- Use of the Service.
KiddyLearn grants you a non-exclusive, non-transferable license to access to the Service and to access the Content (as defined below) according to the Terms.
- Provision of Service by KiddyLearn.
KiddyLearn is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which KiddyLearn provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that KiddyLearn may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at KiddyLearn's sole discretion, without prior notice to you.
- Use of Service by you.
In order to access the Service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to KiddyLearn will always be accurate, correct and up to date. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service.) Unless you have been specifically permitted to do so in separate agreement with KiddyLearn, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you are solely responsible for (and that KiddyLearn has no responsibility to you or to any third party for) any breach of your obligations under the Terms and the consequences (including any loss or damage which KiddyLearn may suffer) of any breach.
- Privacy and your personal information.
Passwords and Account Access.
You are responsible for maintaining the confidentiality of your password and Account information. You agree that (a) you will provide accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date, and (b) each Account administrator is solely responsible for all activities that occur under his/her Account. You agree to notify us immediately of any unauthorized Account use. We are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password. You will not sell, transfer, or assign your Account or any Account rights.
For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. We may change any fee or charge at any time at our discretion. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Site for free or at special discounted prices. If you sign up for a trial use, your rights to use the Site are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
Authorization to Charge for Services.
You must either use a credit card or other payment mechanism accepted by us (e.g., Paypal) to activate and maintain a paid Account. You authorize us to charge you through the payment mechanism that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Site. If we do not receive payment from your credit card issuer, or other payment mechanism that you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the credit card or other payment mechanism provided initially be declined for insufficient funds or for any other reason, we reserve the right to charge the credit card or other payment mechanism in installments, at the non-promotional/non-discounted rate in effect at that time, for the duration of the Account subscription you have selected. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
For paid Accounts we will renew your Account automatically unless you cancel your Account prior to its renewal date. We will charge your credit card (or the other method of payment initially used by you) each year, month or other applicable period (depending on the term that you selected) for the then-current applicable price.
To avoid future billing if you subscribed to the Site through your desktop or laptop computer you may cancel your Account to the Site prior to its renewal date through the My Account area in the My Subscription Section. You will continue to have access to your Account for the period of time that has already been prepaid, calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. There will be no additional billing or charges from the date of cancellation. Please note, we do not provide full or partial refunds for prepaid sums. Feel free to continue to use the Site throughout the remainder of the subscription period for which you have already paid.
- Content in the Service.
KiddyLearn allows you to access and view a variety of content provided by KiddyLearn, its licensors, and its users (the "Content"). You agree to the following:
- Content are provided for planning purposes only. You should exercise judgment in your use of this Content.
- Certain Content is provided under license from third parties and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this Content.
- Restrictions on Use.
Unless you have received prior written authorization from KiddyLearn (or, as applicable, from the provider of particular Content), you must not:
- access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means KiddyLearn may designate;
- copy, translate, modify, or make derivative works of the Content or any part thereof;
- redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Service or Content available to third parties;
- reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
- use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content; or
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content.
- Appropriate Conduct; Compliance with Law and KiddyLearn's Policies.
You agree that you are responsible for your own conduct and content while using the Service, and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines KiddyLearn may make available. By way of example, and not as a limitation, you agree that when using the Service or the Content, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
- upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
- upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
- upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Service policies or guidelines;
- download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
- restrict or inhibit any other user from using and enjoying the Service;
- interfere with or disrupt the Service or servers or networks connected to KiddyLearn, or disobey any requirements, procedures, policies or regulations of networks connected to KiddyLearn;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or Content, or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by KiddyLearn;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities;
- promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
KIDDYLEARN AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (a)THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE SERVICE; (b)YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (c)YOUR USE OF THE SERVICE WILL BE UNINTERUPPTED, TIMELY, SECURE OR FREE FROM ERROR THAT DEFECTS IN THE OPERATION FOR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
KIDDYLEARN AND ITS LICENSORS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE SERVICE. KIDDYLEARN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY.
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIDDYLEARN AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR :
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF : (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING. OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (II) ANY CHANGES WHICH KIDDYLEARN MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (III) THE DELETION OF , CORRUPTION OR, FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (IV) YOUR FAILURE TO PROVIDE KIDDYLEARN WITH ACCURATE INFORMATION; (V) YOUR FAILURE TOKEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON KIDDYLEARN'S LIABILITY TO YOU IN PARAGRAPH 9 ABOVE SHALL APPLY WHETHER OR NOT KIDDYLEARN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Ending of Relationship with KiddyLearn.
The Terms will continue to apply until terminated by KiddyLearn as set out herein. KiddyLearn may at any time, terminate its agreement with you if : (A) you have breached any provisions of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) KiddyLearn is required to do so by law; or (C) the partner with whom KiddyLearn offered the Service to you has terminated its relationship with KiddyLearn or ceased to offer the Service to you; or (D) KiddyLearn is transitioning to no longer providing the Service to users; or (E) the provision of the Service to you by KiddyLearn is, in KiddyLearn's opinion, no longer commercially viable.
- Proprietary Rights.
You acknowledge and agree that KiddyLearn, or their licensors own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by KiddyLearn and that you shall not disclose such information without KiddyLearn's prior written consent.
- Changes to the Terms.
KiddyLearn may make changes to these Terms from time to time. When these changes are made, KiddyLearn will make a new copy of the Terms available at http://www.kiddylearn.com. You understand and agree that if you use the Service after the date on which the Terms have changed, KiddyLearn will treat your use as acceptance of the updated Terms.
- The Terms constitute the whole legal agreement between you and KiddyLearn and govern your use of the Service.