Terms Of Service

Effective date: October 1, 2015


1. Terms of Service

Thank you for you interest in KINDERPEDIA! We're glad you're here and we hope you enjoy using our platform. There are some rules you need to agree to before you use our websites and services ("Services"). When we use the word "Services”, we mean not only the KINDERPEDIA website, but also all the other websites, products and services that “COMPANY” may provide now or in the future (for example, the KINDERPEDIA Android app available via the Google Play Store, and the KINDERPEDIA iPhone and iPad apps available at the Apple App Store).

These Terms apply to all users of the “Services”, including, without limitation, users who are contributors of content, information, and other materials or services on KINDERPEDIA, individual users of the “Services”, venues that access the “Services”, and users that have a page on the “Services”.

When using the “Services”, you will also be subject to the KINDERPEDIA Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the KINDERPEDIA Website or KINDERPEDIA Apps, which may be posted from time to time (collectively the “Guidelines”).

We have made our full Privacy Policy available here and you should read it thoroughly if you have any concerns in this area. Teachers and other kindergartens or school personnel who opt to use the “Services” are solely responsible for (a) obtaining any necessary consents or approvals, whether from parents, the kindergarten, the school or any other person or entity, and (b) ensuring their use of the “Services” (i.e. the content they provide) complies with all applicable laws, regulations, guidelines and policies.

 

This is a contract, right?

Yes! That’s right! This “Platform” (referred to as “KINDERPEDIA” herein) is owned and operated by OneTouch Advertising Grup, (referred to as “COMPANY” herein). These Terms of Service, including any other Guidelines and future modifications (collectively, the “Agreement”) govern your use of the Services and is a legal contract between you and COMPANY ("COMPANY", and sometimes, when we're feeling especially friendly, "we" and "us"). By registering for an account on, or otherwise accessing or using the KINDERPEDIA Services, you acknowledge that you have read and agreed to be bound by this Agreement. If you are using the Services on behalf of an institution that has a separate written agreement with COMPANY, that agreement governs your use of the Services, provided that the contract refers specifically to these services.

If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Services.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.

Our Services are constantly changing, to keep up with the dynamic needs of kindergartens and schools everywhere - so, these Terms might need to change, too. If they do change, we will do our best to tell you in advance by placing a notification on the KINDERPEDIA website, or we might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you advance notice. Changes to the Privacy Policy will be provided in advance, as described here.

If you don't like the new Terms, you are free to reject them - unfortunately, that means you won't be able to use the Services anymore. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.


2. Using the services

First, you have to sign up for an account, and select a password and User ID (User ID = Your Valid Email Address). Also, if you are a kindergarten or school, you may be permitted to register a kindergarten or school "subdomain" within KINDERPEDIA (an "Kinderpedia Subdomain"). You promise to provide us with accurate, complete, and updated registration information about yourself. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your KINDERPEDIA account.

KINDERPEDIA reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your KINDERPEDIA password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify KINDERPEIDA in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

The Platform and its contents may only be accessed for personal use. No material from KINDERPEDIA or any web site owned, operated, licensed or controlled by KINDERPEDIA may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of KINDERPEDIA's copyright and other proprietary rights.

For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to KINDERPEDIA or other respective owners which have granted KINDERPEDIA the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.

While KINDERPEDIA uses reasonable efforts to include accurate and up-to-date information on the Site, KINDERPEDIA makes no warranties or representations as to its accuracy. KINDERPEDIA assumes no liability or responsibility for any errors or representations in the content of this Site.

KINDERPEDIA has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily or involuntarily made public through the Site. While Kinderpedia takes all necessary cautions to prevent unauthorized access to the accounts and secure the virtual space of interaction within the platform, we may take no responsibility for information shared voluntarily between users: kindergarten owners, parents and tutors/ teachers.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by KINDERPEIDA on the Services are subject to change. In consideration for KINDERPEDIA granting you access to and use of the Services, you agree that KINDERPEDIA and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You can stop using our Services at any time, although we’ll be sorry to see you go.

 

3. Privacy

Your privacy is very important to us. We designed our Privacy Policy , which explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that KINDERPEDIA can use such data in accordance with our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your KINDERPEDIA account, which you may not be able to opt-out from receiving. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions. 

We've included some information below related to the Children's Online Privacy and Protection Act ("COPPA"), because we get a lot of questions about that:

COPPA requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that child's kindergarten, school, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a child under 13, please do not send any personal information about yourself to us if your kindergarten, school, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a child under 13 without parental consent being obtained by his or her kindergarten, school, and/or teacher, or if we learn a child under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at info@kinderpedia.co.

For Teachers/School Administrators: if you are a teacher, aide, or other similar personnel accessing the Services on behalf of a kindergarten, school, or other similar educational institution (the "Institution"), the following terms apply to you:

  • You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Services as part of your curriculum.
  • You represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. You are responsible for understanding how any Publisher Software (defined and described below) that you install on behalf of yourself or other users may collect and use information of users of Kinderpedia's Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy; you can find a sample permission slip here. You must keep all consents on file and provide them to us if we request them. For more information on COPPA, please click here.
  • Only teachers and staff members who are current employees of the Institution may use the Services on the Institution’s behalf. Upon termination of a teacher or other staff member's employment with the Institution, such individual must return and cease using all login details and parent access he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify KINDERPEDIA immediately.

Parents: if you are a parent of a child that has been invited to create an account on the Services then the following terms apply to you:

  • If your child is under the age of 13, Consent must be given in order for a child to use certain features of a KINDERPEDIA account. If you are the parent or legal guardian of a child who has created an account with us and you did not receive an email seeking your Consent, you can email us at privacy@kinderpedia.co to have that child’s account deleted. Information collected from children (including personal information and information collected automatically) is never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.
  • You further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

 

4. Your Content and Information on Services

All Content and materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content and so forth are protected by copyright and other intellectual property laws. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will COMPANY be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

When you publish content or information using the Public setting, it means that you are allowing everyone, including staff of KINDERPEDIA, to access and use that information, and to associate it with you (i.e., your name and profile picture).

In the course of using the Service, you and other users may provide or post certain content or information which may be used by KINDERPEDIA in connection with the Services and which may be visible to certain other users (“User Submissions”). Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide.

Note, however, that any User Submissions that may be in or related to messages sent through KINDERPEDIA CHAT SYSTEM may be kept after you delete your account. Please see our deletion FAQs for more information.

You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us.

When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer.

When you delete your KINDERPEDIA account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from KINDERPEDIA's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time (but will not be available to others). You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions.

Our automated systems analyze your User Submissions (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify KINDERPEDIA and its affiliates from any claims resulting from any content or materials you provide hereunder.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content or in a way that violates someone else's (including KINDERPEDIA's) rights. For example, if someone shares a really creative lesson plan with you on KINDERPEDIA, that doesn't mean you can print it out and start distributing it to other people - unless the owner specifically told you in writing that you could.

You understand that COMPANY owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.

Finally, you understand and agree that COMPANY, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.

The COMPANY shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Services.

We always appreciate your feedback or other suggestions about KINDERPEDIA, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

5. European Convention on Human Rights (ECHR)

Certain information that may be provided to KINDERPEDIA by teachers, teacher aides, or other personnel at an Institution (“School Official”) that is directly related to a child or a student and maintained by an Institution, may be considered an education record. Additionally, certain information, provided to KINDERPEDIA by School Officials about a child, such as child name and grade level, may be considered directory information and thus not an Education Record. A kindergarten or school may not generally disclose personally identifiable information from an eligible child’s education records to a third party without written consent of the parent.

KINDERPEDIA will never share Education Records with third parties except as directed by a KINDERPEDIA user (i.e., teacher sharing with another teacher or parent); or to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. A list of our current essential service providers is located here. Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally targeted advertising to children or parents. Additionally, information collected directly from a parent using KINDERPEDIA is never used or disclosed for third party advertising, or any kind of first- or third-party behaviorally-targeted advertising, and personal information collected from a child is never sold or rented to anyone. This section shall not be construed (i) to prohibit KINDERPEDIA from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviorally targeted advertising or (ii) to limit the ability of KINDERPEDIA to use child’s information or Educational Records for adaptive learning or customized child learning purposes.

KINDERPEDIA may use Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. KINDERPEDIA agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

 

6. Registration, Account Security and Safety

You may browse the Site and view SOME Content without registering, but as a condition to using certain aspects of the Services, you are required to register with KINDERPEDIA and represent, warrant, and covenant that you provide KINDERPEDIA with accurate, truthful, and complete registration information (including, but not limited to your name, e-mail address, and a password you will use to access the Services) and to keep your registration information accurate and up-to-date.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. KINDERPEDIA recommends you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. KINDERPEDIA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

We do our best to keep KINDERPEDIA safe, but we cannot guarantee it.

We need your help to keep KINDERPEDIA safe, which includes the following commitments by you when using our Service:

  • You will not provide any false personal information to KINDERPEDIA (including a false User ID) or create any account for anyone other than yourself without such person’s permission;
  • You will not use a Name, Teacher or Kindergarten Name that is the name of another person or institution with the intent to impersonate that person or that institution;
  • You will not use a Name or a User ID account that is subject to any rights of a person other than you without appropriate authorization;
  • You will not use a Name or a User ID that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
  • You will not select for your KINDERPEDIA User ID an email that you don't have the rights to use or another person's email with the intent to impersonate that person
  • You will not select an KINDERPEDIA Subdomain name that you don't have the right to use
  • You will not use your kindergarten timeline primarily for your own commercial gain, and will use a Kindergarten Page or subdomain for such purposes.
  • You will not use KINDERPEDIA if you are under 13.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password (or in the case of parents, your child’s transfer code), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including kindergarten’s page or subdomain you administer) to anyone without first getting our written permission.
  • You will only use the Services as permitted by law?, including applicable export or re-export control laws and regulations.
  • You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
  • You will not transmit to KINDERPEDIA or upload to this Site any Harmful Code, viruses or other malicious code, files or programs for any reason or for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
  • You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
  • You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
  • You will not bully, intimidate, or harass any user or use the Services in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
  • You will not post content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not impersonate a KINDERPEDIA employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • You will not facilitate or encourage any violations of this Agreement or our policies.

In certain situations, your KINDERPEDIA User ID may be selected for you by your kindergarten or school; the same rules apply to them when they select an KINDERPEDIA User ID for you.

Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your KINDERPEDIA account.

 

7. Amendments. Change of Services or Agreement

KINDERPEDIA is a dynamic management and communication tool, so the Services will change over time. We may change, suspend, or discontinue, temporarily or permanently, any part of the Services with or without notice, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly.

We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

We’ll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Services after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Services or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.

 

8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis.

You acknowledge that KINDERPEDIA has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

The Site allows the arrangement of physical meetings, activities and event(s) at venues that include, but are not limited to, public areas, private homes or private retail facilities. KINDERPEDIA does not supervise these meetings, activities or event(s) and is not involved in any way with the actions of any individuals at these meetings, activities or event(s). Therefore, KINDERPEDIA has no control over the identity or actions of the individuals who are present at these meetings, activities or event(s), and KINDERPEDIA suggests that you use caution and sound judgment when attending these meetings, activities and event(s).

You acknowledge and agree that your participation in any event(s) scheduled using the Site or in any other way connected with the Site is fully at your own. You further acknowledge and agree that any activity you participate in during the event(s) shall be purely voluntary and conducted at your own choice. You hereby assume all risks associated with any activities, including all risks of personal injury or property damage to yourself or others.

You release KINDERPEDIA from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. KINDERPEDIA does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.

KINDERPEDIA will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that KINDERPEDIA has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from KINDERPEDIA or through the Services, will create any warranty not expressly made herein.

THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

KINDERPEDIA will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on KINDERPEDIA’s equipment, transmitted over networks accessed by or otherwise connected.

UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL KINDERPEDIA OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST OF COVER, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES (EVEN IF KINDERPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WE TRY TO KEEP KINDERPEDIA UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT KINDERPEDIA WILL BE SAFE OR SECURE. KINDERPEDIA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IN NO EVENT WILL KINDERPEDIA OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF THE AMOUNTS PAID BY YOU TO KINDERPEDIA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR ONE HUNDRED EURO (100€).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.

 

9. Payments

Billing. The Services are available under subscription plans of various durations. Payments for subscription plans can be made also by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free, by opting out of the service and its automatic renewal system. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not opted out of the service or made the desired changes to the payment details, you will be presumed to have authorized KINDERPEDIA to charge the subscription fee to the Credit Card last used by you.

KINDERPEDIA may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.

Downgrades. Your KINDERPEDIA Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time or if we cannot process de payment via Credit Card within 15 days or within 3 attempts, we reserve the right to downgrade your account to a free plan. The upgrade to the Paid Account, once it has been downgraded due to the impossibility to process the payment, may only be performed individually by its Beneficiary, following the same procedure as the first time.

Changes. From time to time, we may change the price of any Services or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Services unless you have opted for a paid subscription plan.

If we increase our prices for your Services plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount.

 

10. Refund Policy

At KINDERPEDIA we strive to create quality software that you enjoy using for your kindergarten, school or for your own purpose.

Monthly Subscriptions. If at anytime during your first month using our Services you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs.  If you are not satisfied, we will offer you a FULL OR PARTIAL REFUND for your purchase, and downgrade your account to the free plan for that service. 

Annual Subscriptions. KINDERPEDIA doesn't force you into an annual subscription as a condition to use our services. We prefer to give you the flexibility to choose. In exchange for you signing up for an annual up-front commitment, we offer you a significant discount over the already-low monthly subscription cost.  If ,at anytime during your first 30 days using our Services, you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan.

We want you to be happy with our Services throughout your entire contract, not only the first 30 days. So we go beyond that. If at anytime during your contract we remove, break or discontinue functionality that was available at the time you signed up for your contract, we ask you to notify us immediately. If we fail to address it on a timely manner to your entire satisfaction, we will offer you a PRO-RATED â€‹REFUND for the reminder of your contract. 

Auto-Renewal. For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. After each renewal we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount.

We are aware that sometimes customers forget to cancel an account they no longer want or need until it is has already been charged. That's why you are allowed to cancel your monthly/annual subscription up to 3 (three) business days after receiving the receipt, and we will still process your cancellation and give you a FULL REFUND. 

 

11. Copyright Protection

KINDERPEDIA respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

Online service providers like KINDERPEDIA can remove material that they believe in good faith violates someone's copyright.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, KINDERPEDIA will also terminate a user’s account if the user is determined to be a repeat infringer.

KINDERPEDIA, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.

 

12. Links. Third Parties and User Interactions

The Site may contain links to other sites on the Internet, which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that KINDERPEDIA is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

KINDERPEDIA has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites, or which other users post to or through the Services.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that KINDERPEDIA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

KINDERPEDIA is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

 

13. Social Media

KINDERPEDIA may, now or in the future, incorporate certain functions that allow you to interact with the Services through your accounts on certain supported third party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant KINDERPEDIA permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third party terms.

 

14. Indemnity

You will indemnify, defend, and hold KINDERPEDIA, its parents, partners, subsidiaries, affiliates, officers, directors, agents, joint ventures and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of:

  • your use of the Services (including any actions taken by a third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions)
  • your violation of this Terms of Service (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations)

In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

 

15. Termination

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Services or you may also delete your account at any time by contacting us at privacy@kinderpedia.co– parents, you can also terminate your child’s account the same way, although we will need to verify your identity (such as requiring that you send the request to us from the same email address you used to provide your consent to activate the student account originally). Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of KINDERPEDIA Services to you at anytime.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you (by email or at the next time you attempt to access your account) prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone's safety or security to do so.

Upon termination of your account, your right to use the Services will immediately cease.

If you have deleted your account by mistake, contact us immediately at support@kinderpedia.co - we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

16. Assignment. Transferability

You may not assign, delegate, or transfer any of your rights or obligations under this Agreement to anyone else without our consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with merger, acquisition, or sale of assets, or by operation of law or otherwise. This Agreement does not confer any third party beneficiary rights.

 

17. Disputes. Arbitration

If anyone brings a claim against us related to your actions, content or information on KINDERPEDIA, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control our direct users' actions on KINDERPEDIA and are not responsible for the content or information users transmit or share on KINDERPEDIA. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on KINDERPEDIA. We are not responsible for the conduct, whether online or offline, of any user of KINDERPEDIA.

In the interest of resolving disputes between you and KINDERPEDIA in the most expedient and cost effective manner, you and KINDERPEDIA agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service.

 

18. Miscellaneous

  1. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
  2. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
  3. If we fail to enforce any of this Agreement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Agreement must be made in writing and signed by one of the COMPANY’S legal representatives.
  5. Nothing in this Agreement shall prevent us from complying with the law.
  6. This Agreement does not confer any third party beneficiary rights.
  7. We reserve all rights not expressly granted to you.
  8. You will comply with all applicable laws when using or accessing KINDERPEDIA.
  9. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind KINDERPEDIA in any respect whatsoever. Except as expressly set forth in the Apple Application Terms, you and KINDERPEDIA agree there are no third party beneficiaries intended under this Agreement.
  10. You and KINDERPEDIA agree that these Terms are the complete and exclusive statement of the mutual understanding between you and KINDERPEDIA, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein).