Terms and Conditions of Service

Effective August 1, 2018

Last Modified: August 1, 2018

IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF SERVICE.

 

BY ACCESSING A SERVICE PROVIDED BY KIDICTIVE INC., DOWNLOADING AN APPLICATION, OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT:  (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.

Contact us at home@kidictive.com concerning anything you do not understand.

 

IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT NOW AND DO NOT ACCESS OR USE KIDICTIVE INC.’S SERVICES.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SERVICE INCLUDING VISITING WWW.IAMKIDICTED.COM.

1. User’s Acknowledgment and Acceptance of Terms of Service

Kidictive Inc. (“Kidictive”) provides www.iamkidicted.com (the “Website”) and various related games, applications, features, content, plug-ins, widgets, downloads, or services (collectively the “Service”) to you, the user, subject to your compliance with these Terms of Service, as well as any other written agreement between us and you. These Terms of Service govern your and your children’s use of any online Service location (e.g., website or mobile app) that posts a link to these Terms of Service (including both mobile and online versions). These Terms of Service apply regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise, unless additional or different terms or written agreements are agreed to between us and you.  By using the Service, you acknowledge and accept the Service’s Privacy Policy (published at www.iamkidicted/privacy) and consent to the collection and use of your date in accordance with the Privacy Policy (published at www.iamkidicted.com/privacy).

 

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT WWW.IAMKIDICITED.COM/TERMS, AND AS INCORPORATING THE KIDICTIVE PRIVACY POLICY (PUBLISHED AT WWW.IAMKIDCTED.COM/PRIVACY) COMPRISE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KIDICTIVE.

 

Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications.  Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward.  Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.

You may not use the Service for commercial purposes or in any way that is unlawful, or harms KIDICTIVE or any other person or entity.

2. User Information

 

KIDICTIVE’S collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the KIDICTIVE Privacy Policy (published at www.iamkidicted.com/privacy), which is incorporated by reference and made a part of these Terms of Service.

3. User Account

 

YOU ACKNOWLEDGE AND AGREE THAT SHOULD KIDICTIVE PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KIDICTIVE.  KIDICTIVE does not recognize the transfer of any account or user profile.  Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of KIDICTIVE.  Any attempt to do so shall be void and of no effect.

4. Conduct Through the Service

 

You are solely responsible for your conduct through the Service and agree that you will not:

 

4.1       Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:

  • pyramid schemes, chain letters, junk email, spam, or unsolicited messages;

  • material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by KIDICTIVE in its sole discretion;

  • material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;

  • files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website, Service, other users’ access to the Website or Service and/or other users’ computers.

4.2       Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.

 

4.3       Violate any applicable laws or regulations, or promote or encourage any illegal activity.

 

4.4       Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a KIDICTIVE representative.

 

4.5       Gain or attempt to gain unauthorized access to the Service, Website, to other users’ account or profile information, or to computer systems and/or networks connected to the Service or Website.

 

4.6       Make false reports through the Service or to KIDCTIVE’S administrators.

 

4.7       Take any action that imposes or may impose (as determined by KIDICTIVE in its sole discretion) an unreasonable or disproportionately large load on KIDICTIVE’s (or its Affiliates’ or third party providers’) infrastructure.

 

4.8       Engage in fraudulent transactions.

 

4.9       Establish more than one account to participate in Service.

 

4.10     Use the service for any form of wagering or gambling.

5.  Intellectual Property Information

 

5.1 Content

 

Content. The Service contains a variety of content including, without limitation: (i) information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service;  (ii) trademarks, logos, trade names, service marks, and trade identities of KIDICTIVE; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).  This includes support forums, message boards, chat, and other original content.

 

Ownership.  The Service (including past, present, and future versions) and the Content are owned or controlled by KIDICTIVE and our licensors and certain other third parties.  All right, title, and interest in and to the Content available via the Service is the property of KIDICTIVE or our licensors or certain other third parties, and is protected by Canadian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  KIDICTIVE owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  You are only permitted to use the Content as expressly authorized by KIDICTIVE or the specific Content provider, and only through the functionality of the Service.

 

Limited License.  Subject to your strict compliance with these Terms and any applicable additional terms that may be included on the Website, KIDICTIVE grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only for video content), display, view, use, and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Service on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and (ii) to use certain Content that we may from time to time make available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, KIDICTIVE’S sole discretion, and without advance notice or liability; and (iii) does not permit you to use any Content outside the functionality of the Services (e.g., if the Service permits you to create a video using Content on the Service, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Service).

 

Reservation of All Rights Not Granted As To Content and Service.  These Terms and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Service and to use and access the Service solely as permitted herein.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by KIDICTIVE and its licensors and other third parties.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

 

5.2 Restrictions

 

By use of the Service 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 Website, Service or Content in any way inconsistent with the rights of use provided by KIDICTIVE herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of KIDICTIVE; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.

 

5.3 Submission of Ideas

 

To the extent that you submit, via the Service 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 Service, you agree that such Ideas are non-confidential and non-proprietary, and KIDICITIVE shall not be liable for the disclosure of such Ideas.  You hereby grant and agree to grant KIDICTIVE, 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 Service, or any KIDICTIVE product or service, without compensation or accounting to you and without further recourse by you.

6. Charges and Billing

 

6.1 Paid License

 

The Service is an online system that may allow parent-authorized purchases funded by a credit card or other payment method from participating merchants using the Service.  By using the Service, you acknowledge and accept the Service’s Privacy Policy (published at www.iamkidicted.com/privacy) and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.iamkidicted.com/privacy). To the extent that KIDICTIVE establishes aspects of the Service are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.iamkidicited.com.  THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICE FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.

 

6.2 Fees

 

You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable.  You acknowledge that KIDICTIVE may utilize certain third-party providers to collect or otherwise process any such fees and charges.  Any additional, separate charges or obligations you directly incur with said third-party are your responsibility.  KIDICTIVE MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY.  Unless otherwise indicated, all prices are in Canadian dollars and do not include Internet service provider, telephone, and other connection charges.

7. Third Party Websites and Information

 

The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties.  These other websites and parties are not under KIDICTIVE’S control, and you acknowledge that KIDICTIVE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is KIDICTIVE responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

8. Account Termination

 

Please be aware that it is KIDICTIVE’S policy to terminate the user accounts of repeat infringers.  If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to KIDICTIVE that the user is a repeat infringer.

If you provide false information to KIDICTIVE regarding any of the above notifications, counter-notifications or repeat infringer notifications, KIDICTIVE may immediately terminate your user account and you may be subject to legal and equitable remedies.

9. Disclaimer of Warranties; Limitation of Liability

Neither KIDICTIVE nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “KIDICTIVE 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 Service.

 

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE 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 SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

KIDICTIVE MAKES NO COMMITMENT TO UPDATE ITS SERVICES.  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 WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

 

YOU ACKNOWLEDGE AND AGREE THAT THE KIDICTIVE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS.  YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KIDICTIVE IS TO STOP USING THE SERVICE, AND TO DELETE ANY DOWNLOADED APPLICATION(S).  IN NO CASE SHALL ANY LIABILITY OF THE KIDICTIVE 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 KIDICTIVE 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 KIDICITVE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

 

You agree to defend, indemnify, and hold KIDICTIVE and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Service, or those of any child authorized by you; (b) any violation of these Terms of Service by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.  KIDICTIVE 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 KIDICTIVE in asserting any available defenses.

11. Service Termination, Suspension and Changes

 

KIDICTIVE reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Service at any time, for any reason or no reason, with or without notice to you.  ADDITIONALLY, KIDICTIVE MAY terminate AND/OR suspend your USE OF THE SERVICE FOR violation of these terms of service or VIOLATION OF any other policy related to SERVICE (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICE).  Without limiting the foregoing, your access to the Service may be terminated without warning if KIDICTIVE believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent’s or guardian’s permission to register for and/or access the Service.  You agree that KIDICTIVE shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO KIDICTIVE.

 

12. Survivability of Terms

 

The Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party.  You retain full discretion to end or terminate and discontinue use of the Service at any time, pursuant to the terms of this Terms of Service. 

13. Assignment

 

KIDICTIVE may assign these Terms of Service, in whole or in part, at any time.  Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without KIDICTIVE’S express prior written consent.

14. Governing Law

 

The Service (excluding any linked websites) is governed by the laws of Canada.  You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Service.  Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Notices

 

All notices to a party shall be in writing and shall be made either via email or conventional mail.  The parties agree that all correspondence relating to this Agreement shall be written in the English language.  Notices to KIDICTIVE must be sent to the attention of Customer Service at home@kidictive.com, if by email, or to KIDICTIVE at the address below if by conventional mail.  Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any.  In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

You may contact KIDICTIVE at the following address:

1177 Ballantry Rd.

Oakville, Ontario

L6H5N1

16. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between KIDICTIVE concerning the subject matter of the Terms of Service and supersedes all prior agreements and understandings of the parties with respect to that subject matter.  These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and KIDICTIVE.  To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

17. Severability

 

If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

18. Miscellaneous

 

Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by KIDICTIVE with respect to such use.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.