If you have any questions please contact us at email@example.com.
A Note to International Users
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. We make no representations that Services are appropriate or available for use in your country. Those who access or use the Services from the jurisdictions where we do not operate do so at their own volition and are responsible for compliance with local law.
A Note About Children
Acknowledgement / Apple App Store
You may not use the Services for commercial purposes or in any way that is unlawful, or harms IntellectoKids or any other person or entity.
YOU ACKNOWLEDGE AND AGREE THAT SHOULD INTELLECTOKIDS PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF INTELLECTOKIDS. IntellectoKids does not recognize the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of IntellectoKids. Any attempt to do so shall be void and of no effect.
Conduct Through the Service
You are solely responsible for your conduct through the Services and agree that you will not:
4.1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Services any:
- pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
- material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by IntellectoKids in its sole discretion;
- material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
- files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Site, Services, other users’ access to the Site or Services and/or other users’ computers.
4.2. Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
4.3. Violate any applicable laws or regulations, or promote or encourage any illegal activity.
4.4. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a IntellectoKids representative.
4.5. Gain or attempt to gain unauthorized access to the Services, Site, to other users’ account or profile information, or to computer systems and/or networks connected to the Services or Site.
4.6. Make false reports through the Services or to IntellectoKids’s administrators.
4.7. Take any action that imposes or may impose (as determined by IntellectoKids in its sole discretion) an unreasonable or disproportionately large load on IntellectoKids’s (or its Affiliates’ or third party providers’) infrastructure.
4.8. Engage in fraudulent transactions.
4.9. Establish more than one account to participate in Services.
4.10. Use the Services for any form of wagering or gambling.
You are also solely responsible for your interaction with other users of the Services, whether online or offline. You agree that IntellectoKids is not responsible or liable for the conduct of any user. IntellectoKids reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You also hereby agree that you are responsible for all data charges you incur through use of the Services.
Intellectual Property Information
“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Services. This includes support forums, message boards, chat, and other original content. IntellectoKids owns, or has a license to, all right, title and interest in the IntellectoKids Content it makes available through the Services. Except for any rights specifically enumerated as being licensed to you hereunder, IntellectoKids reserves any and all of its rights to the IntellectoKids Content. You are only permitted to use the IntellectoKids Content as expressly authorized by IntellectoKids or the specific Content provider.
5.2. Specific License and Restrictions
By use of the Services 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 Site, Applications, Services or Content in any way inconsistent with the rights of use provided by IntellectoKids herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of IntellectoKids; (iii) attempt to access source or object code of the Site, Applications or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Services; (v) create code, software or other program that incorporates any elements of the Services; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.
5.3. Your Grant of Rights
If IntellectoKids provides the ability for you to submit Content to the Services, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that you submit, or have sufficient rights to submit the Content to the Services without infringing any third-party rights. IntellectoKids does not claim any ownership rights in any Content that you may submit or offer through the Service. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to IntellectoKids to:
- use, reproduce, distribute, remove, and analyze any of your Content as IntellectoKids may deem necessary or desirable for any purpose in connection with the operation of the Services, and
- copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with IntellectoKids or the Services in any media, and
- use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Services, and
- delete any or all of your Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
- enable the Services or users of the Services to share or post your Content on third party sites, such as, without limitation, on social networking sites.
5.4. Submission of Ideas
To the extent that you submit, via the Services 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 Services, you agree that such Ideas are non-confidential and non-proprietary, and IntellectoKids shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant IntellectoKids, 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 Services, or any IntellectoKids product or service, without compensation or accounting to you and without further recourse by you.
Charges and Billing
6.1. Paid License
To the extent that IntellectoKids establishes aspects of the Services are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.intellectokids.com. THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES.
Third Party Websites and Information
The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under IntellectoKids’s control, and you acknowledge that IntellectoKids is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is IntellectoKids responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
Our Services may, at some point, include advertisements for parents, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertisements on the Services are also subject to change over time. In consideration of our providing you with the Services, you agree that we and our third party providers and partners may place advertisements on our Services or in connection with the display of content or information on our Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Payments for Premium Services or In-App Purchases
If you purchase any Premium Services or make any purchases within the Application (such purchases, the “In-App Purchases”), you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by IntellectoKids or the online application store from which you downloaded the Application (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing services and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Service is terminated. You agree that if you purchase Premium Services or make any In-App Purchases through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of services or other legal agreement that governs your use of a given payment processing services and/or method, and in no event will IntellectoKids have any responsibility in connection with any of the foregoing. You may request a full refund for any Premium Service or In-App Purchases purchase from an Application Store if permitted by, and pursuant to the refund rules of the Application Store.
If you are having a technical problem with the Services, including any Application, you may ask for technical support by writing to firstname.lastname@example.org. When writing to us, please be sure to tell us which Application you’re using, where in the Application it crashed, and the device you’re using. We’ll do our best to help you solve any technical problem, but we don’t warrant, and specifically disclaim, that we will be able to resolve all technical issues.
Procedure for Alleging Copyright Infringement
IntellectoKids will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act.
12.1. Notification of Alleged Copyright Infringement
If you believe in good faith that materials hosted by IntellectoKids infringe your copyright (for example, materials posted by a user on the Services), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
- Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Services are covered by a single notification, you may provide a representative list of such works on the Services, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
- Identification of the URL or other specific location on the Services that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;
- Your name, address, telephone number and email address (if available);
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 8.1, your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to IntellectoKids’s DMCA Agent by fax, mail, or email as set forth below:
8-12 New Bridge Street
London, EC4V 6AL
Email: email@example.com with the subject line “Copyright Policy – DMCA Notification.”
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Services are infringing a copyright.
12.2. Counter Notification
If you believe in good faith that your own copyrighted material has been removed from the Services as a result of mistake or misidentification, you may submit a written counter notification letter to IntellectoKids’s DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or the judicial district where IntellectoKids is located if your address is outside the United States;
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
- Your name, address and telephone number;
- A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Site location and will no longer be shown or accessible; and
- Your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements of this Section 8.2, your DMCA counter notification will not be valid.
You may submit your counter notification to IntellectoKids’s DMCA Agent by fax, mail, or email as set forth below:
8-12 New Bridge Street
London, EC4V 6AL
Email: firstname.lastname@example.org with the subject line “Copyright Policy – DMCA Counter Notification.”
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received by IntellectoKids’s DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that IntellectoKids may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against IntellectoKids or the user, the removed content may be replaced or access to it restored by IntellectoKids.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
12.3. Account Termination
Please be aware that it is IntellectoKids’s policy to terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to IntellectoKids that the user is a repeat infringer.
If you provide false information to IntellectoKids regarding any of the above notifications, counter-notifications or repeat infringer notifications, IntellectoKids may immediately terminate your user account and you may be subject to legal and equitable remedies.
Disclaimer of Warranties; Limitation of Liability
Neither IntellectoKids nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “IntellectoKids 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 Services.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES 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 SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
INTELLECTOKIDS MAKES NO COMMITMENT TO UPDATE ITS SERVICES. 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 SITE, APPLICATIONS AND SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE INTELLECTOKIDS PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTELLECTOKIDS IS TO STOP USING THE SERVICES, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE INTELLECTOKIDS 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 INTELLECTOKIDS 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 SERVICES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE INTELLECTOKIDS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with IntellectoKids must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Services Termination, Suspension and Changes
Although it is IntellectoKids's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Survivability of Terms
The Services (excluding any linked websites) is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site, Applications and Services. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The parties agree that any arbitration shall be limited to the Dispute between you and IntellectoKids 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.
If you have a dispute with another user of the Services, you release IntellectoKids (and IntellectoKids’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. IntellectoKids, at its sole discretion, may try to help resolve disputes between users; however, it has no obligation to do so.
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 this Agreement shall be written in the English language. Notices to IntellectoKids must be sent to the attention of Customer Service at email@example.com, if by email, or to IntellectoKids 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 Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may contact IntellectoKids at the following address:
8-12 New Bridge Street
London, EC4V 6AL
Effective Date: March 3rd, 2020