Terms of Service | Kidadl

terms of services

Terms of Service

Definitions

Kidadl” means our Website, other similar devices, social media and newsletters, which are used to provide our services.

We”, “our” or “us” means Kidadl Limited, a company registered in England & Wales with company number 08936944 and registered address at The Stable Yard, Vicarage Road, Stony Stratford, Milton Keynes, Buckinghamshire, England, MK11 1BN, our employees, directors, officers, affiliates and subsidiaries.

Website” means the website www.kidadl.com and other websites that we may operate in the future including all subdomains and sites associated with those domains.

You” or “your” means the person or organisation that is registered with us to use Kidadl.

Terms

The Service

We provide an independent online service which enables you (1) to research and purchase family events and activities and other products or services provided by third parties (“Third Party Services”), and (2) purchase goods and digital content (together, "Products") from us. 

The Kidadl service is free for you to use. We may receive a fee and/or commission from Sellers (defined below) when you use our service to purchase Third Party Services.

Kidadl may also be used by, and you may be, a Seller (defined below), an expert in respect of goods or services features on Kidadl, or an advertiser or reviewer of goods or services (in which cases you may be subject to a separate agreement with us governing the provision of such services). 

Licence

We grant you a non-exclusive, non-transferable licence to use Kidadl, subject to you complying with these Terms.

Privacy & Cookie Policy

We take your privacy seriously. Please read our Privacy & Cookie Policy to see how we collect, use and protect your personal information.

Where you buy tickets from Sellers (as defined below), the Sellers are responsible for the processing of your personal information in respect of such sales.

Your obligations

To use Kidadl, you must: (a) agree to these Terms; (b) be at least 18 years old (c) complete our registration process and provide accurate information as requested; and (d) do so in compliance with all applicable laws, rules and regulations. 

It is your responsibility to ensure you satisfy all of the criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of these criteria. Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.

If you are registering as an organisation, rather than in your personal individual capacity, you must have the necessary authority, power and right fully to bind the legal entity or organisation on whose behalf you wish to be granted access to the Service. If you are not authorised to bind that legal entity or organisation, you must not attempt to register. By registering, you represent and warrant to us that you are duly authorised. 

You may not: (a) attempt to duplicate, modify, disclose or distribute any part of our Service (b) except where permitted by law, attempt to reverse compile, disassemble, reverse engineer our Service (c) 'scrape' content or store Kidadl content on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all Kidadl content (d) attempt to circumvent security or interfere with the proper working of Kidadl or the servers on which it is hosted (e) assign or otherwise dispose of your rights or obligations under these Terms or (f) attempt to obtain, or assist others in obtaining access to Kidadl other than as provided under these Terms.

You are responsible for configuring your information technology, computer programmes and platform in order to access Kidadl.

You may link to Kidadl, provided you receive permission in writing from Kidadl in order to do so. We reserve the right to withdraw linking permission without notice.

Intellectual Property

All of the content on Kidadl is owned by us or our licensers and is protected by English and international copyright laws.

Kidadl content includes any information, features of, or other material found on our Website. You are allowed to use our content for personal, non-commercial use only. You may not republish, post, transmit, store, sell, distribute or modify Kidadl content without our prior written consent, and do not obtain any rights in respect of any intellectual property owned by us or our licensors.

We own all intellectual property rights in Kidadl, including registered trademarks in the name ‘Kidadl’ and the logo image. You may not use them without our express written permission. All other brand names and trademarks featured on Kidadl are trademarks or trade names of their respective holders.

Account

You are responsible for keeping your username and password confidential and for taking reasonable steps to ensure that nobody accesses Kidadl using the account(s) created with your username and password. You agree to notify us immediately if you suspect any unauthorised use of your account(s). We are not liable for any loss or damage due to stolen passwords or hacked accounts.

By submitting any individual’s personal information to us or our affiliates, service providers and agents, you agree, and confirm your authority from such other individual, to our collection, use and disclosure of such personal information in accordance with our Privacy & Cookie Policy.

Tickets for Third Party Services

Our service allows you to purchase tickets for Third Party Services from third party sellers (“Sellers'') through Kidadl. We are not sellers of such tickets or suppliers of such Third Party Services, the Seller is the seller and supplier of any such Third Party Services. We advertise tickets on Kidadl as agent of the Sellers. 

To make a purchase of Third Party Services, you can click on the link for the relevant Third Party Service. Once the order has been accepted and your card has been charged you will receive an email containing details of the Third Party Services you have purchased, including your order details and e-tickets where applicable. The contract between you and the Seller in relation to the Third Party Service(s) ordered will only be formed when the Seller sends you such email. 

When you purchase tickets from a Seller, we will not process your payment on behalf of the Seller and your payment will be made to the Seller or their third party payments processor as applicable, and we will have no liability to you except as set out in Section 20. The Seller may pay to us a commission for sales of Third Party Services advertised on Kidadl.

When you request information about tickets, we may temporarily reserve them for a brief period of time in order to allow you to make your purchase. If you do not complete your purchase before the time is up, we cannot guarantee that those tickets will still be available for purchase after the temporary reservation has expired.

Third Party Services, available for sale through Kidadl may be modified or removed at any time. This includes changes in availability and the price payable for any Third Party Services. These changes will be made without notice to you and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of tickets that previously featured on Kidadl. This shall not apply to any orders unless the Seller has to postpone or cancel or otherwise change the Third Party Services you have purchased in which case the Seller will contact you directly to discuss this, in accordance with the contract for purchase between you and the Seller.  

The Kidadl store

You may order certain Products made available through the Website directly from Kidadl. 

If you do so, you enter into a contract for the purchase of such a Product with us. You may make a purchase at any time by clicking through to the link displayed on the services. Once the order has been accepted and your card has been charged you will receive an email containing details of your order. The contract between you and us in relation to the Product(s) ordered will only be formed when we send you such an email, and we reserve the right to cancel your order up to that point. Prices, availability and quantities are liable to change at any time, and we reserve the right to discontinue any Product at any time, but changes will not affect orders in respect of which you have already been sent such email.

Delivery

In respect of goods, your Product order will be fulfilled by the delivery date set out in the email confirmation or, if no delivery date is specified, then within 30 days after the date of the email confirmation, unless there are exceptional circumstances. 

Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. 

In respect of digital content, your Product will be deemed to be delivered immediately as you may digitally download the relevant Product(s). 

In respect of your order for a Third Party Service, the contract between you and the Seller will set out the delivery date by which your order will be fulfilled.  The Sellers are responsible for delivery of Third Party Services, and Kidadl shall not be liable to you except as set out in section 20.  

Risk and ownership

The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. 

Details of the risk and ownership in respect of Third Party Services shall be set out in the contract between you and the Seller. 

Payments

You must make any payments via a debit or credit card that you own or are authorised to use. You will be prompted to enter your card details in the sign up process and during the checkout process.

Once you have entered your card details, our third party payment processor may store these details securely for future use with your permission. You acknowledge that your details may be subject to online verification and fraud checks, and it is not our responsibility if you fail to pass these checks. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We and the relevant Seller (if relevant) are not responsible for this. 

Prices include VAT and booking fees but exclude delivery costs (where relevant), which will be added (at the cost shown) to the total amount due once you have selected your chosen different delivery method.

Cancellation, refunds and remedies

Nothing in these Terms shall limit your legal rights. 

Tickets for Third Party Services

Third Party Services sold and supplied by Sellers shall be subject to the contract between you and the Seller. 

However, generally, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations ("CCRs") contain an exemption to contracts for leisure activities (such as the sale of tickets) and therefore we note there will be no withdrawal right in respect of such contracts between you and the Seller. If you have any queries about this or want to arrange for refunds for tickets, please correspond with the relevant Seller. We cannot guarantee that you will receive a refund but we will assist you by coordinating with the Seller on your behalf. 

Products

Where Products have been personalised e.g. your name or greeting has been printed on the Products, no withdrawal rights under the CCRs are available. 

When you purchase Products which comprise digital content, you consent to the immediate supply of such digital content and acknowledge that your right of withdrawal under the CCRs will be lost following the purchase.  

As a result, we do not offer refunds on the Products detailed above unless:

a)      there is an error with the price we calculated for your order, in which case we will contact you and you can either (i) pay, or (ii) be refunded the difference in price, or (iii) cancel your order and we will provide a full refund.

b)      your order is damaged or faulty when delivered to you or has developed a fault, in which case you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights.

If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

We will only issue refunds via the method of payment used to make purchases. If we refund you, you will have thirty days in which to notify us that you have rejected the refund, but if you do not do so, you will be deemed to have accepted the refund in full and final settlement of any and all claims relating to such purchase.

Your Content

Your use of Kidadl may involve you uploading or inputting various content into the Website, including but not limited to: photos, videos, reviews, children’s names, preferences, conversations, feedback, recommendations, suggestions, videos, photographs and competition entries ("Content").

We do not control the material in Content that you submit, nor is Content actively moderated. You are solely responsible for Content as submitted by you and acknowledge that all Content expresses the views of their respective authors, and not our views. Whilst we do not pre-screen Content, we reserve the right, in our sole discretion, to delete, edit or modify any Content submitted by you at any time without notice to you.

Content must not:

a) store, distribute or transmit anything that: is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;

b) impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;

c) contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or

d) transmit or distribute any virus and/or other code that has contaminating or destructive elements.

In particular, you acknowledge that Kidadl is a family service and that we have a zero tolerance policy on any Content or other activities that threaten the online well being of Kidadl users and their families.

You grant us a royalty free, worldwide, non-exclusive, transferable, sub-licensable, irrevocable and perpetual licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Content.

Third party content

The Website includes details on, or links through to, information provided by other websites. We do not control the accuracy or completeness of that information and cannot accept any responsibility for the content of those websites. The fact that we include links to such external sites does not necessarily imply any endorsement of or association with their operators or promoters, although in some cases that may be the case (please see Section 19). 

If you do purchase products or services from another website, please read its contract carefully before deciding to buy. Your contract for those products or services will be with that website, not us. We make no warranty or representation as to the suitability, availability, safety or otherwise of any event, venue or location. If you have any concerns, you should raise them directly with the relevant third party.

When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them.

Competition Terms

a)      Instructions on how to enter our competitions along with related prize information form part of these Terms.

b)      Participation in any competition is deemed as acceptance of these Terms.

c)       The promoter of the competition is Kidadl Ltd (Company number 08936944) of The Stable Yard Vicarage Road, Stony Stratford, Milton Keynes, Buckinghamshire, England, MK11 1BN ("Promoter").

d)      The Promoter regularly conducts two types of competition: games of skill or games of chance. In the case of a game of skill, each entry will be individually judged based on its literary and creative merit. In the case of a game of chance, winners are based on random selection.

e)      Entry is open to residents of the UK aged 18 years or over only. Employees of the Promoter and their immediate families, suppliers, associated companies and agencies are ineligible to enter. Persons under the age of 18 years are not considered adults and therefore are not able to enter. If a winner is discovered to be under 18, they will automatically be disqualified.

g)      To enter, entrants must personally visit the Website or Kidadl social media during the open period and follow the instructions, which will mean [provide an answer to the question, etc]. Incomplete or automated entries will be disqualified. Multiple entries from the same IP address, same email address or from automated competition entry services are invalid.

f)       Each competition commences and closes on the dates indicated on the Website or social media. Entries received after this time and illegible entries will be discounted. We do not accept any responsibility for late or lost entries due to the internet or postal service. Proof of sending is not proof of receipt. Only the winner(s) will be notified by email and must respond within 48 hours or the prize may be re-allocated. Reallocation will be based on the remaining competition entrants.

h)      Only one entry is permitted per person and per household. Multiple entries from the same person or same household will be disqualified.

i)       The prize is as indicated on the Website or social media. The prize is not transferable or exchangeable and cannot be taken as cash. No responsibility is accepted for any variation in the value of the prize. Transport to and from an event and all other ancillary costs are the responsibility of the winner. 

j) Where the prize consists of an event, activity, holiday or the performance of a service, the winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organiser and must be able to comply with any restrictions as to dates and times in relation to the prize (which may not be rescheduled) and any other eligibility restrictions imposed by the relevant third party provider or organiser. The contract in relation to any such event, activity, holiday or service will be directly between the winner and the relevant third party provider or organiser and we will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third party provider or organiser.

k)        For a game of chance, the winner will be selected by a computer process producing verifiably random results, or by (or under supervision of) an independent person. For a game of skill, the winner will be selected, or observed, by an independent person. 

l) The Promoter reserves the right to, at any time, verify an entry or entrant and disqualify an entrant the Promoter has reason to believe has submitted an entry not in accordance with these Terms. The Promoter’s decision on this matter is final.

m)      All entries in the competition become the property of the Promoter. The Promoter collects personal information from entrants to conduct the competition and may, in the course of business, disclose this personal information to third parties, as required. Entry in this competition is conditional on provision of the personal information requested. Entries may be entered into a database and the Promoter may use the entrants’ names and addresses for future promotional, marketing and publicity in various forms by the Promoter, and the entrant consents to such use. Entrants may direct any request to access their personal information to the Promoter. Additionally, all literary works submitted as part of an entry becomes the property of the Promoter, and any intellectual property rights in such literary works are assigned to the Promoter, and it is a condition of entry that those literary works may be used by the Promoter for their own promotional, marketing and publicity purposes without restriction. The promoter may share the entry details with the prize provider.

n)        The Promoter is not liable for any loss (including loss of opportunity) or damage (including, but not limited to, direct, indirect or consequential loss) or personal injury in relation to this competition or the use of, or participation in, the prize.

o)    Terms and conditions of any prize tickets must be adhered to. Some events have age restrictions and these must also be adhered to.

p)      Prizes can only be sent to addresses in the UK and any tickets are only valid in the UK.

q)      These Terms will bind this and any future entry by you into a competition on the Website and may be updated from time to time.

Promotions and discounts

From time to time, promotions may be run through Kidadl where discount codes are issued. These can be used in part-payment of the price of Third Party Services or Products ordered online, subject to the terms under which they were issued (as indicated in the relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Third Party Services or Products stated. Discount codes cannot be redeemed for cash.

Additionally, from time to time, we may run other types of promotions, such as competitions and prize promotions. Please see Section 15 for more details. 

Indemnity

If you are a business user, you will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your misuse of Kidadl.

Disclaimer

We will use our reasonable endeavours to ensure that your data is maintained securely and is properly backed-up. In the event of any loss or damage to your data, your sole and exclusive remedy shall be that we use our reasonable endeavours to restore the lost or damaged data from the latest back-up of such data. We shall not be responsible for any loss, destruction, alteration or disclosure of data caused by any third party.

We don't promise that your access to Kidadl, or the content will be delivered uninterrupted, timely or error-free, or that Kidadl will be free from viruses or other harmful properties. You are responsible for implementing satisfactory safeguards and procedures to make sure any files you obtain through Kidadl are free from such contaminants or other harmful properties.

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Services, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Services regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.

At Kidadl we pride ourselves on offering families original ideas to make the most of time spent together at home or out and about, wherever you are in the world. We strive to recommend the very best things that are suggested by our community and are things we would do ourselves - our aim is to be the trusted friend to parents. 

We try our very best, but cannot guarantee perfection. We will always aim to give you accurate information at the date of publication - however, information does change, so it's important you do your own research, double-check and make the decision that is right for your family. 

Kidadl provides inspiration for everything from family days out to online classes, arts, crafts and science experiments. We recognise that not all activities and ideas are appropriate and suitable for all children and families or in all circumstances. Our recommended activities are based on age but these are a guide. We recommend that these ideas are used as inspiration, that ideas are undertaken with appropriate adult supervision, and that each adult uses their own discretion and knowledge of their children to consider the safety and suitability.

Kidadl cannot accept liability for the execution of these ideas, and parental supervision is advised at all times, as safety is paramount. Anyone using the information provided by Kidadl does so at their own risk and we can not accept liability if things go wrong. 

Advertising and affiliates

Kidadl is independent and to make our service free to you the reader we are supported by advertising.

We hope you love our recommendations for products and services. Unless we have been paid by a brand to promote their content, which will be labelled “Ad feature”, our suggestions are selected independently by the Kidadl team. If you purchase using the Shop Now button we may earn a small commission. Any commercial relationships now or in the future do not influence our editorial choices. Prices are correct and items are available at the time the article was published.

Kidadl has a number of affiliate partners that we work with including Amazon. Please note that Kidadl is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.

We may also issue voucher codes which you may use to purchase or contribute to purchase of goods or services. If you use such codes, we will receive affiliate revenue from the provider of such goods or services. 

We also link to other websites, but are not responsible for their content.

Liability

Except as expressly and specifically provided in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms. If you are a consumer, nothing in these Terms affects your legal rights. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or (ii) for fraud or fraudulent misrepresentation.

WE ARE NOT LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES OR PURE ECONOMIC LOSS, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS COSTS, DAMAGES, CHARGES OR EXPENSES HOWEVER ARISING. OUR TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE SERVICE UNDER THESE TERMS SHALL BE LIMITED TO THE GREATER OF: (A) THE PRICE YOU PAID FOR THE SERVICE DURING THE PREVIOUS MONTH PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) £50 (OR $50 IF YOU LIVE IN THE UNITED STATES). You acknowledge that this limitation is reasonable.

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control or in relation to any issues, delays or other losses arising from any event which shall be the sole responsibility of the Seller. 

You acknowledge that in the case of tickets, our role is that of an introducer. We make no representation or warranty as to the accuracy of the information provided by any third party and published on Kidadl and can accept no liability for any inaccuracy of that information. In any circumstance in which we are not acting as an introducer, we will make this clear to you via the Service.

General

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

These Terms, together with our Privacy & Cookie Policy, constitutes the entire agreement between you and us relating to your access to and use of Kidadl and supersedes any prior agreements (including any previous terms and conditions of use of Kidadl).

No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

These Terms and your access to and use of Kidadl shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the courts of England and Wales, except that (a) if you live in the United States, these Terms of Use are governed by the laws of the State of New York without regard to conflict of law principles and you and Kidadl submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, NY for resolution of any lawsuit or court proceeding permitted under these Terms, and (b)  if you are a consumer there may be certain mandatory applicable laws of your country and you may choose to bring legal proceedings in your country. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Changes

We reserve the right to change these terms and conditions from time to time by changing them on the Site. These Terms were last updated on 15 January 2021. 

US Specific Provisions

If you live in the United States, the following U.S. specific provisions (the “U.S. Provisions”) shall apply.  In the event of any conflict between the U.S. Provisions and the foregoing terms, the U.S. Provisions shall control if you live in the United States.

(A) California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

(B) Copyright Infringement

  1. Respect of Third Party Rights. respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Website to do the same. Infringing activity will not be tolerated on or through the Website.
  2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Website, you may contact our Designated Agent at the following address:

 

Kidadl Limited

Attn: Legal Department (IP Notification)

The Stable Yard Vicarage Road, Stony Stratford, Milton Keynes, Buckinghamshire, England, MK11 1BN 

Email: [email protected]

  1. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Website has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
    3. a description of the material that you claim is infringing and where it is located on the Website;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the use of the mate-rials on the Website of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Your Notification of Claimed Infringement may be shared by Kidadl with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Kidadl making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

  1. Repeat Infringers. Kidadl’s policy is to: (a) remove or disable access to material that Kidadl believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Website; and (b) in appropriate circumstances, to terminate the ac-counts of and block access to the Website by any user who repeatedly or egregiously in-fringes other people’s copyright or other intellectual property rights. Kidadl will terminate the accounts of users that are determined by Kidadl to be repeat infringers. Kidadl reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

 

  1. Counter Notification. If you receive a notification from Kidadl that material made available by you on or through the Website has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Kidadl with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Kidadl’s Designated Agent through one of the methods identified in Section 1, and include substantially the following information:
    1. your physical or electronic signature;
    2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    4. your name, address, and telephone number, and a statement that you con-sent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Kidadl may be found, and that you will accept service of process from the per-son who provided notification under Section 11.2 above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

  1. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Kidadl in response to a Notification of Claimed Infringement, then Kidadl will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Kidadl will replace the removed User Content or cease disabling access to it in 10 business days, and Kidadl will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, un-less Kidadl’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Kidadl’s system or network.

 

  1. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Kidadl relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Kidadl reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.


 

(C) Arbitration.

  1. Generally. Except as described in Section24(C) 2 and 24(C)3, you and Kidadl agree that every dispute arising in connection with these Terms, the Website, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KIDADL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  2. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 24(C) within 30 days after the date that you agree to these Terms by sending a letter to Kidadl Limited, Attention: Legal Department – Arbitration Opt-Out, The Stable Yard Vicarage Road, Stony Stratford, Milton Keynes, Buckinghamshire, England, MK11 1BN  that specifies: your full legal name, the email address associated with your account on the Website, and a statement that you wish to opt out of arbitration] (“Opt-Out Notice”). Once Kidadl receives your Opt-Out Notice, this Section 24(C) will be void and any action arising out of these Terms will be resolved as set forth in Section 21. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
  3. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Kidadl.  
  4. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Kidadl’s address for Notice is: Kidadl Limited, The Stable Yard Vicarage Road, Stony Stratford, Milton Keynes, Buckinghamshire, England, MK11 1BN. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Kidadl may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Kidadl will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Kidadl has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
  5. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the Jams rules in the county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or Kidadl must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. 
  6. Arbitration Relief. Except as provided in Section 24(C)8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Kidadl before an arbitrator was selected, Kidadl will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
  7. No Class Actions. YOU AND KIDADL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kidadl agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  
  8. Modifications to this Arbitration Provision. If Kidadl makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Kidadl’s address for Notice of Arbitration, in which case your account with Kidadl will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  9. Enforceability. If Section 24(C)8 or the entirety of this Section 24(C) is found to be unenforceable, or if Kidadl receives an Opt-Out Notice from you, then the entirety of this Section 24(C) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to these Terms.

25. ADDITIONAL DISCLAIMERS. THE WEBSITE, PRODUCTS, SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KIDADL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, PRODUCTS, OR SERVICE AND ALL MATERIALS AND CONTENT OR PRODUCTS AVAILABLE THROUGH THE WEBSITE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KIDADL DOES NOT WARRANT THAT THE WEBSITE OR SERVICE OR ANY PORTION OF THE WEBSITE OR SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KIDADL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR KIDADL OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF KIDADL OR THE WEBSITE, SERVICE, OR PRODUCTS THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PRODUCTS, WEBSITE OR SERVICE AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE) OR ANY LOSS OF DATA, INCLUDING YOUR CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 25 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Kidadl does not disclaim any warranty or other right that Kidadl is prohibited from disclaiming under applicable law.

Mediavine Programmatic Advertising (Ver 1.1)

    The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

 

    First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The "help" feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

 

    Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

 

    The Website collects the following data using a cookie when serving personalized ads:

      - IP Address

      - Operating System type

      - Operating System version

      - Device Type

      - Language of the website

      - Web browser type

      - Email (in hashed form)

 

    Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

 

    If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

 

    For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.

Any questions?

If you’ve any questions about these Terms or Kidadl, you can contact us by emailing [email protected].

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