© KidkeDoo Ltd.
Last updated on July 22, 2015
Contact us at firstname.lastname@example.org concerning anything you do not understand.
You may not use the Application(s) for commercial purposes or in any way that is unlawful, or harms Kidkedoo or any other person or entity.
2. User Information
3. Legal Use
You are solely responsible for your conduct through the Application(s) and agree that you will not violate any applicable laws or regulations, or promote or encourage any illegal activity.
4. Intellectual Property Information
“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, source code and other material and services that users can view on or access through the Application(s).
Content used or displayed on the Application (“Application Content”) is the property of KidkeDoo, its licensors or other third parties who own the Application Content, and is protected by certain local and international copyright, trademark, and other laws, unless in the public domain or otherwise made freely available by its owner.
Except for any rights specifically enumerated as being licensed to you hereunder, KidkeDoo reserves any and all of its rights to the Application Content. You are only permitted to use Application Content as expressly authorized by KidkeDoo or the specific Application Content provider.
4.2. Specific License and Restrictions
(2) Other than the rights expressly set forth in section 5.2(1) above, no other right or interest whatsoever in or relating to the Application(s) is transferred or granted to you. By use of the Application(s) you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Application(s) or Application Content in any way inconsistent with the rights of use provided by KidkeDoo herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of KidkeDoo; (iii) attempt to access source or object code of the Application(s); (iv) amend, change, modify (including the creation of any derivative or other works) the Application(s); (v) create code, software or other program that incorporates any elements of the Application(s) (vi) attempt to hack into, compromise or otherwise access the object or source code of the Application(s) for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Application(s) in any way.
4.3. Submission of Ideas
To the extent that you submit, via the Application(s) or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Application(s), you agree that such Ideas are non-confidential and non-proprietary, and KidkeDoo shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant KidkeDoo, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Application(s), or any KidkeDoo product or service, without compensation or accounting to you and without further recourse by you.
5. Charges and Billing
THE FEES OR CHARGES ARE FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE APLICATION(S) FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE. FOREGOING DOES NOT LIMIT OR RESTRICT YOUR RIGHT OF REFUND UNDER ANY OFFICIAL REFUND POLICY OF AN APP STORE WHERE THE APPLICATION(S) IS OFFERED.
6. Inappropriate Content
If you find any inappropriate Content on any of the Applications or during your use of the Content, KidkeDoo encourages you to report such inappropriate content to: email@example.com.
7. Disclaimer of Warranties; Limitation of Liability
Neither KidkeDoo nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “KidkeDoo Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Application(s) .
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION(S) IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE APPLICATION(S) WILL MEET YOUR REQUIREMENTS, (B) THE APPLICATION(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION(S) WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION(S) WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
KIDKEDOO IS NOT RESPONSIBLE FOR PROBLEMS ASSOCIATED WITH OR CAUSED BY INCOMPATIBLE OPERATING SYSTEMS OR EQUIPMENT OF YOU, OR FOR PROBLEMS IN THE INTERACTION OF THE APPLICATION(S) WITH SUCH OPERATING SYSTEMS OR EQUIPMENT, INCLUDING ANY KIND OF MOBILE DEVICE.
IN NO EVENT SHALL KIDKEDOO BE LIABLE FOR THE USE OR THE INABILITY TO USE THE APPLICATION(S).
KIDKEDOO MAKES NO COMMITMENT TO UPDATE ITS APPLICATION(S). THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE APPLICATION(S), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE KIDKEDOO PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE APPLICATION(S) OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KIDKEDOO IS TO STOP USING THE APPLICATION(S), AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE KIDKEDOO PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE KIDKEDOO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF THE KIDKEDOO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
KidkeDoo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with KidkeDoo in asserting any available defenses.
9. Termination, Suspension and Changes
13. Governing Law
14. Dispute Resolution
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any Dispute or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. KidkeDoo will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to KidkeDoo to the addresses listed below.
The parties agree that any arbitration shall be limited to the Dispute between you and KidkeDoo individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The provisions of this Section constitute an arbitration agreement under the Israeli Arbitration Law, 1968 (or any other similar law or statute in any other jurisdiction).
16. Entire Agreement
18. No waiver
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
19. Reservation of rights
All rights not expressly granted herein are reserved by KidkeDoo.
Effective Date: July 22, 2015