These Terms and Conditions (the “Terms”) govern your interactions with Kidpost, Inc., and your use of any services provided by Kidpost, Inc. (each a “Service” and, collectively, the “Services”), including without limitation your use of kidpost.net (the “Site”) and iOS, Android and/or other mobile platform applications (collectively, the “Application”). These terms represent a binding, enforceable contract between you and Kidpost, Inc., along with its respective directors, officers, employees, agents, partners, affiliates, attorneys, successors and assigns (collectively, “Kidpost”). By using the Site, the Application or the Services, you are agreeing to be bound by these Terms, and you should not access or use the Site or the Application or register for the Services if you are unwilling or unable to be bound by these Terms. As used herein, “you” and “your” refer to you, as a user of the Services, the Site, and/or the Application.
Notwithstanding the foregoing, however, you may not accept any of these Terms if: (i) you are not of legal age to form a binding contract with Kidpost; (ii) you are under the age of 18 (regardless of your legal status); (ii) you do not have the requisite power and authority to enter into these Terms; (iv) you are a competitor of Kidpost or we have previously banned you from using the Services, the Site and/or the Application or terminated your account; or (v) you are otherwise barred from entering into an agreement with Kidpost under the laws of the country, state or territory in which you reside.
- SERVICES: The Services provided by Kidpost enable you to bundle up your kid-related content from all of your social network accounts (e.g., Facebook, Instagram, Twitter, Flickr, etc.) into a private email that is sent to third parties of your choosing, such as family members and friends (the “Email Recipients”). Once you authorize Kidpost to access your various social media accounts, it will monitor the posts that you tag appropriately and will aggregate them automatically. As the account holder, you will control the content of the emails and who receives them, and you can add as many as 100 people to your email group. In addition, Kidpost may, but is not obligated to, offer paid upgrades, premium services and/or paid/subscription services. In the event that such paid upgrades or services are offered, the terms by which such are offered (including prices) will be provided in connection with your sign up and/or authorization for such services and such shall be automatically incorporated herein by reference. Any Services, as well as the Site and/or the Application, can be modified, replaced or terminated at any time in Kidpost’s sole discretion, for any reason or no reason, and without notice to you.
Some of the Services require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. Under no circumstance shall you be entitled to relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Kidpost may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. Purchases of Paid Services are final and non-refundable, except at Kidpost's sole discretion and in accordance with the rules governing each Paid Service. Termination of your account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
Kidpost reserves the right to alter its prices and/or the availability for Paid Services at any time. Kidpost will provide notice of pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. Your only remedy if you do not wish to pay the new prices, is to choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
- MODIFICATIONS: Kidpost reserves the right to amend, update, revise, supplement, and otherwise modify these Terms at its option and without notice to you. The most current version of the Terms will, unless otherwise designated, be available on the Site. Any such modifications will be deemed effective immediately and incorporated by reference into these Terms as additional terms. Kidpost encourages you to regularly check for updates, as they may involve important changes affecting your legal rights. YOU UNDERSTAND AND AGREE THAT YOUR CONTINUED ACCESS TO OR USE OF THER SERVICES, THE SITE, AND/OR THE APPLICATION AFTER THE EFFECTIVE DATE OF ANY MODIFICATIONS TO THESE TERMS INDICATES YOUR ACCEPTANCE OF SUCH MODIFICATIONS. In addition, Kidpost may, but does not have to, translate these Terms into other languages; however, the English version governs your relationship with Kidpost, and any inconsistencies among the different versions will be resolved in favor of the English version.
- Definitions: “Content” means any text, images, photos, video, location data, layouts, graphics, user interfaces, logo designs, sounds, music, artwork, computer code, and all other forms of data or communication without limitation, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content. “User-Generated Content” shall mean any Content making up, or submitted or transmitted to, through or in connection with, the Services, the Site and/or the Application by a Kidpost user, including but not limited to all content (e.g., photographs and text) submitted by a Kidpost user to such user’s other social media accounts that is used by Kidpost to create its emails for such user. “Kidpost Content” shall mean all Content making up, or submitted or transmitted to, through or in connection with, the Services, the Site and/or the Application, other than User-Generated Content.
- Kidpost Content: As between you and Kidpost, all Kidpost Content, including all intellectual property rights therein, is owned by Kidpost. Furthermore, the Kidpost Content is subject to a variety of legal protections, including copyright, trademark, trade dress, patent and/or contract, with all applicable rights being hereby reserved. Nothing in these Terms is intended to or shall convey to you any right or license in or to any Kidpost Content, unless specifically provided for herein.
- User-Generated Content: By submitting any User-Generated Content, including without limitation any photos, text, audio/video files or other materials to Kidpost via any Service, you hereby represent and warrant that you own or have secured all necessary licenses, rights and permissions to use, reproduce, distribute, display, synchronize, perform and sublicense any such items. You further agree to be responsible for and be deemed the "publisher" of any communications submitted by or through your Kidpost user account. Please also see the additional restrictions on User-Generated Content listed below. Kidpost reserves the right, but does not assume any affirmative obligation or responsibility, to monitor your use of the Services for any breaches of these Terms or any unlawful activities or things that may cause harm to Kidpost or its users.
- Advertising: Kidpost or its licensees may publicly display third party advertisements and other information adjacent to or included with your User-Generated Content (including on the Site or in the emails it sends out with your User-Generated Content), and the manner, mode and extent of such advertising shall be determined in Kidpost's sole discretion. You acknowledge that you are not entitled to any compensation for such advertisements and hereby consent to the placement, targeting and display of such advertising as partial consideration for your use of the Services..
- Objectionable Materials: When using one or more Services you may be exposed to materials or information that could have factual inaccuracies or omissions, or that you may consider offensive, indecent, objectionable or inappropriate. You take all risk related to such exposure and agree that Kidpost shall in no way be liable or responsible for such exposure.
- Other: User-Generated Content (including any that may have been created by users employed or contracted by Kidpost) does not necessarily reflect the opinions of Kidpost. We reserve the right to remove, screen, edit, or reinstate User-Generated Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
OBLIGATIONS: When using the Services, the Site, and/or the Application you agree:
- To comply with all applicable local, state, federal, and national laws, statutes, ordinances and regulations;
- Not to violate these Terms;
- Not to promote a business or other commercial venture or event, or otherwise use the Site, the Application or any of the Services for commercial purposes, unless expressly permitted by Kidpost;
- To refrain from: (i) reproducing, duplicating, disseminating, copying, selling, reselling or trading in any materials or information obtained from Kidpost without express, written permission; (ii) removing, obscuring, or altering any legal notices, author attributions, or other proprietary rights designations (including, without limitation, copyright and trademark notices) that may be affixed to or contained within such materials or that appears on any portion of the Site or the Application or on any materials printed or copied from the Site or the Application;
- Not to threaten, stalk, harm, harass, defame, or abuse others, or promote bigotry or discrimination, or otherwise violate or infringe upon the legal rights of others (including rights of privacy, breaches of confidence, and/or intellectual property or proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, moral rights, rights of publicity);
- Not to make use of any trademark, service mark or trade name of any company or organization (including the term “Kidpost”) in a manner likely to cause confusion as to the source, sponsorship or affiliation of such mark or name, or that is in any way contrary to its then-current brand use guidelines;
- Not to falsely represent that you are or that you represent another individual or entity;
- Not to solicit personal information from minors, or submit or transmit pornography;
- Not to attempt to gain unauthorized access to the Site, the Application or any Service, or to another system or network connected thereto or interfacing therewith by hacking, cracking, phishing, password mining, social engineering or other illegitimate means;
- Not to reverse engineer any portion of the Site or the Application;
- Not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, the Application or the Kidpost Content (other than your User-Generated Content), unless expressly authorized by Kidpost;
- Not to upload, store, distribute or disseminate electronic files that are corrupted or contain viruses, trojan horses, bots, worms, malware, defects or any other harmful or other items of a destructive nature or to use the Site, the Application or any Service to transmit any such viruses, trojan horses, bots, worms, malware, defects, or other items of a destructive nature;
- Not to take any measures, such as implementing denial of service attacks, “email bombs” or other techniques that are designed to impose or that result in an unreasonable or disproportionately large burden on any Service, or to a connected or interfacing system or network;
- Not to “test” any Service or interfacing system or network to identify “security vulnerabilities” or any other concerns;
- Not to record, process, or mine information about other users;
- Not to access, procure or use any materials or information on the Site or the Application or provided by or belonging to Kidpost, including the Kidpost Content, via automated means such as robots, screenscrapers, spiders or data mining tools without Kidpost's consent (e.g. designation in a “robots.txt” file);
- Not to use the Site, the Application or any Service to send altered, deceptive or false source-identifying information, such as to forge TCP/IP packets or email headers;
- Not to download, save, store or mirror copies of any materials or information displayed on or accessible via the Site, the Application or any Service without Kidpost's explicit consent except: (i) for those situations where it is clearly indicated that an item is specifically intended for downloading and you have permission to do so; and/or (ii) where a transitory copy of the HTML code, scripts, video files, audio files images and other items displayed on or accessible via a particular Service is loaded and used for basic viewing and navigation purposes;
- Not to circumvent, disable or modify any such mechanisms, security or access-control mechanisms of the Site, the Application or any Service that permit digital materials to be readily identified and/or protected from copying or dissemination, or encourage or assist others in doing so; and
- Not to manipulate, display or access any materials or information found on or accessible via the Site, the Application or any Services using “framing,” “deep linking” or similar techniques that bypass or circumnavigate the intended architecture or layout thereof.
- COMMUNICATIONS FROM KIDPOST: Kidpost may, from time to time, send you, and your Email Recipients, pertinent information about the Services or other offerings which may be of interest to you and to them. You consent to receive such communications as part of using the Services. You may “opt-out” of these communications at any time by sending an email to email@example.com; however, note that Kidpost will still send communications that are needed to provide Services to you, such as a response to a password or customer support request and that you cannot opt out of these communications. Provided that they are not Kidpost users, your Email Recipients may “opt-out” of any Kidpost communications at any time by sending an email to firstname.lastname@example.org.
- UNSOLICITED SUBMISSION POLICY: Unless expressly requested by Kidpost in writing, Kidpost will not consider, review or evaluate unsolicited ideas, “pitches,” scripts, treatments, compositions, business models, product or service descriptions, inventions ideas, or any other confidential or proprietary information that you submit to Kidpost. This policy serves to avoid misunderstandings in the unlikely event that any of Kidpost's business or creative activities have some coincidental similarities with the activities of another. By submitting to us any ideas, suggestions, documents or proposals, you agree that (i) your entire submission will automatically become the sole and exclusive property of Kidpost, and you will not receive any form of compensation or recognition for it, (ii) we may have something similar to the submission already under consideration or in development, (iii) your submission does not contain the confidential or proprietary information of any third parties, (iv) Kidpost will have no obligation to return your submission or respond to you in any way; (v) Kidpost will have no obligation to keep your submission confidential; and (vi) Kidpost has a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display or use your submission for any purpose whatsoever, and you irrevocably waive, and cause to be waived, against Kidpost and its users any claims and assertions of any moral rights contained in such submission. Further, to the extent that you may choose to communicate such items to another user in the Kidpost community, you act completely at your own risk and Kidpost will in no way be responsible for ensuring that the recipient considers, reviews or evaluates your submission, or compensates you for them or preserves their confidentiality.
THIRD-PARTY MATERIALS AND WEBSITES: The Services, the Site, and/or the Application may include access to materials or information created by or obtained via third parties or links to other websites or applications. We do not control or endorse any third party information or sites, and you agree that we are not responsible for the availability or contents of such third party information and sites. Your use of any third party information or sites is at your own risk. Furthermore, some of the Services made available through the Site or the Application may be subject to additional third party or open source licensing terms and disclosures, including the ones incorporated herein by reference.
- ONWARD TRANSFER: By using one or more Services, you may be causing communications or information to be sent through computers and electronic networks in other locations in the United States and abroad. By using such Services, you give Kidpost consent to perform such actions where reasonably necessary to provide Services to you. As part of such consent, you may authorize Kidpost to access portions of the data and content contained therein for use in connection with your use of the services offered by Kidpost.
COPYRIGHT AND TRADEMARK DISPUTES: Materials may be made available via the Services by third parties not within our control (such as photos uploaded to any service provider by a Kidpost user). We are under no obligation to, and do not, review content used in connection with the Services for the inclusion of illegal or impermissible content; however, we will not permit materials that are known by us to infringe another party’s copyright to remain on the Site or the Application or to be used in connection with the Services. If you believe any materials related to the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notices should be delivered to Kidpost's Agent for Notices of Infringement Claims at:
P.O. Box 131
New York, NY
Phone: (347) 949-8245
- USER-GENERATED CONTENT: As a Kidpost user, you are allowed to submit and/or otherwise distribute (whether via your other social media accounts or otherwise) various forms of content, such as photos, videos, music and other items. You may also generate various forms of content, such as user comments, “hashtags,” “tags,” “likes,” and similar items within these Services. You are solely responsible for your User-Generated Content and the effects of communicating it to Kidpost and to others. Furthermore, while you retain all ownership or other interests you would otherwise have in and to this User-Generated Content, by submitting it to Kidpost you automatically grant to Kidpost a non-exclusive, royalty-free license to use such User-Generated Content in order to provide the Services to you, as well as to customize the Services and certain elements of the Services for you. This license shall continue unabated unless and until said item is deleted from Kidpost's systems, whether by you or by Kidpost. If you are not comfortable with granting such a license for any particular User-Generated Content, you should not submit it to Kidpost or allow Kidpost to access it through your other social media accounts. Also note that Kidpost shall have no duty to retain copies of your User-Generated Content for any specific length of time, and cannot guarantee access to such content at any given moment, nor do we guarantee any confidentiality with respect to your User-Generated Content. You should keep your own backup copies of your User-Generated Content, either on a local device or via one or more remote storage mediums as per your specific needs and requirements. We have no obligation to retain or provide you with copies of your User-Generated Content.
- TERMINATION: These Terms shall continue to have full force and effect unless and until terminated in writing by you or by Kidpost. Kidpost may terminate, suspend or restrict any Term outlined herein at any time in its sole discretion and without notice.
- ACCOUNT TERMINATION: You may request to have your account terminated by sending a written notice to Kidpost at email@example.com. Upon receipt of such notice, Kidpost will make all commercially reasonable efforts to remove your User-Generated Content from its systems and/or disable public access to same; however, you acknowledge and agree that, due to the distributed nature of the Internet and digital technology generally, not all such information and materials can be “deleted” in every manner desired (for example, items may persist in cached or backup copies made during the course of day-to-day operations). These items may also remain publicly available via the Internet through the social media networks where you initially shared them and in any other places you may have shared them.
- DISCLAIMER OF WARRANTIES: THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITE AND/OR THE APPLICATION, ALONG WITH ANY MATERIALS OR INFORMATION OBTAINED FROM KIDPOST, ARE TO BE CONSIDERED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR PROMISE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDPOST MAKES NO REPRESENTATION, WARRANTY, CONDITION OR PROMISE THAT ANY SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY USE BY YOU OR ANYONE ELSE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, WHILE KIDPOST MAKES EVERY EFFORT TO ENSURE THE ACCURACY AND RELIABILITY OF ITS CONTENT, WE BEAR NO RESPONSIBILTY FOR ANY LOSS, COST OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY INACCURACIES, ERRORS OR OMISSIONS OR OBJECTIONABLE CONTENT CONTAINED THEREIN. KIDPOST ALSO DOES NOT AND CANNOT GUARANTEE THAT ANY MATERIALS PROVIDED WILL BE FREE OF VIRUSES, SPYWARE, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITE AND/OR THE APPLICATION. IN NO EVENT WILL KIDPOST BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH A DISPUTE REGARDING ANY OF THESE TERMS, EVEN IF KIDPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING THE ABOVE, SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES, AND THE FOREGOING MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, KIDPOST'S LIABILITY SHALL NONETHELESS BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Remedies: Unless otherwise specified, each and every remedy shall be cumulative and shall be in addition to every other remedy. Further, the election of any one or more of such remedies shall not constitute a waiver of the right to pursue any other available remedies.
- Headings: Any headings and subheadings are inserted for convenience only, and shall have no effect on or over the meaning or construction of any Term.
- No Implied Waivers or Amendments: A waiver must be expressly stated in writing to have any effect. Further, no Term may be amended or altered unless in writing.
- Severability: Each provision of these Terms shall be deemed to be severable. If any such provision or portion thereof is found to be invalid or unenforceable, that invalidity or unenforceability shall in no way effect the validity or enforceability of any other provision of these Terms.
Notices: Unless otherwise specified, if any legal notice is to be sent to Kidpost, such notice should be directed to:
P.O. Box 131
New York, NY 10276
Phone: (347) 949-8245
- Assignment/Sublicensing: These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Kidpost’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- Survival: In the event of any termination of your account and these Terms, whether by you or us, any provision of these Terms that logically extends beyond such termination shall continue in full force and effect to the fullest extent necessary to enforce any rights obtained or obligations incurred hereunder.
- Third-Party Beneficiaries: No term of this Agreement is meant or intended to confer any rights, remedies or benefits upon any third party.
- Use of “Open-Source” Software: From time-to-time, Kidpost may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by Kidpost, and that Kidpost does not, simply by virtue of their use or integration into any Service, make any guarantees or warranties regarding their quality or authenticity.
- Electronic Signatures: By using any Service you consent to transact business with Kidpost electronically.
- California Civil Code Section 1789.3 Compliance: Californians have rights to certain information on providers of “electronic commercial services” pursuant to Civil Code Section 1789.3 and California Business and Professions Code Section 17538. The mailing address, telephone number and contact email address for Kidpost is listed in the “Notice” section above. Currently, there are no fees or charges imposed by Kidpost for simply viewing the Site or using the Application. However, there may, at some later stage, be costs or fees for certain Services that are levied via separate subscription or transaction charges, as well as any applicable taxes or governmental fees. If you wish to raise a complaint about a particular transaction, please contact Kidpost directly in writing via the methods listed above. Further, if you wish to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, their address is: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, U.S.A., and their telephone number is (800) 952-5210.
- Void Where Prohibited: Kidpost has offices in New York, NY, within the United States of America. While certain Services may be accessible in other countries throughout the world, not all Services can or will be available or appropriate for use everywhere. Kidpost may, at its option and without notice to you, restrict access to any Service or limit same to certain geographic areas. If you choose to utilize the Services from anywhere so limited or restricted, or from anywhere outside the United States generally, you do so at your own risk and you bear sole responsibility for complying with all applicable laws or regulations.
Last Revision Date: May 9, 2014.