Terms of Use

Last updated on July 22, 2015



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

IF YOU OR YOUR PARENT OR LEGAL GUARDIAN DOES NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE WIKIDS APPLICATION(S).

BY DOWNLOADING OR OTHERWISE USING THE WIKIDS APPLICATION(S) OR ANY APPLICATION CONTENT (AS DEFINED BELOW) OBTAINED DIRECTLY OR INDIRECTLY FROM THE APPLICATION(S) YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.

Contact us at info@kidkedoo.com concerning anything you do not understand.

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

KidkeDoo Ltd. (“KidkeDoo”) provides various Wikids Application(s) (the “Application(s)”) to you, the user, subject to your compliance with these Terms of Use, as well as any other written agreement between KidkeDoo and you.

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT www.kidkedoo.com/terms.html, AND AS INCORPORATING THE WIKIDS PRIVACY POLICY (PUBLISHED AT www.kidkedoo.com/privacy.html) COMPRISE A LEGAL AGREEMENT BETWEEN YOU AND KIDKEDOO.

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

You may not use the Application(s) for commercial purposes or in any way that is unlawful, or harms Kidkedoo or any other person or entity.

2. User Information

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

3. Legal Use

You are solely responsible for your conduct through the Application(s) and agree that you will not violate any applicable laws or regulations, or promote or encourage any illegal activity.

4. Intellectual Property Information

4.1. Content

“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, source code and other material and services that users can view on or access through the Application(s).

Content used or displayed on the Application (“Application Content”) is the property of KidkeDoo, its licensors or other third parties who own the Application Content, and is protected by certain local and international copyright, trademark, and other laws, unless in the public domain or otherwise made freely available by its owner.

Except for any rights specifically enumerated as being licensed to you hereunder, KidkeDoo reserves any and all of its rights to the Application Content. You are only permitted to use Application Content as expressly authorized by KidkeDoo or the specific Application Content provider.

4.2. Specific License and Restrictions


(1) KidkeDoo grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use of the Application(s) for the regular and standard purposes the Application(s) was designed for, only as authorized in these Terms of Use.

(2) Other than the rights expressly set forth in section 5.2(1) above, no other right or interest whatsoever in or relating to the Application(s) is transferred or granted to you. By use of the Application(s) you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Application(s) or Application Content in any way inconsistent with the rights of use provided by KidkeDoo herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of KidkeDoo; (iii) attempt to access source or object code of the Application(s); (iv) amend, change, modify (including the creation of any derivative or other works) the Application(s); (v) create code, software or other program that incorporates any elements of the Application(s) (vi) attempt to hack into, compromise or otherwise access the object or source code of the Application(s) for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Application(s) in any way.

4.3. Submission of Ideas

To the extent that you submit, via the Application(s) or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Application(s), you agree that such Ideas are non-confidential and non-proprietary, and KidkeDoo shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant KidkeDoo, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Application(s), or any KidkeDoo product or service, without compensation or accounting to you and without further recourse by you.

5. Charges and Billing

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

THE FEES OR CHARGES ARE FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE APLICATION(S) FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE. FOREGOING DOES NOT LIMIT OR RESTRICT YOUR RIGHT OF REFUND UNDER ANY OFFICIAL REFUND POLICY OF AN APP STORE WHERE THE APPLICATION(S) IS OFFERED.

6. Inappropriate Content

If you find any inappropriate Content on any of the Applications or during your use of the Content, KidkeDoo encourages you to report such inappropriate content to: info@kidkedoo.com.

7. Disclaimer of Warranties; Limitation of Liability


Neither KidkeDoo nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “KidkeDoo Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Application(s) .

YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION(S) IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE APPLICATION(S) WILL MEET YOUR REQUIREMENTS, (B) THE APPLICATION(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION(S) WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION(S) WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

KIDKEDOO IS NOT RESPONSIBLE FOR PROBLEMS ASSOCIATED WITH OR CAUSED BY INCOMPATIBLE OPERATING SYSTEMS OR EQUIPMENT OF YOU, OR FOR PROBLEMS IN THE INTERACTION OF THE APPLICATION(S) WITH SUCH OPERATING SYSTEMS OR EQUIPMENT, INCLUDING ANY KIND OF MOBILE DEVICE.

IN NO EVENT SHALL KIDKEDOO BE LIABLE FOR THE USE OR THE INABILITY TO USE THE APPLICATION(S).

KIDKEDOO MAKES NO COMMITMENT TO UPDATE ITS APPLICATION(S). THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE APPLICATION(S), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT THE KIDKEDOO PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE APPLICATION(S) OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KIDKEDOO IS TO STOP USING THE APPLICATION(S), AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE KIDKEDOO PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE KIDKEDOO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF THE KIDKEDOO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Indemnification


You agree to defend, indemnify, and hold KidkeDoo and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Application(s), or those of any child authorized by you; (b) any violation of these Terms of Use by you or any child authorized by you.

KidkeDoo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with KidkeDoo in asserting any available defenses.

9. Termination, Suspension and Changes


KidkeDoo reserves the right to terminate, suspend, change or remove any Content, feature or functionality of the Application(s) at any time, for any reason or no reason, with or without notice to you, based on KidkeDoo’s sole discretion. Additionally, KidkeDoo may terminate and/or suspend your use of the Application(s) for violation of these Terms of Use or violation of any other policy related to the Application(s) (including the policies of affiliates accessible by the Application(s)). Without limiting the foregoing, your access to the Application(s) may be terminated without warning if KidkeDoo believes, in its sole discretion, that you are under the age of eighteen (18) years but do not have your parent’s or guardian’s permission to register for and/or access the Application(s). You agree that KidkeDoo shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and you will have no further access to the Application(s) and shall have no right to any refund of any monies paid to KidkeDoo.

Upon termination of these Terms of Use, for any reason, all the rights granted herein shall be terminated immediately and automatically. Termination of these Terms of Use will not affect your obligations relating to the payment of amounts due (including your obligation to indemnify KidkeDoo, under Section 10), or provisions limiting or disclaiming KidkeDoo’s liability, which provisions will survive termination of these Terms of Use.

10. Enhancements


From time to time KidkeDoo may, in its sole discretion, provide you with updates, upgrades, enhancements or improvements to the Application(s) (collectively, “Enhancements”), and may allow you to use such Enhancements upon and subject to payment of prices as may be established by KidkeDoo from time to time. All such Enhancements to the Application(s) shall also be governed by the terms of these Terms of Use, and shall be considered to be part of the Application(s).

11. Survivability of Terms of Use


The Terms of Use set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Application(s) at any time, pursuant to the terms of these Terms of Use. The provisions of Sections 1, 2, 4, through 7, 8 through 17 shall survive any termination of these Terms of Use.

12. Assignment


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

13. Governing Law


These Terms of Use shall be construed and governed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties.

14. Dispute Resolution


A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

You and KidkeDoo agree that any suit, action, proceeding, dispute, controversy or claim arising out of or relating to this Terms of Use or any of the transactions contemplated herein or related to the Application(s) (“Dispute”) shall be heard under Israeli law and must commence within one (1) year after the cause of action arose; otherwise, such Dispute is permanently barred. YOUR AGREEMENT TO THE PRECEDING SURVIVAL PERIOD SHALL ALSO CONSTITUTE AGREEMENT UNDER SECTION 19 OF THE ISRAELI STATUTE OF LIMITATIONS, 1958 (OR ANY OTHER SIMILAR LAW OR STATUTE IN ANY OTHER JURISDICTION).

You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any Dispute or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. KidkeDoo will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to KidkeDoo to the addresses listed below.

If the Dispute is not through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. Any arbitration shall be initiated in the State of Israel using the English language in accordance with the Rules of Arbitration of the Israel Bar Association then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected by the Arbitration Institution of the Israel Bar Association. The determination of whether a Dispute is subject to arbitration shall be determined by such arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Application(s) is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

The parties agree that any arbitration shall be limited to the Dispute between you and KidkeDoo individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The provisions of this Section constitute an arbitration agreement under the Israeli Arbitration Law, 1968 (or any other similar law or statute in any other jurisdiction).

15. Notices


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

16. Entire Agreement


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

17. Severability


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

18. No waiver


The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

19. Reservation of rights


All rights not expressly granted herein are reserved by KidkeDoo.

20. Miscellaneous


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

Effective Date: July 22, 2015