial content, drugs, cigarettes and content associated with smoking, content that promotes violence, content that violates any applicable law, regulation or third Parties, and content that disparages, ridicules, derogates, harasses, threatens, defames, or libels any third Party or any product or service provided by a third Party; (iv) the Ads shall not contain or proliferate taxes, spyware, adware or malicious code and shall not otherwise overburden, disrupt, damage, or impair the mobile content and games provided by Publishers via KIDOZ and to third Parties; and (v) the Ads are legal to distribute, do not and shall not infringe on any third-party intellectual property right (including, without limitation, trademarks, patents, copyrights, rights of publicity, moral rights, or any other third-party right) and do not otherwise violate any applicable law or regulation, including any criminal law. Notwithstanding the foregoing, alcohol advertising is subject to prohibition or restriction with respect to the laws or regulations of certain countries, and Advertisers represent and warrant that they shall not target people under the legal drinking age according to such laws or regulations in their Ads.

4. Online Services Term.

This Agreement will be effective for a KIDOZ User as of the date KIDOZ User accesses Kidoz Online Services and/or Kidoz Technology and will be effective for a Publisher as of the date KIDOZ activates Publisher’s Online Services account and will continue until terminated, as provided in this Agreement (the “Online Services Term”). Publisher may terminate this Agreement, with or without cause, at any time by sending written notice to info@kidoz.net of Publisher’s desire to cancel Publisher’s participation in the Online Services. This Agreement will be deemed terminated within ten (10) business days of KIDOZ receipt of your notice.

If Publisher violates this Agreement, KIDOZ may in its sole discretion and without prior notice, immediately suspend the participation of any or all of Publisher Prepared Media in all or part of the Online Services.

KIDOZ may terminate this Agreement and terminate the participation of Publisher Prepared Media in all or part of the Online Services, with or without cause, upon thirty (30) days’ prior notice.

5. Data and Reporting Measures.

KIDOZ shall grant Publisher exclusive access to your Publisher Dashboard, which contains the following data:

• Impressions
• Clicks
• CTR
• eCPM
• Revenues

KIDOZ may, but is not obligated to, display other data beyond the above, and for periods longer than 6 months back.
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KIDOZ books and records shall constitute final evidence regarding downloads and impressions of the Online Services counted by KIDOZ for the purpose of calculating the consideration due to Publisher hereunder.‍

6. Account and Dashboard.

The account opened for Publisher by KIDOZ:

• Is for Publisher use only.
• Cannot be transferred.
• Will be used occasionally to provide Publisher with news, updates of terms and policies and general communication between Publisher and KIDOZ.

Keeping Publisher account credentials private is the sole responsibility of Publisher. From time to time, KIDOZ may require Publisher consent to new terms. Complying and approving those terms may be a condition for continued use of the Online Services. Failing to approve mandatory changes/updates may result in suspension of Online Services and/or termination of the agreement.

7. Licenses.

KIDOZ grants KIDOZ User and/or Publisher a worldwide, revocable, non-transferable, non-exclusive and non-sub licensable license during the Online Services Term to (a) integrate the KIDOZ SDK with Publisher’s Apps solely for internal use; (b) use, reproduce and distribute certain portions of the KIDOZ SDK as required by Publisher for the sole purpose of distribution of Publisher’s Apps and solely as enabled by and in accordance with the documentation provided by KIDOZ; (c) use the Online Services Interface solely for the purpose of transmitting Online Services requests and other required information and receiving Publisher Dashboard reporting data solely to the extent permitted hereunder. Except to the limited extent expressly provided in this Agreement, KIDOZ does not grant, and KIDOZ User and/or Publisher will not acquire any right, title or interest (including, without limitation, any implied license) in or to any KIDOZ intellectual property rights; and all rights not expressly granted herein are reserved to KIDOZ.
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Publisher grants to KIDOZ the limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the Term (as defined above) to: (i) sell (and have sold) Ad Spaces in Publisher Prepared Media; (ii) promote, market and report such Publisher Prepared Media to actual and prospective Advertisers; and (iii) display, or facilitate the display of Ads in the Publisher Prepared Media in response to ad request calls.

8. Fee and Payment.

In consideration of the sale of Ad Space from Publisher Prepared Media to Advertisers, KIDOZ shall be entitled to deduct a fee on the Net Revenues equal to the amount as agreed by Parties by this Agreement (the “Fee”).

Based on the report available to Publisher in the Publisher Dashboard within three (3) calendar days following the end of the month, KIDOZ shall pay to Publisher an amount equal to the Net Revenues generated during the previous month less the Fee (“the Revenue”). If there is a discrepancy of more than eight percent (8%) between Publisher’s impression counts and KIDOZ impression counts for a given month, the Parties will work together in good faith to resolve such discrepancy. If the discrepancy cannot be resolved within thirty (30) calendar days, the Parties shall share the amount of such discrepancy and both Publisher and KIDOZ may each immediately terminate this Agreement. Such payment shall occur no later than thirty (30) calendar days following the end of the month. The report made available to Publisher by KIDOZ shall indicate, at the minimum, the Net Revenues generated per country and the Revenue during the precedent month.

Payment will be made in US dollars. The Parties agree that KIDOZ obligation to pay the revenues referred to herein shall not be subject to KIDOZ receipt of funds from the applicable advertisers. In the event an advertiser does not pay KIDOZ, KIDOZ shall undertake all necessary actions to obtain payment from advertisers. Late payments will be subject to late fees at the rate of 3% per month, or if lower, the maximum rate allowed by law. KIDOZ may hold any payment until the cumulative amount owed to Publisher totals at least $100.

KIDOZ is responsible for paying all applicable sales, use or other taxes or duties, tariffs applicable to the provision and use of the Online Service except for taxes on Publisher’s net income. In the event that KIDOZ is obliged to withhold any tax from the payments arising out of this Agreement, KIDOZ shall provide prompt notice to Publisher of such fact in writing and provide Publisher with a treaty residency or any other document requested by Publisher to allow it to obtain a credit in respect of the amounts withheld.

9. Data Use.

KIDOZ may retain and use data and other information, subject to the stipulations of its Privacy Policy, and where applicable, any Data Processing Agreement entered into between the Parties, setting forth the Parties’ responsibilities and obligations regarding the Processing of Personal Data, and forming integral part of this Agreement.

10.  Confidentiality; Publicity.

Each party agrees not to disclose the other party’s Confidential Information without the other party’s prior written consent. “Confidential Information” includes without limitation: (a) all software, technology, programming, specifications, materials, guidelines and documentation relating to the KIDOZ Technology, including without limitation the Online Services, and including the existence and content of this Agreement and any information provided pursuant to the Agreement; (b) any statistics relating to the performance of the Online Services; (c) any other information designated in writing by either party as “Confidential” or an equivalent designation; and (d) information disclosed under circumstances that a reasonable person should know such information is confidential/proprietary. Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been (i) independently developed without access to the disclosing party’s Confidential Information as evidenced in writing; (ii) rightfully received by the receiving party from a third party; or (iii) required to be disclosed by law or by a governmental authority. Neither party will use the other party’s name and logo in any news release, public announcement, advertisement, or other form of publicity without the prior written consent of the other party (which includes email), except that either party may use the other party’s name and logo on such party’s website and in publicity that announces the parties are working together.

11.  Advertisements and Content Availability.

KIDOZ has the sole discretion in deciding what content and Ads are sent to be displayed in Publisher Prepared Content. Publisher may, when terms allow and capabilities are available, customize Publisher Prepared Content and advertisement preferences through Publisher account. KIDOZ cannot guarantee the availability of content and Ads regardless of whether Publisher has customized preferences or not and shall not be liable or responsible in those cases.
Publisher understands and accepts that when no advertisements are available, KIDOZ shall do its best to produce other content recommendations, including items that do not provide monetization.

12. Disclaimer.

KIDOZ does not represent or warrant that KIDOZ Technology is reliable, accurate, complete, or otherwise free from defects. Accordingly, the KIDOZ Technology is made available for use “as is”, and any use thereof will be undertaken solely at KIDOZ User and/or Publishers own risk. KIDOZ reserves the right, in its sole discretion, to include or cease providing the KIDOZ Technology at any time (subject to notice as may be required herein), and KIDOZ does not give or enter into any conditions, warranties or other terms with regard to the KIDOZ Technology. In particular, no condition, warranty or other term is given or entered into to the effect that the KIDOZ Technology will be of satisfactory quality, no infringement, or that the KIDOZ Technology will be fit for any particular purpose.

13. Limitation of Liability.

NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE ONLINE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY. In any event, KIDOZ total cumulative liability to KIDOZ User and/or Publisher for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed the net amount paid by Publisher to KIDOZ in the six-month period immediately preceding the date of the claim.

14. Representations and Warranties.

KIDOZ User and/or Publisher represents and warrants that they: (i) have and will maintain throughout the Online Services Term all end user consents and all rights, authorizations and licenses (including without limitation any copyright, trademark, patent, publicity or other rights) that are required with respect to Online Services Ads or Online Services Data to permit KIDOZ to perform the services contemplated under this Agreement (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Online Services Ads or Online Services Data); (ii) will not advertise anything illegal or engage in any illegal or fraudulent business practice; (iii) confirm all of the information provided by Publisher to KIDOZ to enroll in the Online Services is correct and current; (iv) have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of KIDOZ User and/or Publisher hereunder; and (v) have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation any relevant data protection or privacy laws) in performance of any acts hereunder. KIDOZ represents and warrants that: (i) it has the power and authority to grant the rights and perform the obligations to which it commits herein; (ii) KIDOZ SDK, which includes the SDK, any tags provided by KIDOZ, and the API (a) do not infringe any intellectual property rights, including but not limited to any patent, trademark, service mark, design, copyright (whatever the status of the foregoing elements, i.e. whether pending or registered), trade name, trade secret or any other right of any third party, and that KIDOZ shall hold Publisher harmless and free from any claim, demand or suit of actual infringement related thereto, and (b) does not distribute viruses or other malware; and that (iii) its Online Services Interface will not knowingly violate the intellectual property rights of any third party.

15. Indemnification.

KIDOZ User and/or Publisher agrees to defend, hold harmless and indemnify KIDOZ and its affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “KIDOZ Indemnitees”) from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) relating to or arising out of or from (a) KIDOZ User and/or Publisher’s use or inability to use the Online Services; (b) KIDOZ User and/or Publisher’s violation of any terms of this Agreement; or (c) KIDOZ User and/or Publisher’s violation of any applicable laws, rules or regulations.

KIDOZ agrees to defend, hold harmless and indemnify Publisher and its affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “Publisher Indemnitees”) from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) relating to or arising out of or from: (a) any third party claim arising out of or relating to any allegation that would constitute KIDOZ breach of one of its obligations and/or warranties of this Agreement and (b) any allegation that an Ad served by the Online Services on the Publisher Prepared Media infringes or violates the rights of any third party, is defamatory, libelous, obscene, deceptive or violates any applicable law; (c) KIDOZ violation of any terms of this Agreement; (d) KIDOZ violation of any applicable laws, rules or regulations.
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The indemnified Party will provide the indemnitor with prompt notice of any claim (provided that the failure to promptly notify shall only relieve indemnitor of its obligation to the extent it can demonstrate material prejudice from such failure) and at the indemnitor’s expense, provide assistance reasonably necessary to defend such claim.  The indemnitor will not enter into a settlement that would result in liability to the indemnified Party without the indemnified Party’s prior written consent, which shall not be unreasonably withheld or delayed.

16. Compliance with COPPA for Publishers.

Although KIDOZ invests great effort in certifying its Online Services as COPPA compliant and will do its best to update all partners in case of a change in this status, it is Publisher’s sole responsibility to ensure that Publisher Prepared Media are COPPA compliant prior to and post integration with the Online Services, if you wish to maintain COPPA compliance.
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Integration with our Online Services does not make your App COPPA compliant.

17. Accepted Applications.

KIDOZ reserves the exclusive right to deny KIDOZ User and/or Publisher or any Publisher Prepared Media from using or appearing on KIDOZ service, and to remove KIDOZ User and/or Publisher and any Publisher Prepared Media from KIDOZ network and to delete Publisher’s account without providing any cause, if deemed as inappropriate or in violation of any parts of this agreement upon written notice to Publisher.

18. Transmitted Information.

Any information sent from KIDOZ Technology, including Online Services, or KIDOZ to KIDOZ User and/or Publisher, such as Google Advertiser ID, personal user information or other, shall remain at KIDOZ User and/or Publisher’s sole discretion and may not be shared with third parties unless used for the sole purpose of Analytics and cannot be accessed by the third party.

19.  Additional Compliance.

20. Usage of the Online Services.

KIDOZ User and/or Publisher is obligated to use the Online Services as instructed in the appropriate sources.
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KIDOZ User and/or Publisher must provide End Users with sufficient value in Publisher Prepared Media beyond the content our Online Services provide.
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KIDOZ User and/or Publishers cannot display an overlay on the Online Services tools, content and creatives.
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KIDOZ User and/or Publishers cannot change, modify, edit, add, or remove any of the Online Services tools, content and creative.

21. Force Majeure.

21.1. “Force Majeure” means the occurrence of an event or circumstance that either prevents, impedes, delays or adversely affects a party from performing one or more of its contractual obligations under the Agreement (each of them, “impediment”), if and to the extent that that party proves: [a] that such impediment is beyond its reasonable control; and [b] that it could not reasonably have been foreseen at the time of the conclusion of the Agreement; and [c] that the effects of the impediment could not reasonably have been avoided or overcome by the affected party.
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21.2. The following events affecting a party shall be presumed to be impediments: (i) plague, epidemic, disease, natural disaster or extreme natural event; (ii) measures of any governmental authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition (iii) war, riots insurrection, act of terrorism, sabotage, piracy or the likes, currency and trade restriction, embargo (iv) explosion, fire, destruction of equipment, black-out, prolonged break-down of transport or delivery system, telecommunication, information system or energy.
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21.3. A party successfully invoking this Clause is relieved from its duty to perform its obligations under the Agreement and from any liability in damages or from any other contractual remedy for breach of the Agreement, from the time at which the impediment causes impediment, provided that a reasonable notice thereof with good faith estimation of the impact and duration of force majeure is given without delay. Such notice shall also clarify the circumstances and the ongoing actions to minimize the losses and solve the problem.
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21.4. Where the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment caused by force majeure exists. Unless otherwise agreed, the Agreement may be terminated by either party by means of a simple written notice if the duration of the impediment exceeds ninety (90) days.

22. Miscellaneous.

This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada without regard to the conflicts of laws and provisions thereof. Any claims, legal proceeding or litigation arising in connection with this Agreement will be brought solely in British Columbia, Canada, and you consent to the jurisdiction of such courts. Neither party’s waiver of any default is a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the party’s intention, and remaining provisions of the Agreement will remain in full effect. Parties may not assign any of their respective rights hereunder without the other Party’s written acceptance, and any such attempt is void (except to successors in the event of merger, acquisition or sale of all or substantially all of each Party’s assets). KIDOZ User and/or Publisher and KIDOZ are not legal partners or agents but are independent contractors. Notwithstanding termination of this Agreement, the terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder, shall survive and continue in effect.

23. Singular and Plural Terms.

Where the context of this Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular.

24. Contact.

If you have questions or wish to send us comments about these terms, please send an email with your questions or comments to:
support@kidoz.net.
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Please be assured that any personal information that you provide in communications to the above address will not be used to send you promotional materials, unless you so request.