Agreement. Kidster’s platform (“Kidster” or “Platform”) includes our website, www.Kidsterapps.com (the “Site”), and our mobile Application (“App”).
ACCESS TO AND USE OF KIDSTER IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE. PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING KIDSTER AND/OR DOWNLOADING MATERIALS AND/OR INFORMATION FROM IT. PRINT A COPY OF THESE TERMS AND CONDITIONS OF USE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ACOTEL INTERACTIVE, INC. (“ACOTEL INTERACTIVE”) GOVERNING YOUR USE OF KIDSTER AND YOUR USE AND/OR PURCHASE OF PRODUCTS AND/OR SERVICES OFFERED THROUGH KIDSTER. BY ACCESSING KIDSTER OR USING ANY TOOLS OR SERVICES PROVIDED ON KIDSTER, YOU BECOME A USER AND AGREE TO, AND ARE BOUND BY, THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE A LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND ACOTEL INTERACTIVE.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT A MINOR WHERE YOU LIVE, AND THAT THESE TERMS AND CONDITIONS OF USE ARE BINDING UPON YOU. IF YOU ARE A MINOR AND ARE NOT AN EMANCIPATED MINOR, OR IF YOU HAVE NOT OBTAINED THE CONSENT OF YOUR PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT ON YOUR BEHALF, YOU SHALL NOT USE KIDSTER AND YOUR MEMBERSHIP OR SUBSCRIPTIONS MAY BE TERMINATED, AND ACCESS TO KIDSTER OR PART THEREOF MAY BE DENIED, WITHOUT NOTICE.
UNLESS EXPLICITLY STATED IN WRITING BY ACOTEL INTERACTIVE, ANY NEW OR ADDITIONAL FEATURES OF KIDSTER, INCLUDING THE RELEASE OF NEW PRODUCTS AND/OR SERVICES, SHALL BE SUBJECT TO THESE TERMS AND CONDITIONS OF USE.
Compliance with laws: Kidster is hosted in the United States. If you are accessing Kidster from anywhere outside of the United States, you agree to comply with all applicable laws, rules and/or regulations relevant to your use of Kidster in your territory, including, without limitation, laws, rules and/o regulations relating to export of data, import of any prize, use/download of any app, import of software etc.
Download the App. You can use Kidster by downloading the App on your mobile device. You will be required to agree to these Terms and Conditions of Use, as well as to any other terms and conditions which may be applicable to your subscription or selection. After logging into Kidster, you can play/use the games or programs, according to the service you have chosen.
Free Trial. Promotional banners showing on Kidster may offer users the opportunity to try premium services, which are normally subject to a subscription or pay-as you-go fee, for a trial period. All trials are in compliance with Apple, Google or other billing platforms. Users usually “opt-in” to premium services by accepting the trial, and have the right to “opt-out” at any time during the trial period without incurring any subscription fees or other charges. Please be advised that users will be automatically charged a fee upon expiration of the trial period unless they have opted-out. Click below for more information on how to “opt-out”.
iOS (Apple): http://support.apple.com/kb/ht4098
Basic (Free) Services: A limited number of video content or programs will be made available free of charge.
Premium Membership Services: Premium Members have unlimited access to all content available on Kidster. In order to become a Premium Member, each applicant will be required to agree to specific payment and pricing terms.
Premium Membership Services Billing: By subscribing to Kidster Premium Membership Services, you agree to pay the periodic subscription fee displayed at the time of checkout. The premium membership services fees may vary depending on your payment method and the country you are located in. All premium members will be automatically charged subscription fees on a weekly, monthly, quarterly, or yearly basis by their chosen payment provider, and will gain access to all content on Kidster available during the subscription period. Please note that subscription fees and/or subscription fee billing schedule may change at any time. You will be notified of any such change. If you do not agree to change in fees and/or billing schedule, you may terminate your subscription as provided in these Terms and Conditions of Use. Please be advised that your continued use of Kidster after a notice of change in fees or billing schedule has been sent shall be deemed to be your acceptance of the new fees and/or billing schedule.
Use of Kidster: You will not permit others to use your App without your consent. You are not permitted to attempt to violate the security or systems of Kidster. If you are allowing a minor to use Kidster, you represent and warrant that you are the legal parent or guardian of such minor, and you agree: (a) to assume all liabilities resulting from the minor’s use of Kidster including, but not limited to, payment of any fees associated with the minor’s use of Kidster, (b) to exercise supervision over such use by the minor; and (c) that you assume all risks of any kind associated with the minor’s use of Kidster and the information contained therein. Furthermore, you will not attempt to, or otherwise authorize, encourage or assist others to circumvent, reverse-engineer, decrypt, break or otherwise alter or interfere with any part Kidster in any manner. You may only use those portions of Kidster made available to you.
Any user suspected of engaging, directly or indirectly, in any fraudulent, abusive, manipulative, illegal or questionable activity, including, without limitation, participating in, or benefiting from, a syndicate, group or block guessing process, may have his/her membership terminated, all access denied, and, if applicable, a user may be referred to appropriate law enforcement agencies, all of the above in Acotel Interactive's sole discretion.
Acotel Interactive does not store your credit card information.
Acotel Interactive reserves the right, in its sole discretion, to interrupt, suspend or cancel part of the whole of Kidster and/or its services at any time for whatever reason and Acotel Interactive and the Acotel Entities will bear no responsibility for any damage or loss caused by such interruption, suspension or cancellation of Kidster.
Any equipment that you use to access and/or use Kidster shall not interfere with Kidster and/or Acotel Interactive's systems and/or operations.
Copyright and Intellectual Property Rights. Kidster contains information and materials, including, without limitation, photographs, icons, graphics, audio, video, messages, files, documents, images or other materials (collectively the "Material”) which is copyrighted. Any unauthorized use of any Material may violate copyright, trademark, and /or other intellectual property laws or other laws in the United States and elsewhere. The trademarks, logos and service marks displayed on Kidster are the property of Acotel Interactive or third party owners in the United States and other countries. Users are prohibited from using any such marks for any purpose without the prior written permission of Acotel Interactive or such third party that may own the marks. Users are not granted any rights whatsoever to use the trademarks, logos and/or service marks by virtue of using or accessing Kidster. You will be solely responsible for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of Kidster.
Copyright and Trademark Notices. Kidster is a © 2014 Acotel Interactive. All rights reserved. If you believe in good faith that materials contained in Kidster infringe your copyright, you may send us a notice requesting that such material be removed.
Disclaimer of Warranties. By using Kidster, you expressly understand and agree that any material, services and/or products are provided "AS IS" with no warranties by Acotel Interactive or any of its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "Acotel Entities"). Acotel Interactive and the Acotel Entities expressly disclaim to the fullest permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. You understand and agree that your use of Kidster is at your own discretion and risk and that you will be solely responsible for any content or personal information that you disclose to Kidster, other users or that is disclosed to you. Kidster and the Acotel Entities disclaim any warranties that Kidster will meet your requirements or satisfaction, or that your access to the same will be uninterrupted or without error. You are solely responsible for any damages to your equipment, computer system, smart phone, tablets or similar equipment or loss of data that results from your use of Kidster. Kidster and the Acotel Entities disclaim any warranties for services or goods received through or advertised on Kidster or received through any links provided by Kidster. Some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability. UNDER NO CIRCUMSTANCES, SHALL ACOTEL AND/OR THE ACOTEL ENTITIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF KIDSTER. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ACOTEL OR THE ACOTEL ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE KIDSTER OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF KIDSTER (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ACOTEL INTERACTIVE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THESE TERMS AND CONDITIONS OF USE OR THE USE OF KIDSTER, EXCEED THE FEES PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID KIDSTER FOR THE USE OF ANY SERVICE, THE AMOUNT OF TEN US DOLLARS ($10.00) OR ITS EQUIVALENT.
Indemnification. By using Kidster, you agree to indemnify and hold Acotel Interactive, its affiliates, their respective officers, directors, employees, agents and third parties, successors and assigns, harmless for any violation or against any direct or indirect third party claim, liabilities, losses, costs, damages and expenses, including reasonable attorneys’ fees, which may relate to or arise as a result of your use of Kidster for any reason whatsoever. This indemnification obligation will survive this agreement, any subscription and/or your use of Kidster. Acotel Interactive hereby reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Acotel Interactive in asserting any available defenses.
Governing Law; Arbitration. This agreement and these Terms and Conditions of Use shall be governed by and construed and interpreted in accordance with the laws of the State of New York, without giving effect to its conflicts of laws rules that would require the application of the laws of another jurisdiction.
BY ENTERING INTO THIS AGREEMENT, AND/OR ACCEPTING THESE TERMS AND CONDITIONS OF USE AND/OR USING OR ATTEMPTING TO USE KIDSTER, YOU AND ACOTEL INTERACTIVE BOTH AGREE TO RESOLVE ANY CLAIM, CONTROVERSIES OR DISPUTES BETWEEN YOU AND ACOTEL, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS, CONTROVERSIES OR DISPUTES ARISING OUT OF OR RELATING TO KIDSTER, KIDSTER AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY ACOTEL INTERACTIVE THROUGH BINDING ARBITRATION (OR, IF THE CASE QUALIFIES, BY COMMENCING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT) INSTEAD OF IN COURTS OF GENERAL JURISDICTION.
PLEASE NOTE THAT ARBITRATION IS MORE INFORMAL THAN LITIGATION. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING BUT THERE IS A NEUTRAL ARBITRATOR INSTEAD AND THE PROCEDURES MAY BE DIFFERENT THAN IN A COURT. ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY AND LIMITED APPELLATE REVIEW BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING ATTORNEYS' FEES, IF APPLICABLE.
In addition, you and Acotel Interactive both agree that:
a. Reference to "Acotel Interactive" includes its parents, subsidiaries, affiliates, predecessors, successors, assigns, and its directors, officers, employees and agents. Reference to "you" includes your heirs, personal representative and all beneficiaries of this agreement and these Terms and Conditions of Use and all users of the products and/or services provided under these Terms and Conditions of Use.
b. BY ENTERING INTO THIS AGREEMENT, AND/OR ACCEPTING THESE TERMS AND CONDITIONS OF USE AND/OR USING THE SERVICES AND/OR KIDSTER, YOU AND ACOTEL INTERACTIVE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL ("JURY TRIAL WAIVER") OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION ("CLASS ACTION WAIVER"), INCLUDING, WITHOUT LIMITATION, CLASS ACTIONS OR CLASS ARBITRATIONS BEGUN BY OTHERS PRIOR TO THE DATE OF THIS AGREEMENT EVEN IF APPLICABLE LAW OR THE AMERICAN ARBITRATION ASSOCIATION RULES WOULD ALLOW IT. YOU AND ACOTEL INTERACTIVE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
c. Any claim must first be brought to the attention of the other party by sending a written notice ("Claim Notice") to (a) your then-current (or last provided) billing address, or (b) to Acotel Interactive, Inc. at P.O. Box 3315, New York, NY 10008-3315. In the unlikely event that the claim is not resolved within thirty (30) days after the Claim Notice is received, you or Acotel Interactive may commence arbitration proceedings pursuant to paragraph (4) below.
d. The arbitration will be governed by the Rules of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available by visiting www.adr.org or by calling +1 (800) 778-7879.
e. Unless you and Acotel Interactive agree otherwise, the arbitration will take place in the County (or equivalent) of your billing address, provided, however, that if your billing address is outside of the United States, the arbitration will take place in New York County, New York. There will be one single neutral arbitrator appointed pursuant to the AAA Rules. If your claim is for $10,000.00 or less, you can choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or by a hearing in-person or by phone. If your claim exceeds $10,000.00, arbitration proceedings will be carried out in accordance with the AAA Rules. Acotel Interactive may reimburse you for all AAA filings, administration and arbitrator fees (collectively the "Arbitration Fees") for any arbitration proceedings commenced in accordance with this Dispute Resolution and Arbitration section. In the event you cannot pay the Arbitration Fees, you may request in the Claim Notice that Acotel Interactive pay the Arbitration Fees directly. If, however, the arbitrator finds that your claim, its substance or the relief sought is frivolous or brought for an improper purpose, you agree to reimburse Acotel Interactive for all monies disbursed by it that are otherwise your obligation to pay under the AAA Rules. The arbitration award shall be final and binding upon both you and Acotel Interactive. The language of the arbitration shall be English.
f. UNLESS OTHERWISE PROVIDED IN THIS DISPUTE AND ARBITRATION SECTION, EACH PARTY IS RESPONSIBLE FOR HIS/HER/ITS OWN ATTORNEY'S FEES, THE EXPENSES OF HIS/HER/ITS OWN WITNESSES, EXPERTS AND/OR INTERPRETERS AND ALL OTHER EXPENSES CONNECTED WITH PRESENTING THE CASE.
g. An arbitration award and any judgment confirming such award apply only to that specific case and cannot be used in any other case except to enforce the award itself.
h. The provisions set forth in this Dispute Resolution and Arbitration Section do not preclude you from bringing any issues you may have to the attention of federal, state or local government agencies, including, for example, the Federal Trade Commission, and if the law allows, such agencies can seek relief against Acotel Interactive on your behalf.
i. The provisions set forth in this Dispute Resolution and Arbitration Section shall survive the termination of this Agreement or your contractual relationship with Acotel Interactive.
j. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, EITHER YOU OR ACOTEL INTERACTIVE MAY ELECT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CASE QUALIFIES UNDER APPLICABLE LAW.
k. In the event that the agreement to arbitrate set forth above shall not apply, you agree that any legal action or proceeding arising out of or in connection with this agreement and/or Terms and Conditions of Use or any document related thereto shall be commenced in the courts of the State of New York located in New York County or of the United States of America for the Southern District of New York. By visiting and/or or using or attempting to use Kidster you unconditionally accept and consent to the exclusive jurisdiction and venue of the aforesaid courts. You consent that personal jurisdiction may be obtained over you by mailing a summons by registered mail or certified mail, return receipt requested, within or without such court's jurisdiction, or by personal service, provided a reasonable time for appearance is allowed. You irrevocably waive any objection, including, without limitation, any objection to the laying of venue based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Nothing herein shall affect the right of Acotel Interactive to serve process in any manner other than as set forth herein, as permitted by law or to commence legal proceedings or otherwise proceed against you in any other jurisdiction.
To the maximum extent permitted by law, you expressly WAIVE ANY RIGHT TO TRIAL BY JURY of any action, claim, demand, or proceeding arising under or with respect to this agreement and/or these Terms and Conditions of Use, or in any way connected with, related to, or incidental to the dealings between them with respect to this agreement and/or these Terms and Conditions of Use, or the transactions related thereto, in each case whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise.
l. Law Enforcement. All correspondence and/or communications from law enforcement agencies, including subpoenas, court orders and/or warrants, must be mailed to PO Box 3315 New York, NY 10007 and via email to email@example.com.
a. These Terms and Conditions of Use constitute the entire agreement between you and Acotel Interactive with respect to Kidster and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and Acotel Interactive with respect to Kidster. No additions, deletions, or modifications to these Terms and Conditions of Use shall be effective against Acotel Interactive unless set forth in writing and executed by Acotel Interactive. The failure of either party to enforce any provision of these Terms and Conditions of Use in any instance shall not be deemed a waiver of that provision in that or any other instance.
b. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. The total invalidity or unenforceability of any particular provision of these Terms and Conditions of Use shall not affect the other provisions hereof and these Terms and Conditions of Use shall be construed in all respects as if such invalid or unenforceable provision were omitted.
c. Acotel Interactive reserves the right to modify these Terms and Conditions of Use at any time without notice. These Terms and Conditions of Use are binding upon you, therefore, you should review these Terms and Conditions of Use often and print a copy for your records.
d. These Terms and Conditions of Use shall be construed without any regard to any presumptions against the party causing the same to be prepared.
e. You may not assign, delegate, convey and/or subcontract any of your rights, duties or obligations hereunder.
f. You acknowledge that any breach of these Terms and Conditions of Use will cause substantial and irreparable harm to Acotel Interactive for which money damages would be an inadequate remedy. Accordingly, Acotel Interactive shall in any such event be entitled to obtain, from any Court of competent jurisdiction, injunctive and other forms of equitable relief to prevent such breach and to recover from you Acotel Interactive’s costs (including, without limitation, reasonable legal and accounting fees) incurred in connection with enforcing these Terms and Conditions of Use, in addition to any other rights or remedies available at law, in equity or by statute.
g. Kidster may terminate these Terms and Conditions of Use at any time for any reason or no reason at all. Such termination shall not affect any right to relief to which Acotel Interactive, its affiliates and respective suppliers may be entitled, either at law or in equity. Upon termination of these Terms and Conditions of Use, all rights granted to you shall immediately terminate and revert to Acotel Interactive, its affiliates and respective suppliers, as applicable.
h. The headings used in these Terms and Conditions of Use are provided for convenience only, do not constitute a part of these Terms and Conditions of Use and shall not be used to construe meaning or intent.
i. Any rights not expressly granted herein are reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.
Copyright © Acotel Interactive, Inc. (Proprietary) Limited All Rights Reserved
Comments and Questions: Any questions, comments or concerns should be sent to Kidster at firstname.lastname@example.org.