TERMS OF SERVICE
Last Revised: August 30, 2019
These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your and your child’s access and use of the internet website located at www.kinzoo.com and the Kinzoo mobile software application (collectively, the “Site”), each owned and operated by Kinzoo Technologies Inc. (“Kinzoo”, “we”, “our” or “us”), and the services available thereon, including without limitation the services that enable you and your child to interact and share certain content with other users of the Site (the “Services”).
BY ACCESSING OR USING THE SITE OR SERVICES AND/OR BY PERMITTING YOUR CHILD TO ACCESS AND USE THE SITE OR SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT BOTH ON YOUR OWN BEHALF AND ON BEHALF OF YOUR CHILD. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU AND YOUR CHILD MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR AND YOUR CHILD’S USE OF THE SITE AND SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CHILD, YOU HEREBY REPRESENT, WARRANT AND COVENANT TO KINZOO THAT, AT ALL TIMES DURING YOUR AND YOUR CHILD’S USE OF THE SITE AND/OR SERVICES: (A) YOU ARE OF LEGAL AGE (THE AGE OF MAJORITY) IN THE JURISDICTION IN WHICH YOU LIVE (WHICH IN MOST JURISDICTIONS IS EITHER 18 OR 19 YEARS OF AGE; AND (B) YOU ARE A PARENT OR LEGAL GUARDIAN OF THE CHILD AND ARE AUTHORIZED TO ENTER INTO LEGAL AGREEMENTS ON THEIR BEHALF. IN THIS AGREEMENT, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO “YOU” AND “YOUR” REFER TO BOTH YOU AND YOUR CHILD, AND “YOUR CHILD” REFERS TO EACH OF YOUR CHILDREN USING THE SITE AND/OR SERVICES THROUGH A CHILD ACCOUNT (AS DEFINED BELOW) CONNECTED TO YOUR PARENT ACCOUNT (AS DEFINED BELOW). REFERENCES TO “YOUR CHILD” ARE NOT APPLICABLE TO YOU IF YOU ARE USING THE SITE AND/OR SERVICES THROUGH AN ADULT ACCOUNT (AS DEFINED BELOW).
THE SERVICES ARE NOT SUITABLE FOR USE IN THE PROVINCE OF QUEBEC. BY ACCESSING OR USING THE SERVICES AND/OR BY PERMITTING YOUR CHILD TO ACCESS AND USE THE SITE OR SERVICES, YOU HEREBY REPRESENT, WARRANT AND COVENANT TO KINZOO THAT, AT ALL TIMES DURING YOUR AND YOUR CHILD’S USE OF THE SERVICES: (A) YOU AND YOUR CHILD ARE NOT RESIDENTS OF THE PROVINCE OF QUEBEC; AND (B) YOU AND YOUR CHILD WILL NOT ACCESS OR USE THE SERVICES WITHIN THE PROVINCE OF QUEBEC.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
Users must first sign up for a Kinzoo account prior to using the Services. Kinzoo offers four types of user accounts:
- Accounts for adult users who are parents or guardians of children who they wish to be able to use the Service (each a “Parent Account”);
- Accounts for other adult users (each an “Adult Account”); and
- Accounts for children (each a “Child Account”)
More information regarding the types of activities that can be performed under each of the above types of Kinzoo accounts is available at www.kinzoo.com/faq.
Parent and Child Accounts
In order for you your child to use the Services, as the child’s parent or guardian, you must first sign up for a Parent Account. At the time you sign up for a Parent Account, Kinzoo will provide you with one user identification reference that you will use to create a username (for your Parent Account, your email address) and PIN (“User ID”). You must also provide us with certain other information, including but not limited to your name, email address and the names, birth month and year (used by Kinzoo solely to verify the age of your child) of each child you wish to register to use the Services (together with your User ID and any other optional information you wish to provide (such as the date of birth of your child), such information provided by you will form your “Profile Information” and allow you to access your Account). You agree to provide true, accurate, current and complete information about yourself and your child, and you agree not to misrepresent your Profile Information. It is your responsibility to update or change your Profile Information, as appropriate.
Once your Parent Account has been created, Kinzoo will permit you to create a PIN that can be used by your child to access his or her Child Account.
Your Parent Account can also be used to grant Parent Account status to the Kinzoo account belonging to your child’s other parent or guardian (the “Co-Parent”). By granting Parent Account status to such other Kinzoo account, you hereby: (a) represent, warrant and covenant that the Co-Parent to whom that Kinzoo account pertains to is the parent or guardian of your child; and (b) acknowledge and agree that the Co-Parent will be able to perform all of the same types of activities under his or her Kinzoo account in connection with your child’s Child Account as you are able to perform using your Parent Account.
You agree and understand that you are responsible for maintaining the confidentiality of your User ID and your child’s PIN and you agree not to disclose these to any third party. You are solely responsible for all activities that occur under your Parent Account or any Child Accounts affiliated with your Parent Account. If you become aware of any unauthorized use of your Parent Account or any Child Accounts affiliated with your Parent Account, you are responsible for notifying Kinzoo immediately.
At the time you sign up for an Adult Account, Kinzoo will provide you with one user identification reference that you will use to create your User ID. You must also provide us with certain Profile Information. You agree to provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. It is your responsibility to update or change your Profile Information, as appropriate.
You agree and understand that you are responsible for maintaining the confidentiality of your User ID and you agree not to disclose your User IDs to any third party. You are solely responsible for all activities that occur under your Adult Account. If you become aware of any unauthorized use of your Adult Account, you are responsible for notifying Kinzoo immediately.
Consent to Communications
In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Kinzoo subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting email@example.com. Doing so may have a material impact on our ability to provide any Services to you or your child, and we are not responsible if you do so.
Intellectual Property Rights
All material available on the Site and all material and services provided by or through Kinzoo, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”) are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Kinzoo grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services and the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.
If Kinzoo, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party’s system, then Kinzoo may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. Kinzoo has no liability to you for suspending the Services under this provision.
This section does not apply to User Content (as defined below); however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Kinzoo related to the Services, the Site or Kinzoo or its business (“Feedback”) are and will be Kinzoo’s exclusive property without any compensation or other consideration payable to you by Kinzoo, and you do so of your own free will and volition. Kinzoo may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Kinzoo may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Kinzoo in any Feedback and, as applicable, waive any moral rights.
Kinzoo retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. You are still responsible for any and all personal information that is part of any User Content.
Submission of User Content
Kinzoo will use User Content you or your child uploads solely in connection with providing the Services to you, your child and you and your child’s Contacts, and for no other reason. You agree that upon your child uploading, or otherwise providing, any User Content on or through the Site and/or the Services, you and your child grant to Kinzoo a perpetual, worldwide, non-exclusive, royalty-free license, with the right to sublicense, to use, reproduce, process and display all or any portion of such User Content, solely in connection with providing the Services to you, your child and the applicable Contacts. This license includes the right to host, index, cache or otherwise format your User Content in order to provide the Services.
You represent and warrant that you or your child own your User Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Kinzoo or Kinzoo’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree that Kinzoo is not responsible for any violations of any third party intellectual property rights in any User Content that you or your child submits to Kinzoo. You agree to pay all royalties, fees and any other monies owing to any person by reason of the User Content uploaded, displayed or otherwise provided by you or your child to the Site.
Acceptable Use and Conduct:
You agree that you and your child will not publish or make available any User Content that, or use the Site or Services in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- constitutes bullying or harassment or encourages others to conduct personal harm or suicide;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Kinzoo;
- impersonates a Kinzoo employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
- facilitates the unlawful distribution of copyrighted materials;
- except as expressly permitted by Kinzoo, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing or service bureau use;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site or Services to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of Kinzoo or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
- posts adult or pornographic User Content;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other Kinzoo technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
- accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
- accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Site to upload any User Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Kinzoo has adopted a policy of terminating, in appropriate circumstances and at Kinzoo's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Kinzoo may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Sean Herman
Full Address of Designated Agent to Which Notification Should be Sent: 1066-999 W Hastings St., Vancouver, BC, V6C 2W2
Telephone Number of Designated Agent: (604) 868-9719
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Disclaimer of Warranties
YOU AND YOUR CHILD’S USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY USER CONTENT YOUR CHILD UPLOADS OR SUBMITS AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINZOO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.
KINZOO DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CONTENT AND THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME KINZOO MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOU AND YOUR CHILD’S ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT KINZOO, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. KINZOO MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
KINZOO IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY KINZOO, TELECOMMUNICATIONS PROVIDERS, USER CONTENT PROVIDED BY OTHER USERS OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY KINZOO.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CHILD’S USER CONTENT IS COMPATIBLE WITH THE SITE AND SERVICES. KINZOO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CHILD’S USER CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND SERVICES AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CHILD’S USER CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINZOO OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY KINZOO FROM ITS FACILITIES IN CANADA. KINZOO MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN CANADA (EXCLUDING THE PROVINCE OF QUEBEC) AND THE UNITED STATES. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Kinzoo’s control, and you acknowledge that Kinzoo is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Kinzoo or any association with its operators. You further acknowledge and agree that Kinzoo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
Exclusive Remedy and Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL KINZOO OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF KINZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOU’RE YOUR CHILD’S USE OF OR YOUR OR YOUR CHILD’S INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. KINZOO’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO CDN$100. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KINZOO’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, KINZOO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO KINZOO OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN KINZOO AND RECEIVED BY YOU OR YOUR CHILD THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU OR YOUR CHILD ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT KINZOO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Kinzoo will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you or your child may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.
Waiver of Jury Trial and Class Action Rights
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Limitation of Time
You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.
You agree to indemnify, defend, and hold harmless Kinzoo, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your or your child’s use, non-use or misuse of, or connection to the Site, the Services and any User Content, including without limitation your Profile Information and any third party content forming part of the Site; (b) your or your child’s violation or alleged violation of this Agreement; and (c) your or your child’s violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Kinzoo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kinzoo and you agree to cooperate with Kinzoo’s defense of these Claims. You agree not to settle any matter without the prior written consent of Kinzoo. Kinzoo will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
Cancellation and Termination
You may cancel your Kinzoo account and, if applicable, any Child Accounts affiliated with your Parent Account, at any time through the “Delete account” and “Delete profile” interfaces provided as part of the Services. At the time of cancelling any such Kinzoo account, you will be provided with the option to preserve or permanently and irrevocably delete all User Content affiliated with the Kinzoo account. Any preserved User Content will continue to be visible to all other Kinzoo users to which such User Content had previously been shared. Phone requests to cancel Kinzoo accounts will not be accepted.
You may, at any time, request that Kinzoo delete all of your and your child’s Kinzoo accounts, Profile Information and User Content by contacting Kinzoo at email@example.com, Within 7 days following receipt of such request, Kinzoo will permanently and irrevocably delete all such Kinzoo accounts and associated Profile Information and User Content (“Account Deletion”) and confirm such Account Deletion by email. Upon performing an Account Deletion, you and your child’s ability to access the Services through such deleted Kinzoo accounts will be immediately and permanently terminated and you and your child will immediately cease to be able to access or otherwise recover any Profile Information or User Content associated with such Kinzoo accounts.
Kinzoo reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Kinzoo reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
If there is any dispute between you and Kinzoo about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. Notwithstanding the foregoing, Kinzoo may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Kinzoo through injunctive relief and other equitable remedies without proof of monetary damages.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
You agree that if Kinzoo does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Kinzoo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kinzoo’s rights and that those rights or remedies will still be available to Kinzoo.
The sections of “Intellectual Property Rights”, “Submission of User Content”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, “Indemnity”, “Cancellation and Termination” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
You may contact Kinzoo by email at firstname.lastname@example.org or by mail at Kinzoo Technologies Inc., 1066-999 W Hastings St., Vancouver, BC, V6C 2W2.