Kidvelope Terms of Service
These terms of service (“Terms”) govern your child’s use of Kidvelope online:
Kidvelope -- Game & Service
When you set up a Kidvelope account for your child, including providing the information and approvals requested during registration, and you agree to these Terms on your child’s behalf, we agree to provide your child with use of Kidvelope online. Kidvelope is a multimedia mission adventure game in which, as part of the game, your child will communicate online with family and friends who you designate and approve.
Privacy Policy
Your child’s privacy is important to us. We developed the Kidvelope Privacy Policy to give you information about how we use your child’s information or content that your child shares or provides on Kidvelope. By creating a Kidvelope account for your child and agreeing to these Terms on behalf of your child, you agree that we can collect, use and share your child’s content and information in accordance with the Kidvelope Privacy Policy.
Sharing Your Content and Information
Your child owns all of the content and information they share on Kidvelope. You can control whom they may share it with during the account registration process and through your account profile.
For content that may be protected by intellectual property rights, you (on your child’s behalf) grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use (i.e., use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of) any content that your child provides on or in connection with Kidvelope, as part of your child’s use of Kidvelope and subject to the limitations described in Kidvelope’s Privacy Policy.
Safety
While we cannot guarantee it, we do our best to keep Kidvelope online safe, and we developed Kidvelope with child safety as a priority. We also need your help; you agree (on behalf of your child) that your child will not:
* Share or communicate on Kidvelope unauthorized commercial communications (such as spam).
* Collect other Kidvelope players' content or information, or access others’ login or account information, without prior permission from such players and from Kidvelope.
* Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
* Use Kidvelope online to do anything unlawful, misleading, malicious, or discriminatory. Or do anything that could disable, overburden, or impair the proper working or appearance of Kidvelope or Kidvelope features or functionalities.
* Facilitate or encourage any violations of these Terms or our policies.
Registration and Account Security
When registering and maintaining the security of your child’s Kidvelope account, you agree (on behalf of yourself and your child) that:
* You and your child will not provide any false personal information on Kidvelope, or create an account for anyone other than your child.
* Children under 13 will not register for a Kidvelope account themselves, and will play Kidvelope online only with the consent of their parent or guardian.
* You will keep your and your child’s contact information accurate and up-to-date.
* You and your child will not share login information, let anyone access your child’s Kidvelope account other than you (and, if you are a child, your parent or guardian), or do anything else that might jeopardize the security of your or your child’s account.
* You and your child will not transfer your account to anyone without first getting our written permission, or that is not in accordance with our account registration terms.
Protecting Third Party Rights
Kidvelope players will not share or communicate content or do anything on Kidvelope that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information your child shares or communicates on Kidvelope if we believe it violates these Terms or our policies.
If a Kidvelope player repeatedly infringes other people's intellectual property rights, we have the right to terminate that Kidvelope online account or remove access to Kidvelope online as appropriate.
Devices and Notifications
Playing Kidvelope online is free with your purchase of the Kidvelope package. But, if you are playing Kidvelope on mobile or other devices, your carrier's normal rates and fees, such as text messaging and data charges if applicable, will still apply.
You agree to accept communications about your child’s account via notification, email or text message, as you set up in the Kidvelope registration process.
If and when Kidvelope makes an app available, and if you download it for use, you agree that periodically the app may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the app.
Kidvelope players will not modify, create derivative works of, decompile, or try to obtain source code from us, unless permitted to under an open source license, or we give you written permission.
Changes to Terms
We will notify you of any changes we make to these Terms. If as a result, you decide you no longer wish for you child to have access to Kidvelope online, you may notify us and we will remove your child’s access accordingly.
Your allowing your child’s continued use of Kidvelope, following notice of the changes to our Terms, policies or guidelines, constitutes your acceptance of our amended Terms, policies or guidelines on your child’s behalf.
Termination
We can stop providing access to all or part of Kidvelope online to any player who violates the letter or spirit of these Terms, or otherwise creates risk or possible legal exposure for us. A Kidvelope player may also terminate their account at any time.
Disputes
You will resolve any claim, cause of action or dispute (a “claim”) you or your child have with us arising out of or relating to these Terms or Kidvelope exclusively in the U.S. District Court for the Southern District of New York or a state court located in New York County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New York will govern these Terms, as well as any claim that might arise between you (or your child) and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your child’s actions, content or information on Kidvelope, you (on behalf of your child) will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for player conduct, we do not control or direct players' actions on Kidvelope and are not responsible for the content or information players share or communicate on Kidvelope, or for the conduct of players on Kidvelope.
Miscellaneous
These Terms are an agreement between you and Kidvelope and Kidvelope’s parent company, Lot 21 Media, LLC. References to “us,” “we,” and “our” mean Kidvelope and Lot 21 Media.
These Terms make up the entire agreement between the parties regarding your child’s use of Kidvelope, and supersedes any prior agreements.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to or waiver of these Terms must be made in writing and signed by us.
You (on behalf of your child) will not transfer any rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms will prevent us from complying with the law.
These Terms do not confer any third-party beneficiary rights.
We reserve all rights not expressly granted.
You agree that your child will comply with all applicable laws when playing or accessing Kidvelope.
Effective as of August 1, 2018
