The KIDOZ website is intended as a general audience website that enables visitors to learn more about KIDOZ and KIDOZ products, and mobile technology, apps, games and other content for families and to download our KIDOZ mobile Safe Play Mode app and/or our PC kid safe environment. Our downloadable PC and mobile applications (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. Our SDK is designed as a tool for developers to monetize their apps.
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.
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.
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:
- 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;
- 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;
- 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”);
- 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
- 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:
- You will follow these Terms and all applicable laws;
- You will never give your password to anyone;
- You will not harass, threaten or abuse other people when using the Services in any manner;
- You will not interfere with others’ use of the Services or act in a way that negatively affects other users’ enjoyment of the Services;
- 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;
- 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;
- 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.
- You will not attempt to harvest any user names or email addresses from the Services for any purpose;
- You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;
- 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;
- You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
- 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);
- 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
- 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.
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
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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit KIDOZ to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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: email@example.com 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 firstname.lastname@example.org. 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:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where KIDOZ is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided KIDOZ with notification or an agent of such a person.
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.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
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.
GOVERNING LAW & JURISDICTION
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.