iKydz Terms and Conditions of Use
II. iKydz Services
Three primary elements comprise the iKydz Services: (i) a local control and internet access device (the “iKydz Unit”) that allows personalized control of access to websites, feeds, and other content on the Internet; (ii) software applications (“Software”) that allow users to administer, configure, and manage their iKydz Unit, and (iii) an Application Protocol Interface (“API”) that allows the Software to communicate with iKydz servers in order to facilitate the flow of information from the iKydz Unit to users. iKydz Services provide individuals and families with a means of controlling the internet activity of family members, visitors, and others within their home network.
A. Content Blocking Not Guaranteed.
You acknowledge that use of the iKydz Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the iKydz Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. iKydz strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that you would deem acceptable will not be blocked.
IV. Eligibility To Use iKydz Services
No part of the iKydz Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE iKYDZ SERVICE AT ANY TIME OR IN ANY MANNER. Parents, please be advised that we do not recommend that children under the age of 18 be given administrative access to the iKydz Services, with or without supervision.
Repeated violation of these Terms, however innocent or inadvertent, will result in suspension or deletion of a user’s account.
V. Your Account
A. User Responsibilities.
You are responsible for your log-in credentials and for keeping your contact information accurate and up to date. You are responsible for any activity resulting from the use of your log-in credentials on the iKydz Service. You represent and warrant that the information you provide to iKydz upon registration of your iKydz Unit and at all other times will be true, accurate, current, and complete.
B. Your Log-In Credentials.
To use the iKydz Service, you will have log-in information, including a username and PIN. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the iKydz Service and to preserve the confidentiality of your username and password, and any device that you use to access the iKydz Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify iKydz by e-mail to Customer.Services@ikydz.com. You will be solely responsible for the losses incurred by iKydz and others due to any unauthorized use of your account.
By using the iKydz Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the iKydz Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the iKydz Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at Customer.Services@ikydz.com.
VII. iKydz Content Ownership and Use
The contents of the iKydz Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and any other iKydz content (collectively, “iKydz Content”). All iKydz Content and the compilation (meaning the collection, arrangement, and assembly) of all iKydz Content are the property of iKydz or its licensors and are protected under copyright, trademark, and other laws.
A. License to You.
We authorize you, subject to these Terms, to access and use the iKydz Service and the iKydz Content solely for the personal, non-commercial use of the iKydz Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the iKydz Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original iKydz Content on any copy you make of the iKydz Content.
B. Third-Party Content.
The iKydz Services may contain content from iKydz partners and licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the iKydz Services. You understand and agree that you will not obtain, as a result of your use of the iKydz Services, any right, title, or interest in or to the iKydz Content, or any third-party content delivered via the iKydz Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
C. iKydz identity.
iKydz, the iKydz logo, and other iKydz logos and product and service names are trademarks of iKydz (the “iKydz identity”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the iKydz identity.
VIII. Intellectual Property Rights and iKydz License To Use Your Content
A. User Content.
The iKydz Services may provide you with the ability to create, post, or share content (“Your User Content”). iKydz claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the iKydz Service. You are responsible for protecting those rights.
B. License to iKydz.
C. You Must Have Rights to the Content You Post.
You represent and warrant that: (i) you own the content posted by you on or through the iKydz Services or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the iKydz Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the iKydz Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the iKydz Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
XI. User Content Disclaimers, Limitations, And Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the iKydz Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the iKydz Services. iKydz does not endorse any, nor is it responsible for, User Content on the iKydz Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the iKydz Service only for its intended purpose. You must use the iKydz Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the iKydz Service are prohibited. You may not: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the iKydz Services, user accounts, or the technology and equipment supporting the iKydz Services; frame or link to the iKydz Services without permission; use data mining, robots, or other data gathering devices on or through the iKydz Services, unless specifically allowed by these Terms; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; harass, stalk, abuse, or post irrelevant or objectionable material; sell, transfer, or assign any of your rights to use the iKydz Services to a third party without our express written consent; post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same content more than once can be considered “spam” or “spamming”); use the iKydz Services in an illegal way or to commit an illegal act in relation to the iKydz Services or that otherwise results in fines, penalties, and other liability to iKydz or others; or access the iKydz Services from a jurisdiction where it is illegal or unauthorized.
XII. Consequences Of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the iKydz Services for any reason, at our discretion. We reserve the right to refuse to provide the iKydz Services to you in the future.
iKydz may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the iKydz Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the iKydz Services.
XIII. iKydz Liability
A. Changes to the iKydz Services.
We may change, suspend, or discontinue any aspect of the iKydz Service at any time, including hours of operation or availability of the iKydz Service or any feature, without notice or liability.
B. User Disputes.
We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the iKydz Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release iKydz from all claims, demands, and damages in disputes among users of the iKydz Services, or between a user and a third party. You also agree not to involve us in such disputes. Use caution and common sense when using the iKydz Services.
C. Content Accuracy.
We make no representations about accuracy, reliability, completeness, or timeliness of any content accessed using the iKydz Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained or discovered through the iKydz Services. Use the iKydz Services at your own risk.
D. Third-Party Websites.
The iKydz Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
E. No Guarantee of Results.
We make no promises and disclaim all liability of specific results from the use of the iKydz Service.
G. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE iKYDZ SERVICES IS AT YOUR SOLE RISK, AND THE iKYDZ SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE iKYDZ SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE iKYDZ SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE iKYDZ SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE iKYDZ SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE iKYDZ SERVICE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE iKYDZ SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE iKYDZ SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
“Released Parties” include iKydz and its affiliates, officers, employees, agents, partners, and licensors.
H. LIMITATION OF LIABILITY AND INDEMNIFICATION YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF iKYDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE iKYDZ SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE iKYDZ SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE iKYDZ SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE iKYDZ SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE iKYDZ SERVICE OR YOUR USE OF iKYDZ CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE RETAIL COST PAID FOR THE iKYDZ DEVICE THROUGH WHICH THE USER PRINCIPALLY ACCESSES THE SERVICES.
I. Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any iKydz Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. General Terms
These Terms constitute the entire agreement between you and iKydz concerning your use of the iKydz Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.