Terms & Conditions

 

Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the website located at https://www.kiddiescity.com (referred to herein as the “website”) and your relationship with Kiddies City, and all individuals and companies associated with this website. If you do not agree to these Terms and Conditions, do not use the website. By using the website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

General Terms and Conditions

By using the website, including any software and content contained therein, you agree that use of the website is entirely at your own risk. The website is provided to you as a convenience to provide general information about the Kiddies City apps, but we do not guarantee the accuracy, or completeness of the information.

THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Disclaimers

KIDDIES CITY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KIDDIES CITY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KIDDIES CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIDDIES CITY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KIDDIES CITY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KIDDIES CITY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Kiddies City, and is protected by trade laws, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Kiddies City reserves the right to ban any such activity.

User Conduct On the website

While using the website, you may not: (1) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or (2) upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under European copyright laws; or (3) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the European export laws and regulations; or (4) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or (5) restrict or inhibit any other user from using and enjoying the website; or (6) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming or flooding; or (7) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (8) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component. We have no obligation to monitor the website. You acknowledge and agree, however, that we do retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

Links from and to the website

You acknowledge and agree that Kiddies City and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by Kiddies City or its business affiliates or customers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not 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 such external sites or resources. You agree to defend, indemnify and hold Kiddies City and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website or the placement or transmission of any message, information, software or other materials through the website by you or users of your account or related to any violation of these Terms and Conditions.

Privacy

Kiddies City’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Indemnity

You agree to indemnify and hold Kiddies City, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kiddies City by any third party due to or arising out of or in connection with your use of the Site.

Miscellaneous

The Terms and Conditions and the relationship between you and Kiddies City shall be governed by the laws of Germany, without regard to its conflict of law provisions. You and Kiddies City each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Lower Saxony, Germany. The failure of Kiddies City to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties, intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Last updated on Oct 2017

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