Kindertales Terms and Conditions Agreement

Last updated: February 25, 2018

 

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.kindertales.com website and Kindertales mobile application (the "Service") operated by Kindertales.com Inc. ("us", "we",  "our" or “Company”).

 

Please read these Terms and Conditions carefully before using our website and Kindertales mobile application (the "Service").

 

Your access to and use of the Service is based on your acceptance of and compliance with these Terms and our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service. We may modify these Terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Service. You should look at the Terms regularly. If you do not agree to the modified Terms, you should discontinue your use of the Service.

 

 

 

 

Accessibility

If you are having any trouble accessing these Terms or the Service, please contact us at 1-844-354-6337. Our hours of operations are 8:00 a.m. to 6:00 p.m. EST.

 

Authorized Use of Service

The Services are provided for your personal, non-commercial use and for informational purposes only. Any other use of the Service requires the prior written consent of Company.

 

Unauthorized Use of Service

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Service within another website. You may not resell use of, or access to, the Service to any third party without our prior written consent.

 

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support  team.

 

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. To see how we treat your credit card and personal information, please see our Privacy Policy.

 

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Free Trial

We may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

 

You may be required to enter your billing information in order to sign up for the Free Trial.

 

If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

 

At any time and without notice, we reserve the right to cancel such Free Trial offer.

 

Fee Changes

We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

We will provide you with a reasonable prior notice of a change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

Except when required by law, paid Subscription fees are non-refundable.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

 

By posting Content to the Service, which right to submit you agree constitutes good and valuable consideration, you grant us a worldwide, royalty-free, perpetual, revocable, non-exclusive, transferable and sublicensable right and license to use, copy, host, store, modify, perform, display, reproduce, publish, translate, create derivative works from, transmit, distribute, publicly perform and publicly display such Content (in whole or in part) on and through the Service and/or to incorporate them into other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in such content or information. You will not receive any compensation for this license. Other subscribers will not be able to see your Content. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You can end this license for specific content by deleting such Content except: (a) to the extent you shared it with others and they copied or stored it; (b) for the reasonable time it takes to remove from our backup and other systems; and (c) to the extent required for us to comply with certain legal obligations.

 

You represent and warrant that: (i) the Content is yours (you own it) or you have obtained all necessary rights or permissions required to use it, to make the Content available to us and to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service. We assume no responsibility for the deletion of or failure to store any Content and we recommend that you do not post, display, or transmit any confidential or sensitive information. We reserve the right, but not any obligation, and in our sole discretion to remove Content for any reason without prior notice.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of Company and are protected by copyright, trademarks, database and other intellectual property rights. Some materials on the Service belong to third parties who have authorized Company to display the materials, such as certain third party licensors.  You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Company or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. All rights not granted under these Terms and Conditions are reserved by Company.

 

No Ideas Accepted

We do not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us and you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

 

Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

 

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by us.

 

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

 

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

Indemnification

You agree to indemnify, defend and hold harmless Company, it’s principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands (including attorney’s fees and costs), arising from, or related to: (a) your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; (d) any activity related to your account, including any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means; (e) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (f) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (g) any misrepresentation made by you.

 

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR IT’S DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE OR FOR ANY DIRECT DAMAGES ABOVE WHAT YOU PAID TO COMPANY FOR PRODUCTS AND SERVICE, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Disclaimer And Non-Waiver of Rights

We make no guarantees, endorsements, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties, representations or conditions of any kind, whether express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance. Some jurisdictions do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisidiction’s law is applicable to you and these terms.

 

Kindertales, it’s subsidiaries, affiliates, and it’s licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Disclaimer And Non-Waiver of Rights

We make no guarantees, endorsements, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties, representations or conditions of any kind, whether express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance. Some jurisdictions do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisidiction’s law is applicable to you and these terms.

 

Kindertales, it’s subsidiaries, affiliates, and it’s licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Waiver

If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.

 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

 

Governing Law and Arbitration

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the State of Delaware and the laws of the United States of America, as applicable.

 

While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

 

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

 

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

 

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

 

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

 

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Privacy Policy

Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.


Contact Us

If you have any questions about these Terms, please contact us.

 

Kindertales Childcare Management Software

info@kindertales.com

 

T | 1.844.3.KINDER (546337)
       Toll Free US & CAN

T | +1.905.361.0343 - International

W | https://www.kindertales.com

 

1201 Peachtree Street

400 Colony Square

Suite 200

Atlanta, GA 30361

Contact & Support

Information:

info@kindertales.com

Office:

1201 Peachtree Street

400 Colony Square

Suite 200

Atlanta, GA 30361

©Kindertales