Terms of Service
Welcome to Kinderbook! We're glad you want to use our service for children's electronic Books. Since we want to protect your rights and those of any other user or third party who interacts with us, we created these Terms of Service ("Terms"). By accessing or using the Kinderbook applications, website, services, software, and/or content made available by Kinderbook. ("the Kinderbook", "we", and "us"), you agree to these Terms. If you don't agree to these Terms, do not access or use the Kinderbook Service.
1. You and Your Account
By registering for the Kinderbook Service you affirm that you are (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
We may provide you with a unique ID and ability to select an Kinderbook avatar ("Avatar") to represent your account within the Kinderbook Service. If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person's rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the Kinderbook Service. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR Kinderbook ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
Your use of the Kinderbook is subject to all applicable technical and non- technical specifications, guidelines and policies which we may provide from time to time including but not limited to the Kinderbook Privacy Policy (hereinafter collectively referred to as "the Policies") you agree and undertake to comply with the Policies.
2. Our License to You
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Kinderbook on a single mobile device solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the Kinderbook. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.
3. Your Conduct
We would like to keep the Kinderbook as safe as possible for our users but need your help to do so. Accordingly, you agree not to use the Kinderbook to: (i) violate any local, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on the Kinderbook; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or Submissions of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt the Kinderbook Service or servers or networks connected to the Kinderbook, or disobey any requirements, procedures, policies, or regulations of networks connected to the Kinderbook; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," etc., that accesses the Kinderbook Service in a manner that sends more request messages to the Kinderbook servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
4. Ownership; Restrictions On Use
All right, title, and interest in and to the Kinderbook site and services are and will remain the exclusive property of Kinderbook and its licensors. The content on the Kinderbook, including without limitation, books, text, software, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the "Kinderbook" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the Kinderbook that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Kinderbook and are subject to copyright, trademark, and other intellectual property rights under international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Kinderbook or any portion of the Kinderbook, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us and our applicable licensors. You also agree to view Content (including books) only in geographic locations where we offer the Kinderbook service and have licensed such Content. The Kinderbook service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
5. Content Availability
The Kinderbook Service provides its users with access to books uploaded to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the Kinderbook.
6. Termination
Your right to use the Kinderbook Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Kinderbook. We reserve the right, in our sole discretion, to terminate your access to all or part of the Kinderbook, for any reason, with or without notice.
7. Links or Third Party Applications
For parents or educators, the Kinderbook may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the Kinderbook. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE Kinderbook IS AT YOUR SOLE RISK. THE Kinderbook IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Kinderbook AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE Kinderbook SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Kinderbook or the content of any websites linked to the Kinderbook and assume 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 or use of the Kinderbook; (iii) any unauthorized access to or use of our 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 Kinderbook Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Kinderbook by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the Kinderbook.
9. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Kinderbook CREATIONS, INC. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE Kinderbook.
10. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Kinderbook may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Kinderbook, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your submissions, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Kinderbook; (b) your (or anyone using your account's) use of the Kinderbook; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Kinderbook 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 Kinderbook in asserting any available defenses.
12. Communications
By using the Kinderbook, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
13. Additional Terms for Apple iOS Applications
The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device obtained by you from the iTunes Store ("iOS App"). You agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for our iOS App or any Content. You agree that your use of our iOS App will be subject to the Usage Rules in Apple's then-current App Store Terms of Service. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our iOS App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to our iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You agree that we, and not Apple, are responsible for addressing any claims of you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the software. You agree that, in the event of any third party claim that our iOS App or your possession and use of that iOS App infringes such third party's intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement and discharge of such claim. The parties agree that Apple and its subsidiaries are third party beneficiaries to the Terms applicable to your use of our iOS App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms applicable to your use of our iOS App against you as a third party beneficiary thereof.
14. Miscellaneous
These Terms, together with any other rules or guidelines posted in connection with the Kinderbook constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Kinderbook Service. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to the Kinderbook Service is ps@kinderbook.org
15. Modifications
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the Kinderbook, or email you. Your continued use of the Kinderbook constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the Kinderbook.
Last updated: June 1, 2015.