LAST UPDATED OCTOBER 2022
Welcome to KidsPod Co. ("KidsPod," "We," or "Us"). These Terms of Use (the "KidsPod Terms") are a legal agreement between you and KidsPod. Please read these terms carefully as they detail the terms you will need to know about the KidsPod mobile application (the "App"), websites, software downloads and other online services and products (collectively, the "Services"), and when you access the podcasts or other content (collectively, the "Content") (whether through our Services or third-party services). By accessing and using the Services, you are agreeing to be bound by the KidsPod Terms and you are agreeing to be bound by these terms on behalf of any minor child in your household using these Services (collectively "you").
We may change or terminate the Services or these Terms of Use for any reason at any time and without prior notice. If the alterations constitute a material change to the Terms of Use, we will post an updated and revised Terms of Use on our websites or access from our mobile applications, which shall be effective on the date indicated. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense, standard industry practices and reasonable judgment. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the services, with or without prior notice. Otherwise applicable sections of the Terms of Use shall survive termination. We also reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use. Upon termination, you must cease all use of the services, including any of the Content.
When you download the App from the relevant app store ("App Store"), you are acknowledging that you have read, understand and agree to the KidsPod Terms.
If you do not agree to the KidsPod Terms, We will not license the Services to you, you must stop using the Services, and you must uninstall the KidsPod Application and/or Software from your devices by following the method appropriate to your particular device.
You may download the App free of charge. You may use some Services and Content free of charge but you acknowledge that certain additional premium Services and Content may be only applicable to subscribers of premium Services and Content for which there will be a specified fee which you will pay, by way of an in-app purchase ("In-App Purchases")
If you purchase any premium Services or Content through In-App Purchases, then the App Store provider's terms and conditions (sometimes referred to as an "EULA") applicable to in-app purchases will apply. You acknowledge and agree any billings and transactions are handled by the App Store provider. You should contact the App Store provider directly if you have any payment related issues with In-App Purchases.
The use of a voucher, promotion, or coupon code which you may acquire and use for the purposes of the App may be subject to other terms.
You must be 18 years or older or have your parent or guardian's consent to use the Services and any related services.
You may be required to create an account to have access to all aspects of the Services. If you register with us using a password(s), you are responsible for keeping your password(s) secure, and you are fully responsible for all activities that occur under your password(s). KidsPod shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by KidsPod, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
You agree not to alter or modify any part of the Services or any of its related technologies. You will not remove any copyright, trademark or other proprietary notices from material found on the Services. Content on the Services is provided to you for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose. We reserve all rights not expressly granted in and to the Services and any and all content, information, materials, text, graphics, photographs, images, moving images, sound, and illustrations, computer code, and software (collectively, the "Content").
You agree not to distribute any part of the Services in any medium without our prior written authorization. You further agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Services for any commercial purposes.
You agree not to access Content produced by us or any third party through any technology or means other than the playback pages of the websites or client applications, or other explicitly authorized means we may designate.
You further agree not modify another website so as to falsely imply that it is associated with us.
You agree not to use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
In the event of the addition of any messaging capabilities you must not create or submit unwanted email to any other registered members or use the Services to send spam.
Your use of the Services must not violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide.
You must not engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information.
You must not obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services.
You must not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network.
You agree not to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.
You must not take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
You must not upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices or systems.
You shall not engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.
Violation of any of these terms may result in the termination of your account. While we prohibit such conduct and content on our Services, you understand and agree that we cannot be responsible for content posted, submitted, or otherwise made available on our Services or the conduct of other users. You further agree that nonetheless you may be exposed to such materials and that you use the Services at your own risk.
Whilst We use reasonable efforts to provide Services, We do not guarantee that the App or our Services will be available 100% of the time.
We want to continually improve our Services and so We reserve the right to alter the App and Services at any time, including adding, removing or changing features (which may advantage or disadvantage you).
You acknowledge that We are not responsible for the accuracy of the Content that is uploaded to the Services and that reliance on such Content is expressly at your own risk. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of the information available on or through the Services.
The Services may contain advertisements and/or links to third party websites or services which are not provided, operated or controlled by Us. You acknowledge and agree that We are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions.
Any arrangement made between you and any third party named on the App is at your sole risk and responsibility.
We may, but have no obligation to, remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
All trademarks, service marks and trade names of ours used herein (including but not limited to: names, logos, designs, and any associated slogans) (collectively "Marks") are trademarks or registered trademarks of us or our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way without our prior written consent. You will not use our name or any language, pictures or symbols which could, in our reasonable judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.
By providing or submitting preference information, personal information, ratings, and other materials ("Materials"), you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your Materials (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed, subject to the terms of our Privacy Policy.
By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy
Your use of the Services is at your own risk. We make no representations or warranties about the Services, including without limitation the operation of the Services or the information, materials, goods, or services appearing or offered on the Services or with respect to any websites or services linked from the Services. The Services are provided "as is", "with all faults," and "as available." Without limiting the generality of the foregoing, We disclaim all warranties, express, statutory or implied, including but not limited to (i) the warranties of merchantability, fitness for a particular purpose, workmanlike effort, title, quiet enjoyment, no liens and no encumbrances; (ii) the warranties against infringement, misappropriation or violation of any intellectual property or proprietary rights of any person; (iii) warranties arising through course of dealing or usage in trade; and (iv) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the services or otherwise by Us. Further, there is no warranty that the Services will meet your needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation. We make no warranties, express, statutory or implied, that the Services, including without limitation the content, functions or materials contained therein, will be timely, secure, accurate, error-free, complete, up-to-date, free of viruses, or uninterrupted. We do not necessarily endorse, support, sanction, encourage or agree with any content and we expressly disclaim any and all representations, warranties and liabilities in connection with any content. We make no representation that the services are appropriate or available for use outside of the United States. No oral or written information made available by or on behalf of Us shall create any warranty.
If applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.
Under no circumstances, including without limitation negligence, will We, our affiliates, or any party involved in creating, producing, or delivering the services be liable for damages or losses including without limitation direct, incidental, consequential, indirect, special, or punitive damages and lost profits arising out of the terms or your access, use, misuse, or inability to use the Services, including without limitation any content, or any websites or mobile applications linked from the Services, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of such damages, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
Any claim against Us shall be limited to the amount you paid, if any, for use of the Services; otherwise, your remedy with respect to any dispute with Us (including without limitation your use of the Services) is to discontinue your use of the Services.
You agree to indemnify, hold harmless, and defend Us, and our affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct, (iii) your violation or breach of these Terms of Use, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without our prior written consent. These obligations will survive any termination of these Terms of Use.
Our failure to enforce any provisions of the Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.
You cannot assign these Terms of Use, or any rights or obligations herein, to any other person or entity and any attempted assignment in contravention of this provision is null and void and of no force or effect. We reserve the right to assign these Terms of Use, and any of its rights or obligations herein. These Terms of Use are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
These Terms of Use shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws rules. Any legal proceedings against KidsPod Co. that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state and federal courts located in Delaware and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions, complaints or claims about US, the Services or your use of the Services, please contact Us by email using info@kidspod.app, or in writing, by post, to KidsPod Co., 724 15th ST W Box 23592, Billings, MT 59102-4170.