Terms of Service

1. The services we provide

Our mission is to foster a vibrant community among Parents, Kids, and Educators by providing a dynamic platform where kids can learn, share, and unleash their boundless creativity.

Provide a personalized experience for Kids:

Kids experience on DKC is unlike from anyone else’s: from quizzes, skill sharing, stories, and fun activities.

Empower you to express yourself and communicate about what matters to you:

There are many ways to learn and express creativity – for example, sharing stories, travel experience, fun activities etc.

Promote the safety, security, and integrity of our services:

We are dedicated to detect potential misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include - notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.

Ensuring access to our services:

To operate our global services and enable you to connect with people around the world, we need to transfer, store and distribute content and data to our servers, partners, service providers, vendors and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our services. This infrastructure may be owned, operated, or controlled by DKC or its affiliates.

2. Eligibility

By agreeing to these Terms, you represent and warrant to us that:

• (a) you are at least 13 years old
• (b) you have not previously been suspended or removed from the Service
• (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations
• (d) If you are under the age of 13, you represent that you have your Parent’s permission to use the Service.

If you are an Educator accessing the Service on behalf of a school or other entity, organization, or company, then (a) references to “you” in these Terms includes that entity, and (b) you represent and warrant that you are authorized to enter into these Terms on behalf of such entity.

If you are a Parent who allows your minor children to use the Service through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service.

3. Accounts and Registration

When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us.

4. Guidelines for use

We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product or Service, you agree to abide by these Guidelines, which are as follows:

• (a) You will comply with all applicable law;
• (b) You will not upload, post, send, email or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
• (c) You will not act in any way is fraudulent, false, misleading, deceitful, or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
• (d) You will not upload, post, send, email or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threating, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
• (e) You will not upload, post, send, email or otherwise make available any material which would reveal the personal information of another individual;
• (f) You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
• (g) You will not engage in any unsolicited or unauthorized advertising, nor will you send, post any spam;
• (h) You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
• (i) You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of the any third party;
• (j) You will not send, post any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
• (k) You will not engage in market research, or any research intended to help a competitor;
• (l) You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
• (m) You will not block or cover any advertisements on the website;
• (n) You will not collect personal information about another user or third party without consent;
• (o) You will not interfere with or disrupt any network, equipment, or server connected to or used to provide the Services;
• (p) With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email or otherwise make available any material, we have right to display, repurpose or otherwise use such material in any way; and
• (q) You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.

We reserve the right to deny you access to the website any Products in our sole discretion at any time and for any reason.

5. Content

Definition

The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

User Content

Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

By providing User Content to or via the Service, you grant DKC a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

DKC shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Notices and Restrictions

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use License

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Availability of Content

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.

Confidential Information

You should not upload, post, send, email, or otherwise make available any material that contains any confidential information.

6.Intellectual property

The Service is owned and operated by DKC. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by DKC are protected by intellectual property and other laws (whether registered or unregistered). All Materials included in the Service are the property of DKC or its third-party licensors.

While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:

• (a) Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
• (b) You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.

It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us using the contact information provided below.

7. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us through the detail in the contact us section below.

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:

• (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
• (c) a description of the material that you claim is infringing and where it is located on the Service;
• (d) your address, telephone number, and email address;
• (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

8. No warranties

Your use of this website and any Products is entirely at your risk, as the website and our Products or Services are provided on an “as is” and “as available” basis. We do not make any express or implied warranties or representations relating to the website, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any express or implied warranties or representations that the website will operate without error or that the website, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features. Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.

9. Limitation of Liability

To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring.

This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.

10. Indemnification

You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.

11. Limited License

Notwithstanding any other provisions in this Agreement, if you purchase any Products, subscribe to applications or services, or download any of the content, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the materials for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our materials for any commercial or non-personal use.

Your License or subscription is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products, Services and invoice you for any damages.

12. Price

DKC reserves the right to determine pricing for the Service. DKC will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. DKC may change the fees for any feature of the Service, including additional fees or charges, if DKC gives you advance notice of changes before they apply. DKC, at its sole discretion, may make promotional offers with different features and different pricing to any of DKC!’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

13. Authorization

You authorize DKC to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by DKC, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, DKC may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

14. Subscription Service

The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize DKC to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.

The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see https://www.digitalkidsclub.com/plans.

UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME YOU ACTIVATE THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT.

We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by following the instructions here or contacting us through the contact information provided in the contact us section below.

15. General Payment Terms

Although DKC may, in its discretion, make certain features and content of the Service available free of charge to certain users, other features of the Service may require you to pay fees in accordance with the pricing terms. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

16. Delinquent Accounts

DKC may suspend or terminate accounts to the Service, including fee-based portions of the Service for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

17. Repeat Infringers

We will promptly terminate the accounts of users that are determined by us to be repeat infringers.

18. Third Party Services and Linked Websites

We may provide tools through the Service that enable you (if you are at least 13 years of age) to export information, including User Content, to third party services. By using one of these tools, you agree that DKC may transfer that information to the applicable third party service. Third party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.

19. Availability

We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Service.

20. Refund policy

We reserve the right to change our refund policy at any time. We do not offer refunds for any of our Products under any circumstances.

21. Governing Law

All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the State of California, United States of America without regard to conflicts of laws principals that would require the application of any other law.

22. Binding Arbitration

In the event that either party asserts that there is a dispute arising out of or relating to this Agreement, such party shall first notify the other party in writing, specifying the nature of the dispute and scheduling a meeting to attempt to resolve the dispute.

If no resolution is reached within thirty (30) calendar days of the delivery of the written notice, either party may then elect to exclusively and finally resolve the dispute by binding arbitration by filing a written notice of arbitration in accordance with this section under the subheading “Binding Arbitration” and the Rules of Conciliation and Arbitration of the International Chamber of Commerce applicable at the time of submission of the dispute to arbitration (the “ICC Rules”).

Notwithstanding anything to the contrary in the ICC Rules, the following terms and conditions shall apply.

The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall have the right to appoint one (1) arbitrator within fifteen (15) days following the delivery of the written notice of arbitration, and a third arbitrator shall be selected by those two (2) party-appointed arbitrators within thirty (30) days of the appointment of the two (2) party-appointed arbitrators.

The arbitration proceedings shall be held in Newark, California, United States of America in the English language.

The parties shall equally bear the costs and fees of the arbitration, and each party shall bear its own cost for its own legal expenses. The arbitrators shall apply the substantive law set forth in the section of this Agreement under the subheading “Governing Law”. Any arbitration proceeding shall be conducted on a confidential basis.

The arbitrators shall specify the reason and basis for their decision, the reason for any damages awarded and the breakdown for such damages awarded, and the basis for any other remedy authorized under this Agreement, including but not limited to injunctive relief or specific performance. For the avoidance of doubt, nothing in this Agreement shall prevent us from seeking injunctive or other equitable relief.

The decision of the arbitrators shall be considered as a final and binding resolution of the dispute, shall be final and binding on the parties, and shall not be subject to appeal or reexamination. The award of the arbitrators may be entered as a judgment and enforced by any court of competent jurisdiction.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDINGS, ACTION OR COUNTERCLAIM.

23. Injunctive or other equitable relief

We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of the State of California, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.

24. Class action waiver

You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INVIDUAL CAPACITY AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASSOR AS A REPRESENTATIVE.

25. Entire agreement

This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.

Termination of Agreement

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us through the contact information provided in the contact us section below. We also reserve the right to discontinue any or all of the Service at any time and for any purpose without prior notice.

Severability

If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.

26. No Support

27. Feedback

28. MISCELLANEOUS

Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.

Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.

29. HOW TO CONTACT US

If you have any questions, please contact us using the information below.

• By email: team@digitalkidsclub.com
• By contact form: here