TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES AND DIGITAL CONTENT
This agreement was written in English. To the extent that any translated version of this agreement conflicts with the English version, the English version prevails.
Date of last revision: 20 September 2018
1 INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Kidbizo ICO (“Kidbizo.io”).
How to contact us. You can contact us via https://kidbizo.io/contact-us/.
How we may contact you. If we have to contact you we will do so by telephone you at the telephone number you have provided to us or by writing to you at the email address you have provided to us.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
References to clauses. References to clauses are to clauses of these terms. Clause headings. Clause headings do not affect the interpretation of these terms.
You accept to these Terms when you purchase Kidbizo ICO. (Kidbizo)’s kidbizo tokens, token pledges (“Tokens”) or use Kidbizo ICO. (“Kidbizo Parties”) services or any other features, technologies or functionalities offered by Kidbizo ICO on Kidbizo website at www.Kidbizo.io (collectively, “Site”) or through any other means (collectively, “Services”).
By accessing and using the kidbizo.io, its subdomains including free.Kidbizo.io or .com or other sites owned by us, website (our or this “Website”), you agree to the following terms of use as they may be modified, changed, supplemented or updated from time to time (collectively, these “terms”), as well as all applicable laws and regulations.
Please read the following terms and conditions carefully. If you do not agree to all of these terms, please do not use this Website or any
information, links or content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of the terms set forth below including our Privacy Policy which is hereby incorporated in these terms by reference. If you are using our Website on behalf of your organization, that organization accepts these terms.
These terms may be modified, changed, supplemented or updated by Kidbizo team (“kid”, “we”, “us” or “our”) in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. Your continued use of this Website will confirm your acceptance of these terms as modified, changed, supplemented or updated by us. If you do not agree to such revised terms you must stop using this Website and any information, links or content contained on this Website.
Use of Website
The purpose of our Website is to provide you with some general information about the software and or offerings being developed by (“Kidbizo Parties”). You must not breach any of the following terms or our Acceptable Use Policy set out below.
Open Source Intellectual Property
We may make (but are not obligated to make) the intellectual property we develop available for download as open source. You agree to be bound by, and comply with, any license agreement that applies to this open source intellectual property. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source intellectual property. When we host any intellectual property and enable you to access and use such intellectual property through our websites including this Website, then these terms will apply to such access and use, as well as any license agreements that we may enter into with you.
Third Party Content
We may display third-party content, advertisements, links, promotions, logos and other materials on our Website (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party
sites linked to our Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.
User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency wallet address, text, code or other information and materials, sign up to our mailing list or create an account on our Website (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Website do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via our Website or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our Website, and you represent and warrant that
(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms;
(ii) your User Content will not violate any agreements or confidentiality obligations; and
(iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity. You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by the third Parties (as defined below) or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity. By posting, uploading, inputting, providing or submitting your User Content to us, you grant kidbizo.io , its affiliates and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others. You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at support@kidbizo.io, so that we can communicate with you effectively and provide accurate and up to date information to you. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach or misuse of our Website or if you breach any of your obligations under these terms or the Privacy Policy, we may suspend your use of this Website at any time and for any reason. Any User Content submitted by you on this Website may be accessed by us globally.
Feedback
If you decide to submit questions, comments, suggestions, ideas, original or creative materials or other information to us (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from us. Feedback does not include User Content. We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback.The purpose of these terms is to avoid potential misunderstandings or disputes if kidbizo.io products, services, business ideas or business strategies might seem similar to ideas
submitted to us as Feedback. If you decide to send us Feedback, you acknowledge and understand that the kidbizo.io Parties make no
assurances that your Feedback will be treated as confidential or proprietary.
Aggregate Information
We may gather information and statistics collectively about all visitors to this Website which may include the information supplied by you. This information helps us to design and arrange our Web pages in a user-friendly manner and to continually improve our Website to better meet the needs of our Website users. We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy.
Intellectual Property
(“Kidbizo Parties”) and its licensors retain all right, title and interest in and to this Website and its products and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on our Website and nothing on this Website may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission. (“Kidbizo Parties”) reserves all rights not expressly granted.
Any unauthorised reproduction is prohibited.
You may only access, use and print the information and material on this Website for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialise, publish or create derivative works from any part of the content, format or design of this Website. If you seek to reproduce or otherwise use the content on this Website in any way it is your responsibility to obtain approval from us for such use.
Nothing in these terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of (“Kidbizo Parties”) or any third party, whether by estoppel, implication or otherwise.
Acceptable Use Policy
You must only use the content or services provided through this Website for their stated purpose. You must not use this Website to:
a. publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libellous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
b. display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
c. interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Website;
d. violate any applicable laws or regulations;
e. use this Website or links on this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Website or links on this Website or that could damage, disable, overburden or impair the functioning of this Website or our servers or any networks connected to any of our servers in any manner;
f. create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person
or a representative of another entity including, but not limited to, an authorized user of this Website or a Kidbizo representative, or
fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
g. mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
h. disguise the origin of any material transmitted through the services provided by this Website (whether by forging message/packet
headers or otherwise manipulating normal identification information);
i. violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
j. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
k. send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material;
l. access any content, area or functionality of this Website that you are prohibited or restricted from accessing or attempt to bypass or
circumvent measures employed to prevent or limit your access to any content, area or functionality of this Website;
m. obtain unauthorised access to or interfere with the performance of the servers which host this Website or provide the services on this Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
n. attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of
our servers through hacking, password mining, or any other means;
o. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or its services;
p. harvest or otherwise collect, whether aggregated or otherwise, data about others including names, e-mail, wallet addresses and/or distribute or sell such data in any manner;
q. use any part of this Website other than for its intended purpose; or
r. use this Website to engage in or promote any activity that violates these terms.
s. Our Services and Digital Content are provided to you: “As is” (without modification as a standard offering which is not bespoke to your requirements); “As available” from time to time: we do not guarantee the continuity or availability of the Services or Digital Content which may be suspended or withdrawn in whole or in part at our absolute discretion; Presently without charge to you, however we reserve the right to apply charges in respect of future use and/or access to any updated Digital Content that we make available from time to time; and On the basis that your use of the Services and Digital Content is at your risk and that you agree to hold us harmless from any liability in relation to your use of the Services and Digital Content.
NEW RELEASES AND UPDATES
We may provide to you free supplementary software code or updates of the Digital Content. If we do so, you must install all such supplementary software code or updates promptly upon release.
If we make supplementary software code or updates available to you in order to address security or other issues which we (at our absolute discretion deem critical), you must install such supplementary software code or updates. If you choose not to do so you may not be able to continue using our Services or the Digital Content and you acknowledge the security risks of using outdated Digital Content.
OUR OBLIGATIONS TO YOU
Our Digital Content is provided to you on an “as is” basis. You accept responsibility for selection of the Digital Content to achieve your intended results and acknowledge that the Digital Content has not been developed to meet your individual requirements.
Due to the nature of software, we cannot warrant that your use of the Digital Content will be uninterrupted or error-free. Whilst we take all reasonable precautions to ensure that the Services and Digital Content are secure, we cannot guarantee that the Services and Digital Content are immune from various forms of attack by malicious third parties.
During periods of high demand users may experience transaction delays or (in a minority of circumstances) failures. You acknowledge that the service or the Digital Content may be subject to limitations, delays and other problems inherent in the use of blockchain technology and internet communications facilities.
We may limit or restrict your access to the Services or Digital Content in order to perform maintenance, updates or improvements.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to these terms, our Services or the Digital Content, whether express or implied.
Inherent in the Internet or in Blockchain, use of the Internet may not be secure. You agree that “kidbizo Parties” is not responsible for any damages caused by the interception, loss or alteration to any information sent over the Internet. We take reasonable steps to ensure the security and privacy of any information transmitted during your use of our Services, in no event will any such information be considered “confidential” or will its disclosure to a third party, accidental or otherwise, cause liability against “kidbizo Parties”, even if it occurs as a result of our negligence. “kidbizo Parties” takes every reasonable precaution to prevent and mitigate attacks. However, these problems still may occur from time to time for reasons that are out of our control. If “kidbizo Parties” believes its Site or any Tokens located on the Site has been compromised or is under attack, “kidbizo Parties” reserves the right to immediately stop all Services provided through the Site. If it is determined that such an attack caused an associated Token to rapidly lose value or otherwise cause or threaten to cause damage to the Site, or other users, “kidbizo Parties” may immediately discontinue all activity regarding to such Token entirely at its own discretion. Resolution concerning deposits, withdrawals, Account balances, Services or other disputes related to an attacked Token will be determined on a case-by-case basis. “kidbizo Parties” makes no representation and does not warrant the safety of the Site and is not liable for any lost value or stolen property, regardless of whether “kidbizo Parties” was negligent in providing appropriate security.
REGULATORY STATUS
(Kidbizo.io) is not currently regulated within England and Wales as an investment product. This means that it does not benefit from protections such as the Financial Services Compensation Scheme or the Financial Ombudsman Service.
We do not warrant, represent or guarantee that your use of our Services or the Digital Content is appropriate for use or available in your territory. You are responsible for ascertaining and monitoring the legal status of our Services and Digital Content in your territory and you do this at your own risk. We will comply with all relevant cryptocurrency laws in England and Wales.
TAXATION
We make no representation as to the tax status of your use of our Services or Digital Content.
You are solely responsible for determining your tax liability in relation to your use of our Services and Digital Content and must take your own tax and other professional advice in your territory.
INFORMATION PROVIDED BY US
The information provided by us is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information provided by us. In no way should our Site or provision of Services be considered legal, financial or any other kind of specialized or expert advice on which the User might detrimentally depend, causing liability against “kidbizo Parties”. In using the Site, you represent and warrant that you have sought any legal, financial or otherwise specialized advice from an expert qualified to provide such counsel, or else you have the sufficient knowledge and sophistication to evaluate the risks and merits associated with Blockchain and/or Token management and offerings and to competently use our Services. We give no warranty regarding the suitability of any Tokens or our Services and assume no fiduciary duties to you. You represent and warrant that you understand that any recommendations or commentary made by “kidbizo Parties” or its employees or other users should be considered generalized in nature, and you should use your own judgment or seek the advice of an expert before taking any action regardless of such statement. We give no assurance as to the accuracy or completeness of any such statement.
USER RESTRICTIONS
Our Services and Digital Content are directed at users aged 18 or older only. Where we have reason to believe you are under the age of 18, we reserve the right to take any action in our sole discretion.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
When you use the Online Wallet or App, you will be asked to provide a password and pin number. You must keep your password, pin number and all other information provided as part of our security procedures safe and confidential. You must not disclose this information to any third party.
You must use a unique password and pin number which you do not use for any other service, product or digital content. You are responsible for ensuring and maintaining the security of any device on which you use or access our Services or Digital Content.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at https://kidbizo.io/contact-us/.
YOUR WALLET ID
For security and technical operational purposes, we may in exceptional circumstances need to change your wallet ID. Where we need to do so we will provide you with reasonable notice and you agree to provide us with all reasonable information and assistance in making such changes.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “kidbizo Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Website, products or services; (ii) your User Content; (iii) any Feedback you provide; or (iv) your violation of these Terms.
We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and kidbizo.
Disclaimer
THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS, ADEQUACY, AVAILABILITY, SUITABILITY OR OPERATION OF THIS WEBSITE, ANY PRODUCTS OR SERVICES WE MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS. EACH OF THE KIDBIZO PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION:
(A) ANY WARRANTY WITH RESPECT TO THE CONTENT, INFORMATION, DATA, SERVICES, AVAILABILITY, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE;
(B) ANY WARRANTIES THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS;
(C) ANY WARRANTIES THAT THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS PROVIDED THROUGH IT ARE ERROR-FREE OR THAT DEFECTS IN THIS WEBSITE, ITS CONTENT OR SUCH SERVICES OR PRODUCTS WILL BE CORRECTED;
(D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(E) ANY WARRANTIES THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT; AND
(F) ANY WARRANTIES OF NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THIS WEBSITE. THE KIDBIZO PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS PRODUCTS, SERVICES AND/OR THE MATERIALS DESCRIBED ON THIS WEBSITE AT ANY TIME.
In addition, to the maximum extent permitted by law, none of the Kidbizo Parties shall be responsible or liable for:
a. any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Website or any of its content;
b. any reliance on, or decision made on the basis of, information or material shown on or omitted from this Website;
c. any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or
appointment advertised on this Website (if any) and any representation or otherwise that we have or will ask for a candidate’s
information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs;
d. any matter affecting this Website or any of its content caused by circumstances beyond our reasonable control;
e. the performance of this Website and any fault, delays, interruptions or lack of availability of this Website and any of the services or products provided through this Website, which may occur due to increased usage of this Website, intermittent failures of this Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
f. any information or material on any website operated by a third party which may be accessed from this Website.
IN NO EVENT WILL THE KIDBIZO PARTIES BE RESPONSIBLE OR LIABLE FORANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES) REGARDLESS OF WHETHER THE KIDBIZO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH:
(A) THE USE OR PERFORMANCE OF THIS WEBSITE;
(B) ANY PROVISION OF OR FAILURE TO PROVIDE THIS WEBSITE OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY LINKS ON OUR WEBSITE);
(C) ANY INFORMATION AVAILABLE FROM THIS WEBSITE;
(D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY;
(E) UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE TRANSMISSION OF DATA OR CONTENT TO OR FROM US; OR
(F) THE FAILURE TO RECEIVE IN ANY WAY THE TRANSMISSION OF ANY DATA, CONTENT, FUNDS OR PROPERTY FROM YOU. IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE KIDBIZO PARTIES ARISING UNDER THESE TERMS EXCEED $5.00 USD.
General
Which laws apply to these and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
We are not responsible for events outside our control. If the provision of our Services or the Digital Content is delayed or prevented by an event outside our control then we will take steps to minimise the effect of the delay and we will not be liable for delays caused by the event.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always use our reasonable endeavours to notify you of this in writing if this happens.
You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person unless we specifically agree to this in writing.
We are not your partners or agents. Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between us and you, constitute either us or you as the agent of any other party, or authorise us or you to enter into any commitments for or on behalf of any other party.
Nobody else has any rights under these terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein. If you have any questions regarding these terms, please contact us at support@kidbizo.io.