Acceptance of Terms
Last Updated: Mar, 15 2016.
Kidzeboo AS ("Kidzeboo") provides its Service (as defined below) to you through its web site located at https://www.kidzeboo.com/ (the "Site"), subject to this Terms of Service agreement ("TOS").
By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
Kidzeboo may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at https://www.kidzeboo.com/terms/. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
Description Of Service
The "Service" includes (a) the Site, (b) Kidzeboo's presentation, sales, selling and donation of free item services and related technologies to help customers ("Customers") purchase, sell, receive and send items, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TOS.
Use Of The Service
Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Kidzeboo. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks. Unless you are a registered Partner, the Service is for your personal use and may not be used for direct commercial endeavors. You shall comply with any codes of conduct, policies or other notices Kidzeboo provides you or publishes in connection with the Service, and you shall promptly notify Kidzeboo if you learn of a security breach related to the Service.
Access To The Service
Any software that may be made available by Kidzeboo in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, if you are a Partner of Kidzeboo, Kidzeboo hereby grants you a personal, non- transferable, non-sublicensable and non-exclusive right and license to use the Software on the website URLs you provide in your Partner Account solely in connection with the Service, provided that, except for the source code of software made available by Kidzeboo pursuant to an open source license, you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Kidzeboo for use in accessing the Service. Any rights not expressly granted herein are reserved and, except as expressly provided herein, no license or right to use any trademark of Kidzeboo or any third party is granted to you in connection with the Service.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Service ("Your Content"), whether as a Partner, end-user or otherwise. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Kidzeboo reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, You hereby do and shall grant Kidzeboo a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. Kidzeboo has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that Kidzeboo may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
Operation Of Service
You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Kidzeboo's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Kidzeboo will have no liability to you for any unauthorised access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
Outbound Links And External Content
The Service may provide, or third parties such as Partners may provide, links or other access to other sites, and resources on the Internet. Kidzeboo has no control over such sites and resources, nor Partner sites and resources, and Kidzeboo is not responsible for and does not endorse such sites and resources. Such third parties or the applicable Partner, and not Kidzeboo, are the providers of other sites and resources and are solely responsible for providing any goods or services you purchase on third party or Partner sites ("Third Party Offers"). You further acknowledge and agree that Kidzeboo 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 content, events, or Third Party Offers available on or through any such site or resource. Any dealings you have with third parties (including Partners) found while using the Service are between you and the third party, and you agree that Kidzeboo is not liable for any loss or claim that you may have against any such third party.
Kidzeboo Community Services
Kidzeboo provides a variety of additional services to encourage communication and interaction between registered members of Kidzeboo. These services are referred collectively as ("Community Services") as a part of its Software. You remain solely responsible for Content published either publicly or privately from your Membership Account to other users or non users of Community Services. You agree to indemnify and hold harmless Kidzeboo our Partners and/ or agents with respect to any claim based upon or within Your Content. Kidzeboo reserves the right including and without limitation to reveal whatever information it deems as necessary about any Membership Account in the event of complaint or legal action arising from any published Content from any Membership Account. In using Community Services you agree not to use this platform to create or publish Content which is deemed vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented, or in violation of Norwegian and international law. You agree that Your Content does not contain material that infringes upon content that is protected by federal, state and international copyright and trademark laws, or other proprietary rights. When publishing Your Content with Community Services you grant full rights to the publication of Your Content within Community Services and Kidzeboo and that you can not later withdraw publication rights, including but not limited to the removal, editing, and/or modifying of the published content. Kidzeboo is not in whole or part responsible for the message, meaning or contents of Your Content including ccuracy of any details contained or referred to in Your Content. Kidzeboo reserves the right to delete any Content for any or no reason. Kidzeboo and Community Services complies with the Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA) requiring web sites to obtain parental consent before collecting, using, or disclosing personal information from children under 13. If you are below the age of 13 then you can NOT register as a member Kidzeboo and you cannot use or make use of Community Services.
The manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Kidzeboo shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. Further, Kidzeboo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party sites or services. As such, Kidzeboo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party site or service. Kidzeboo enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Right Of Provision
The failure of Kidzeboo to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Kidzeboo, even though it is electronic and is not physically signed by you and Kidzeboo, and it governs your use of the Service and takes the place of any prior agreements between you and Kidzeboo.
Promotion And Reference
If you are a Partner, Kidzeboo reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Kidzeboo's website and in other communication with existing or potential Kidzeboo partners. To decline Kidzeboo this right you need to email Partner Options stating that you do not wish to be used as a reference.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment method and provide Kidzeboo information regarding your credit card or other payment instrument. You represent and warrant to Kidzeboo that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address) that may occur. You agree to pay Kidzeboo the amount that is specified in the payment in accordance with the terms of the payment provider and this TOS. You hereby authorise Kidzeboo to bill your payment instrument and you further agree to pay any charges so incurred. We reserve the right to change Kidzeboo's prices. If Kidzeboo does, Kidzeboo will provide notice of the change on the Site or in email to you, at Kidzeboo's option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Items which you sell through Kidzeboo, or items which you opt to Giveaway for free through Kidzeboo with requirements of payment for postage, shipping or other courier delivery services require transaction of payment. Kidzeboo allows members to pay for items using PayPal or My Kidzeboo Wallet. When listing an item that requires transaction of payment you are responsible for ensuring that your Kidzeboo Account has a valid and current PayPal Account email address before listing your item in order to allow payment to you through PayPal. If your Kidzeboo Account does not have a valid PayPal Account email address your buyer's payment will be paid into My Kidzeboo Wallet as the buyers only other payment alternative. My Kidzeboo Wallet does not allow you to automatically withdraw or use available funds and monies for any purpose other than the listing of items for sale through the Kidzeboo service. Should you wish to request the withdrawal of funds paid to you by a Kidzeboo member because your account did not have valid PayPal Account payment details or you requested payment be made to My Kidzeboo Wallet in your item listing. You may do so by Requesting A Withdrawal. Withdrawals from My Kidzeboo Wallet cannot include in part or whole any free credit added to My Kidzeboo Wallet by Kidzeboo but can only be requested from monies paid to you by other Kidzeboo members for items sold. Withdrawals from My Kidzeboo Wallet incur a standard administration fee set at 5% of the requested sum. The ability to process any withdrawal request from My Kidzeboo Wallet is not expressly given or guaranteed by Kidzeboo and is wholly dependent upon the availabilty of your alternative payment provider to accept payment from My Kidzeboo Wallet where Kidzeboo is not responsible for any additional or incurred fees made or otherwise required by your alternative payment provider.
Where you opt to list items for sale you are responsible for the setting of the requested sale price. Kidzeboo does not set limit or offer in any way guarantee that any listed item will be sold for your requested sale price. Further, Kidzeboo does not offer guarantee that any listed item offered for sale or otherwise will be sold. You agree to pay Kidzeboo any fee or fees associated with your listing before the item is publicly viewable. Once your listing is viewable, fee or fees associated with the listing are non returnable and cannot be disputed in the event that any individual item is not sold at the users requested sale price.
Representation And Warranty
You represent and warrant to Kidzeboo that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your billing, posting and other activities (and allow Kidzeboo to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Kidzeboo's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
You have the right to terminate your account at any time by sending an email to Member Support.
Kidzeboo reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Kidzeboo believes that you have violated this TOS. Kidzeboo shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Kidzeboo will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Kidzeboo. All of Your Content on the Service (if any) may be permanently deleted by Kidzeboo upon any termination of your account in its sole discretion. All accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS, and all fees paid to Kidzeboo are non-refundable.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND KIDZEBOO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT KIDZEBOO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM KIDZEBOO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL KIDZEBOO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
Any claims made by or of you must be submitted to the County Court of Oslo, Norway. You are agree to the rulings of this court. Kidzeboo's liability will be limited to the greatest extent permitted by Norwegian law.
You shall defend, indemnify, and hold harmless Kidzeboo from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. Kidzeboo shall provide notice to you of any such claim, suit or demand. Kidzeboo reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Kidzeboo's defense of such matter.
Third Party Offers
If you are a Partner, you are the holder and issuer of each Third Party Offer you make available in connection with the Service. As a holder and issuer of the Third Party Offer, Partner represents, warrants and agrees that it shall fully honor and redeem all Third Party Offers and shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Third Party Offer or caused in whole or in part by Partner. Each Partner hereby waives, and releases and will hold harmless Kidzeboo and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any Third Party Offer or any act or omission of Partner in connection with a Third Party Offer or the services or goods provided in connection therewith and/or as it relates to compliance with applicable laws.
You may not assign this TOS without the prior written consent of Kidzeboo, but Kidzeboo may assign or transfer this TOS, in whole or in part, without restriction.
This TOS shall be governed by the laws of Norway without regard to the principles of conflicts of law. Unless otherwise elected by Kidzeboo in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the County Courts of Oslo for the purpose of resolving any dispute relating to your access to or use of the Service.