User agreement for Kidsbond
Kidsbond User Agreement
Effective November 13, 2021.
Kidsbond powers hundreds of thousands of distinct online communities. This User Agreement and your conduct make that possible.
Kidsbond User Agreement if you live outside the EEA, United Kingdom, or Switzerland, including if you live in the United States
Hello, Kidsbondors and people of the Internet! This Kidsbond User
Agreement (“Terms”) applies to your access to and
use of the websites, mobile apps, widgets, APIs, emails, and other
online products and services (collectively, the
“Services”) provided by Kidsbond Studio.
(“Kidsbond,” “we,” “
us,” or “our”).
Remember Kidsbond is for fun and is intended to be a place for
your entertainment, but we still need some basic rules. By
accessing or using our Services, you agree to be bound by these
Terms. If you do not agree to these Terms, you may not access or
use our Services.
1. Your Access to the Services
No one under 13 is allowed to use or access the Services. We may
offer additional Services that require you to be older to use
them, so please read all notices and any Additional Terms
carefully when you access the Services.
By using the Services, you state that:
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
2. Privacy
Kidsbond’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
3. Your Use of the Services
Subject to your complete and ongoing compliance with these Terms,
Kidsbond grants you a personal, non-transferable, non-exclusive,
revocable, limited license to: (a) install and use a copy of our
mobile application associated with the Services that is obtained
from a legitimate marketplace on a mobile device owned or
controlled by you; and (b) access and use the Services. We reserve
all rights not expressly granted to you by these Terms.
Except and solely to the extent such a restriction is
impermissible under applicable law, you may not, without our
written agreement:
We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Your Kidsbond Account and Account Security
To use certain features of our Services, you may be required to
create a Kidsbond account (an “Account”) and
provide us with a username, password, and certain other
information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with
your Account and anything that happens related to your Account.
You must maintain the security of your Account and immediately
notify Kidsbond if you discover or suspect that someone has
accessed your Account without your permission. We recommend that
you use a strong password that is used only with your Account and
enable two-factor authentication.
You will not license, sell, or transfer your Account without our
prior written approval.
5. Your Content
The Services may contain information, text, links, graphics,
photos, videos, audio, streams, or other materials
(“Content”), including Content created with or
submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or
implicitly endorse, support, or guarantee the completeness,
truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and
warrant that you have all rights, power, and authority necessary
to grant the rights to Your Content contained within these Terms.
Because you alone are responsible for Your Content, you may expose
yourself to liability if you post or share Content without all
necessary rights.
You retain any ownership rights you have in Your Content, but you
grant Kidsbond the following license to use that Content:
When Your Content is created with or submitted to the Services,
you grant us a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive, transferable, and sublicensable license to use,
copy, modify, adapt, prepare derivative works of, distribute,
store, perform, and display Your Content and any name, username,
voice, or likeness provided in connection with Your Content in all
media formats and channels now known or later developed anywhere
in the world. This license includes the right for us to make Your
Content available for syndication, broadcast, distribution, or
publication by other companies, organizations, or individuals who
partner with Kidsbond. You also agree that we may remove metadata
associated with Your Content, and you irrevocably waive any claims
and assertions of moral rights or attribution with respect to Your
Content.
Any ideas, suggestions, and feedback about Kidsbond or our
Services that you provide to us are entirely voluntary, and you
agree that Kidsbond may use such ideas, suggestions, and feedback
without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your
Content, we may, in our sole discretion, delete or remove Your
Content at any time and for any reason, including for violating
these Terms, violating our Content Policy, or if you otherwise
create or are likely to create liability for us.
6. Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products,
or services, which may be posted by advertisers, our affiliates,
our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not
responsible for any third party’s websites, products, or services.
Your use of Third-Party Content is at your own risk and you should
make any investigation you feel necessary before proceeding with
any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or
advertisements. The type, degree, and targeting of advertisements
are subject to change, and you acknowledge and agree that we may
place advertisements in connection with the display of any Content
or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion,
including a contest or sweepstakes (“Promotion”),
you alone are responsible for conducting the Promotion in
compliance with all applicable laws and regulations, including but
not limited to creating official rules, offer terms, eligibility
requirements, and compliance with applicable laws, rules, and
regulations which govern the Promotion (such as licenses,
registrations, bonds, and regulatory approval). Your Promotion
must state that the Promotion is not sponsored by, endorsed by, or
associated with Kidsbond, and the rules for your Promotion must
require each entrant or participant to release Kidsbond from any
liability related to the Promotion. You acknowledge and agree that
we will not assist you in any way with your promotion, and you
agree to conduct your Promotion at your own risk.
7. Things You Cannot Do
When using or accessing Kidsbond, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy (and, where applicable, the Broadcasting Content Policy), which are incorporated by this reference into, and made a part of, these Terms and contain Kidsbond’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email info@Kidsbond.tech.
8. Moderators
Not available for now.
9. Copyright, Trademark, the DMCA, and Takedowns
Kidsbond respects the intellectual property of others and requires
that users of our Services do the same. We have a policy that
includes the removal of any infringing material from the Services
and for the termination, in appropriate circumstances, of users of
our Services who are repeat infringers. If you believe that
anything on our Services infringes a copyright or a trademark that
you own or control, you may notify Kidsbond’s Designated Agent by
contacting:
Copyright Agent
Molaei (Kidsbond Studio).
Brucknerstraße 78, 8010 Graz-Austria
Also, please note that if you knowingly misrepresent that any
activity or material on our Service is infringing, you may be
liable to Kidsbond for certain costs and damages.
If we remove Your Content in response to a copyright or trademark
notice, we will notify you via Kidsbond’s private messaging
system. If you believe Your Content was wrongly removed due to a
mistake or misidentification in a copyright notice, you can send a
counter notification via our info@kidsbond.tech or to our
Copyright Agent (contact information provided above). Please see
17 U.S.C. § 512(g)(3)
for the requirements of a proper counter notification.
10. Paid Services and Payment Information
There are no fees for the use of many aspects of the Services.
However, some services, including Kidsbond Premium and Virtual
Goods, may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or using Kidsbond
Premium or our Virtual Goods, you further agree to the Kidsbond
Premium and Virtual Goods Agreement.
Kidsbond may change the fees or benefits associated with the Paid
Services from time to time with reasonable advance notice of
material changes; provided, however, that no advance notice will
be required for temporary promotions, including temporary
reductions in the fees associated with the Paid Services.
Notwithstanding the foregoing, any price changes or changes to
your subscription plans will apply no earlier than 30 days
following notice to you.
You may submit your debit card, credit card, or other payment
information (“Payment Information”) via our
Services to purchase the Paid Services. We use third-party service
providers to process your Payment Information. If you submit your
Payment Information, you agree to pay all costs that you incur,
and you give us permission to charge you when payment is due for
an amount that includes these costs and any applicable taxes and
fees. All transactions are final, and we do not refund or credit
for partially used billing periods.
11. Intellectual Property
The Services are owned and operated by Kidsbond. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“ Materials”) provided by Kidsbond are protected by intellectual property and other laws. All Materials included in the Services are the property of Kidsbond or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Kidsbond Premium or Virtual Goods. Kidsbond reserves all rights to the Materials not granted expressly in these Terms.
12. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Kidsbond, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Kidsbond Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
13. Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that
you may have as a user of the Services. Some countries, states,
provinces or other jurisdictions do not allow the exclusion of
certain warranties or the limitation of liability as stated in
this section, so the below terms may not fully apply to you.
Instead, in such jurisdictions, the exclusions and limitations
below shall apply only to the extent permitted by the laws of such
jurisdictions.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE KIDSBOND ENTITIES DO
NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR FREE. KIDSBOND DOES NOT CONTROL, ENDORSE, OR
TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE
SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING
MODERATORS. WHILE KIDSBOND ATTEMPTS TO MAKE YOUR ACCESS TO AND USE
OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR
SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
IN NO EVENT WILL ANY OF THE KIDSBOND ENTITIES BE LIABLE TO YOU FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO
THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR
RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED
TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF,
THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE
LIABILITY OF THE KIDSBOND ENTITIES EXCEED THE GREATER OF ONE
HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID KIDSBOND IN THE
PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE
LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY,
INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE KIDSBOND
ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE,
AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE
FAILED ITS ESSENTIAL PURPOSE.
14. Governing Law and Venue
We want you to enjoy Kidsbond, so if you have an issue or dispute,
you agree to raise it and try to resolve it with us informally.
You can contact us with feedback and concerns by
info@kidsbond.tech.
To the fullest extent permitted by applicable law, any claims
arising out of or relating to these Terms or the Services will be
governed by the laws of the State of California, without regard to
its conflict of laws rules; all disputes related to these Terms or
the Services will be brought solely in the federal or state courts
located in San Francisco, California, and you and Kidsbond consent
to personal jurisdiction in these courts.
If you are a U.S. city, county, or state government entity, then
this Section 14 does not apply to you. If you are a U.S. federal
government entity, any claims arising out of or relating to these
Terms or the Services will be governed by the laws of the United
States of America without regard to its conflict of laws rules. To
the extent permitted by federal law, the laws of California (other
than its conflict of law rules) will apply in the absence of
applicable federal law. All disputes related to these Terms or the
Services will be brought solely in the federal or state courts
located in San Francisco, California.
15. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
16. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Kidsbond (collectively, “ Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.
17. Termination
You may terminate these Terms at any time and for any reason by
deleting your Account and discontinuing use of all Services. If
you stop using the Services without deactivating your Account,
your Account may be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend
or terminate your Account, moderator status, or ability to access
or use the Services at any time for any or no reason, including
for violating these Terms or our Content Policy.
The following sections will survive any termination of these Terms
or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12
(Indemnity), 13 (Disclaimers and Limitation of Liability), 14
(Governing Law and Venue), 17 (Termination), and 18
(Miscellaneous).
18. Miscellaneous
These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms,
constitute the entire agreement between you and us regarding your
access to and use of the Services. Our failure to exercise or
enforce any right or provision of these Terms will not operate as
a waiver of such right or provision. If any part of these Terms is
held to be invalid or unenforceable, the unenforceable part will
be given effect to the greatest extent possible, and the remaining
parts will remain in full force and effect. You may not assign or
transfer any of your rights or obligations under these Terms
without our consent. We may freely assign any of our rights and
obligations under these Terms.
These Terms are a legally-binding agreement between you and
Kidsbond Studio. If you have any questions about these terms,
please contact us.
Molaei (Kidsbond Studio).
Brucknerstraße 78, 8010 Graz-Austria
Kidsbond User Agreement if you live in the EEA, United Kingdom, or Switzerland
Hello, Kidsbondors and people of the Internet! This Kidsbond User
Agreement (“Terms”) applies to your access to and
use of the websites, mobile apps, widgets, APIs, emails, and other
online products and services (collectively, the
“Services”) provided by Kidsbond Studio.
(“Kidsbond,” “we,” “
us,” or “our”).
Remember Kidsbond is for fun and is intended to be a place for
your entertainment, but we still need some basic rules. In order
to use the Services, you must have accepted these Terms, which
are: (a) presented to you when you create an Account; and (b)
available at all times when you access the Services. If you don’t
accept them, you may not access or use our Services.
1. Your Access to the Services
No one under 13 is allowed to use or access the Services. We may
offer additional Services that require you to be older to use
them, so please read all notices and any Additional Terms
carefully when you access the Services.
By using the Services, you state that:
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
2. Privacy
Kidsbond’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
3. Your Use of the Services
Subject to your complete and ongoing compliance with these Terms,
Kidsbond grants you a personal, non-transferable, non-exclusive,
revocable, limited license to: (a) install and use a copy of our
mobile application associated with the Services that is obtained
from a legitimate marketplace on a mobile device owned or
controlled by you; and (b) access and use the Services. We reserve
all rights not expressly granted to you by these Terms.
Except and solely to the extent such a restriction is
impermissible under applicable law, you may not, without our
written agreement:
We do not guarantee that the Services will always be available or uninterrupted. We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Your Kidsbond Account and Account Security
To use certain features of our Services, you may be required to
create a Kidsbond account (an “Account”) and
provide us with a username, password, and certain other
information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with
your Account and anything that happens related to your Account.
You must maintain the security of your Account and immediately
notify Kidsbond if you discover or suspect that someone has
accessed your Account without your permission. We recommend that
you use a strong password that is used only with your Account and
enable two-factor authentication.
You will not license, sell, or transfer your Account without our
prior written approval.
5. Your Content
The Services may contain information, text, links, graphics,
photos, videos, audio, streams, or other materials
(“Content”), including Content created with or
submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or
implicitly endorse, support, or guarantee the completeness,
truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and
warrant that you have all rights, power, and authority necessary
to grant the rights to Your Content contained within these Terms.
Because you alone are responsible for Your Content, you may expose
yourself to liability if you post or share Content without all
necessary rights.
You retain any ownership rights you have in Your Content, but you
grant Kidsbond the following license to use that Content:
When Your Content is created with or submitted to the Services,
you grant us a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive, transferable, and sublicensable license to use,
copy, modify, adapt, prepare derivative works of, distribute,
store, perform, and display Your Content and any name, username,
voice, or likeness provided in connection with Your Content in all
media formats and channels now known or later developed anywhere
in the world. This license includes the right for us to make Your
Content available for syndication, broadcast, distribution, or
publication by other companies, organizations, or individuals who
partner with Kidsbond. You also agree that we may remove metadata
associated with Your Content, and you irrevocably waive any claims
and assertions of moral rights or attribution with respect to Your
Content.
Any ideas, suggestions, and feedback about Kidsbond or our
Services that you provide to us are entirely voluntary, and you
agree that Kidsbond may use such ideas, suggestions, and feedback
without compensation or obligation to you.
Although we reserve the right to review, screen, edit, or monitor
Your Content, we do not necessarily review all of it at the time
it’s submitted to the Services. However, we may, in our sole
discretion, delete or remove Your Content at any time and for any
reason, including for violating these Terms, violating our Content
Policy, or if you otherwise create or are likely to create
liability for us.
6. Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products,
or services, which may be posted by advertisers, our affiliates,
our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not
responsible for any third party’s websites, products, or services.
Your use of Third-Party Content is at your own risk, and you
should make any investigation you feel necessary before proceeding
with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or
advertisements. The type, degree, and targeting of advertisements
are subject to change, and you acknowledge and agree that we may
place advertisements in connection with the display of any Content
or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion,
including a contest or sweepstakes (“Promotion”),
you alone are responsible for conducting the Promotion in
compliance with all applicable laws and regulations, including but
not limited to creating official rules, offer terms, eligibility
requirements, and compliance with applicable laws, rules, and
regulations which govern the Promotion (such as licenses,
registrations, bonds, and regulatory approval). Your Promotion
must state that the Promotion is not sponsored by, endorsed by, or
associated with Kidsbond, and the rules for your Promotion must
require each entrant or participant to release Kidsbond from any
liability related to the Promotion. You acknowledge and agree that
we will not assist you in any way with your promotion, and you
agree to conduct your Promotion at your own risk.
7. Things You Cannot Do
When using or accessing Kidsbond, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy which are incorporated by this reference into, and made a part of, these Terms and contain Kidsbond’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email info@Kidsbond.tech.
8. Moderators
Not available for now.
9. Copyright, Trademark, the DMCA, and Takedowns
Kidsbond respects the intellectual property of others and requires
that users of our Services do the same. We have a policy that
includes the removal of any infringing material from the Services
and for the termination, in appropriate circumstances, of users of
our Services who are repeat infringers. If you believe that
anything on our Services infringes a copyright or a trademark that
you own or control, you may notify Kidsbond’s Designated Agent by
contacting:
Copyright Agent
Molaei (Kidsbond Studio).
Brucknerstraße 78, 8010 Graz-Austria
Also, please note that if you knowingly misrepresent that any
activity or material on our Service is infringing, you may be
liable to Kidsbond for certain costs and damages.
If we remove Your Content in response to a copyright or trademark
notice, we will notify you via Kidsbond’s private messaging
system. If you believe Your Content was wrongly removed due to a
mistake or misidentification in a copyright notice, you can send a
counter notification via our info@kidsbond.tech or to our
Copyright Agent (contact information provided above). Please see
17 U.S.C. § 512(g)(3)
for the requirements of a proper counter notification.
10. Paid Services and Payment Information
There are no fees for the use of many aspects of the Services.
However, some services, including Kidsbond Premium and Virtual
Goods, may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or using Kidsbond
Premium or our Virtual Goods, you further agree to the Kidsbond
Premium and Virtual Goods Agreement.
Kidsbond may change the fees or benefits associated with the Paid
Services from time to time with reasonable advance notice of
material changes; provided, however, that no advance notice will
be required for temporary promotions, including temporary
reductions in the fees associated with the Paid Services.
Notwithstanding the foregoing, any price changes or changes to
your subscription plans will apply no earlier than 30 days
following notice to you.
You may submit your debit card, credit card, or other payment
information (“Payment Information”) via our
Services to purchase the Paid Services. We use third-party service
providers to process your Payment Information. If you submit your
Payment Information, you agree to pay all costs that you incur,
and you give us permission to charge you when payment is due for
an amount that includes these costs and any applicable taxes and
fees. All transactions are final, and we do not refund or credit
for partially used billing periods.
11. Intellectual Property
The Services are owned and operated by Kidsbond. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“ Materials”) provided by Kidsbond are protected by intellectual property and other laws. All Materials included in the Services are the property of Kidsbond or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Kidsbond Premium or Virtual Goods. Kidsbond reserves all rights to the Materials not granted expressly in these Terms.
12. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Kidsbond, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Kidsbond Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
13. Limitation of Liability
By using the Services you agree that the Kidsbond Entities’ liability is limited to the maximum extent permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Kidsbond isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
14. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our reasonable discretion, are material, we will notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services at least 30 days before the date they become effective. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
15. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Kidsbond (collectively, “ Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.
16. Termination
You may terminate these Terms at any time and for any reason by
deleting your Account and discontinuing use of all Services. If
you stop using the Services without deactivating your Account,
your Account may be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend
or terminate your Account, moderator status, or ability to access
or use the Services at any time for any or no reason, including
for violating these Terms or our Content Policy.
The following sections will survive any termination of these Terms
or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12
(Indemnity), 13 (Limitation of Liability), 16 (Termination), and
17 (Miscellaneous).
17. Miscellaneous
These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms,
constitute the entire agreement between you and us regarding your
access to and use of the Services. Our failure to exercise or
enforce any right or provision of these Terms will not operate as
a waiver of such right or provision. If any part of these Terms is
held to be invalid or unenforceable, the unenforceable part will
be given effect to the greatest extent possible, and the remaining
parts will remain in full force and effect. You may not assign or
transfer any rights or obligations under these Terms without
Kidsbond’s prior written consent. Kidsbond may, without
restriction, assign any of our rights and obligations under these
Terms, at its sole discretion, with 30 days’ prior notice. Your
right to terminate these Terms at any time pursuant to Section 16
remains unaffected.
These Terms are a legally-binding agreement between you and
Kidsbond Studio. If you have any questions about these terms,
please contact us.
Molaei (Kidsbond Studio).
Brucknerstraße 78, 8010 Graz-Austria