Kidstory

Terms of Use

1. Overview

Kidstory Inc. (“Kidstory”, “we”, “us” or “our”) owns and operates the Kidstory website: www.kidstory.life (the “Website”) and mobile application (the “App”) that provides parents, family and friends with a private platform to capture, access and share information, text, images, photographs, events, moments and other content from their childrens’ lives, including through a variety of category capture segments such as Favourites, Activities, Artwork, Quotes and Firsts (the “Services”). These Terms of Use (“Terms”) apply to the use of the Website, App and the Services. These Terms incorporate Kidstory’s Privacy Policy, which explains how we handle your personal information. You can access the Privacy Policy here: https://kidstory.life/privacy.html.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE OR ACCESS OUR WEBSITE, APP OR ANY OF OUR SERVICES. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KIDSTORY. BY ACCESSING OR USING THE WEBSITE, APP OR THE SERVICES, YOU CONFIRM YOUR AGREEMENT TO ACCEPT AND BE BOUND BY THESE TERMS, AS THEY BE AMENDED FROM TIME TO TIME (SEE BELOW), IN RELATION TO YOUR ENTIRE RELATIONSHIP WITH KIDSTORY, BOTH BEFORE AND AFTER YOUR ACCEPTANCE OF THESE TERMS. If the individual who accepts these Terms is accepting on behalf of a company or other legal entity, that individual represents that they have the authority to bind that entity and its affiliates to these Terms, in which case the term “you”, “your”, and “yourself” also refers to that entity and its affiliates. If the individual who accepts these Terms does not have that authority, or does not agree with these Terms, that individual and the company or other legal entity they represent must not accept these Terms and may not access or use the Website, App or the Services.

IN ADDITION, BY USING OUR WEBSITE, APP OR THE SERVICES AS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR OF LEGAL AGE IN YOUR JURISDICTION REQUIRED TO FORM A BINDING CONTRACT IF THAT AGE IS OVER 18).

Residents of Quebec are not permitted to use or access the Website, App or Services. If you are a resident of Quebec, please do not use or access the Website, App or Services or submit any personal information on or through the Website, App or Services.

2. Privacy

We care about your privacy. Any information that you provide to Kidstory is subject to our Privacy Policy, a copy of which is available at https://kidstory.life/privacy.html, which governs our collection, use disclosure of your personal information. You understand that through your use of the Website, App and Services you consent to the collection, use and disclosure (as set forth in the Privacy Policy) of your personal information, including the transfer of this information outside of Canada to other countries for storage, processing and use by Kidstory (as set forth in the Privacy Policy). As part of providing you with access and use of the Website, App and Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your user account, which you may not be able to opt-out from receiving.

3. Access to and Use of the Website, App and the Services

To access or use the Website, App or the Services you must sign up for, open, and maintain an account with Kidstory. Before completing the sign-up process for the type of account that you choose to create, you will be required to indicate your acceptance of these Terms. By creating an account, you represent, warrant, and covenant that you (i) can form a binding contract with Kidstory; (ii) will comply with these Terms and all applicable laws, rules, and regulations; (iii) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (iv) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times.

You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Website, App or Services via your account. Kidstory hereby disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else’s use of your account, username, or password, either with or without your knowledge.

We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Kidstory immediately of any breach of security or unauthorized use of your account. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

To close or cancel your account, send an email to info@Kidstory.life and provide your name, the email address associated with your account, and a phone number where you can be reached.

4. Payment Obligations

You acknowledge and agree that Kidstory hereby reserves the right to provide the Website, App and the Services to you for free or to charge you for access to and use of the Website, App and/or the Services (or certain features thereof). You will not be charged any fees for your access to or use of the Website, App and/or the Services (or certain features thereof) without your prior agreement to pay such fees. You acknowledge and agree that the Website, App and/or Services (or certain features thereof) may be made unavailable to you if you decide not to pay the fees or charges associated with your continued access to or use of the Website, App and/or Services (or certain features thereof). You further acknowledge and agree that to the extent that your access or use of the Website, App and/or the Services (or certain features thereof) is terminated for any reason, Kidstory will have no obligation to store and/or preserve your User Content and may delete or remove such User Content from the Website, App and/or Services in its sole discretion.

In addition, Kidstory may provide you with the opportunity to access and/or purchase the products and services of third-parties through the Website, App and Services (e.g., exporting your User Content in unique and creative ways through photobooks, framing, custom gifts, etc.). The details of these products and services will be made available to you when such products and services become available on or through the Website, App and Services.

5. Proprietary Rights and Licenses

Grant of License to use the Website, App and Services

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Website, App and Services for your personal, noncommercial use only and as permitted by the features of the Website, App and Services and in accordance with these Terms. Kidstory reserves all rights not expressly granted under these Terms in and to the Website, App, Services and the Content (as defined below). Kidstory may terminate this license at any time for any reason or no reason. Your Kidstory account gives you access to the Website, App and Services and functionality that we may establish and maintain from time to time, in our sole discretion.

Ownership of the Website, App and Services

You acknowledge and agree and agree that the Website, App and Services, including any and all intellectual property rights in or related to them, are, will be, and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the Website, App or Services convey or will convey to you any right, title, or interest in or in relation to the Website, App or Services. All rights in and to the Website, App and Services, and the intellectual property in and related to them are expressly reserved by their owner(s), except to the extent of the licence expressly granted to you in these Terms.

Ownership of Content

You acknowledge and agree that, except for public domain material and your personal information, all content, information, documents, and material on or that form part of the Website, App and Services from time to time (the “Content”) are protected by copyright and other laws and are, will be, and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. All rights in and to the Content are reserved by its owner(s) except to the extent of the limited licence expressly granted to you in these Terms. Other than to the extent expressly authorized in these Terms, you may not directly or indirectly host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, communicate to the public by telecommunication, make available, sublicense, sell, reverse-engineer, decompile, disassemble, merge with other data, translate, modify, or otherwise exploit the Content, in whole or in part, or authorize else to do so, without the express prior written consent of its owner(s).

Ownership of Trademarks

You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by Kidstory in connection with the Website, App or the Services (the “Trademarks”) are and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. All rights in and to the Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or licence to use any Trademark without the express written consent of its owner.

Ownership of Data

You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Website, App and the Services (collectively, “Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. You further acknowledge and agree that the Data is an original compilation protected by copyright law, Kidstory has dedicated substantial resources to collect, manage and compile the Data, and the Data constitutes trade secrets of Kidstory. All rights in and to the Data, and the intellectual property in and related to the Data, are expressly reserved by their owner(s), except to the extent of the limited licence expressly granted to you in these Terms.

6. User Content

Please read the following terms carefully. This section 5 relates to your creation and/or submission of User Content (as defined below) on or through the Website, App and the Services. Under this section, you are required to grant broad and significant rights to Kidstory, users of the Website, App and the Services, and others, in relation to the User Content that you provide and/or make available on and through the Website, App and the Services.

Definition of Use Content

“User Content” means any content, information, documents or other materials, including without limitation, text, images, photographs, works, copy, captions, taglines, slogans, concepts, designs, layouts, artwork, audio, videos, video recordings, digital recordings, footage, music, sound recordings or any other literary, dramatic, musical or artistic works that you create, submit, upload, publish or otherwise make available on or through the Website, App or the Services.

Grant of License to User Content

This section describes the nature of the license you agree to grant to Kidstory so that Kidstory can ensure that the User Content you provide can be used (i) as you intend on or through the Website, App and the Services; (ii) in connection with the operation of the Website, App and Services. Kidstory does not intend to use any User Content for purposes other than making the Website, App and Services available and facilitating your and other users’ use of the Website, App and Services. Kidstory will not sell or otherwise use your User Content other than for the purposes described in these Terms without your permission.

By creating, submitting, uploading, publishing or otherwise making available any User Content on or through the Website, App or the Services you hereby grant Kidstory the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, communicate to the public, perform, transmit, broadcast, make available, and otherwise exploit in any way the User Content and Adaptations (as defined below), including all copyrights and other intellectual property rights therein and thereto, in whole or in part, in any format or media now known or later devised, for or in connection with the Website, App and the Services, including providing the Services to Kidstory’s users in accordance with these Terms and authorizing the use of the User Content and Adaptations by those users in any way permitted by Kidstory and users from time to time (the “User Content Licence”). For clarity, and without limiting the foregoing, you agree that the User Content Licence includes the rights to modify, edit, and translate the User Content, combine and juxtapose the User Content with other content or materials, include the User Content in collective works, and create and exploit derivative works based on or including the User Content in whole or in part, including by posting, re-posting, sharing or otherwise making the User Content available on third party social media platforms (collectively, “Adaptations”).

Permissions

This section describes your obligation to obtain all necessary permissions from all persons who are depicted/featured in, or whose intellectual property is used in, the User Content that you submit.

You agree that before you create, submit, upload, publish, or otherwise make available any User Content on or through the Website, App or the Services, you will obtain from all persons who are, or whose intellectual or other property is, identified, depicted, or otherwise referred to in the User Content, all licences, permissions, consents, and waivers, including waivers of moral rights (“Permissions”) that are necessary for Kidstory, its users, and their respective affiliates, service providers, representatives, licensees, successors, and assigns to exercise their rights in and to the User Content in accordance with these Terms. If Kidstory determines that any Permission is in any way deficient, you must remove the affected material, or cause it to be removed, from the User Content or remove the User Content from the Website, App and the Services, and Kidstory may take any other steps it considers necessary or expedient to address the apparent deficiency. You further acknowledge and agree that you are solely responsible for keeping all Permissions current, at your sole cost and expense, for so long as the User Content remains available or accessible on or through the Website, App or the Services.

Representations and Warranties

You affirm, represent and warrant (i) that your User Content is original and you own all right, title, and interest in and to your User Content and any and all elements thereof or you have the rights in and to your User Content and have the consent of each and every identifiable natural person in the User Content to use and provide us with such person’s name, likeness, or other personal information in the manner contemplated by the Website, App, Services and these Terms, or the natural person’s parental consent in the case of any minors under the age of 18; and (ii) your User Content and our use thereof as contemplated by these Terms, the Website, App and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property, privacy, proprietary, confidentiality, and/or any other similar rights. Kidstory will not be responsible or liable for any User Content that you or any User provides and for any consequences thereof, including the use of your User Content by other users and third parties. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and you agree that Kidstory shall not be liable for any damages you allege to incur as a result of User Content.

User Feedback

Kidstory welcomes any feedback, comments and suggestions you may have to improve the Website, App and the Services (“Feedback”), either through the Website, App or Services or by contacting us directly at info@kidstory.life. You hereby grant Kidstory and its designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, make available, and otherwise exploit any Feedback you submit, for any purpose, without further obligation to you. No Feedback will be subject to any obligations of confidentiality and Kidstory will not be liable for any future use or disclosure of such Feedback.

7. Advertising Disclaimer

Kidstory does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods, or services available or unavailable from or through any third party advertised on or linked to through the Website, App or the Services (collectively, “Advertisers” and each an “Advertiser”). You agree that, if you use or rely on any Content, User Content, or data, advertisement, products, goods, or services purportedly available from or through any Advertiser, Kidstory is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with that use or reliance. Your dealings with any Advertiser or other user, and any terms, conditions, representations, or warranties associated with those dealings, are solely between you and that Advertiser or other user and do not involve Kidstory. You should make whatever investigations that you deem reasonable or necessary or appropriate before contacting, hiring, purchasing products or services from, or otherwise engaging with any Advertiser or other user.

8. Restrictions and Code of Conduct

The Website, App, Content and the Services are provided for your personal and non-commercial use and for informational purposes regarding our Website, App and Services only. Any other use of the Website, App, Content or the Services requires the prior written consent of Kidstory.

General

You agree that you will not attempt, nor permit any third party to, enter restricted areas of Kidstory’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. While using the Website, App or the Services, you agree to comply with these Terms and all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website, App and the Services. In addition, without limiting the foregoing, you agree not to engage in any of the following prohibited activities:

using any scraper, spider, robot or other automated means of any kind to access the Website, App or the Services, deep-link to any feature, Content or User Content on the Website, App or the Services, crawl the Website, App or the Services in any manner, or bypass any other measures we may use to prevent or restrict access to the Website, App or the Services;
overloading, flooding, spamming, mail-bombing the Website, App or the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website, App or the Services;
undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Content, User Content, Website, App or the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Content, User Content, Website, App or the Services other than as intended by Kidstory;
download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content, User Content or other information contained in the App, Website or the Services, except as expressly authorized by Kidstory in writing;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
violate, plagiarize or infringe our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
taking any action that imposes, or may impose, as determined in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Website, App or the Services or communications equipment, devices and/or computers connected to the Website, App or the Services;
uploading or otherwise transmitting to or through the Website, App or Services any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind;
collecting or harvesting any personal information, including account names, from, on or through the Website, App or the Services;
deleting the copyright and other proprietary rights notices on the Content, User Content, Website, App or the Services;
uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
impersonating another person or otherwise misrepresenting your identity or affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Website, App or the Services;
accessing, tampering with, or using any Content, User Content, user accounts, personal information or other information on the Website, App or the Services through any technology or means other than those provided or authorized by these Terms;
bypassing the measures we may use to prevent or restrict access to the Website, App or the Services, including without limitation features that prevent or restrict use or copying of any Content or to enforce limitations on use of the Website, App or the Service or the Content or User Content therein;
engaging in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms;
violating any applicable law or regulation; or
encouraging or enabling any other individual to do any of the foregoing.

User Content

Kidstory expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Without limitation, you agree that you will not post or transmit on or through the Website, App or the Services or to other users anything, including User Content, that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on or through the Website, App or the Services);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way;
is illegal or promotes or encourages any illegal activities;
promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
contains "masked" profanity (i.e., F*@&#);
contains software viruses 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; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms.

Kidstory reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. You agree that Kidstory may use all information (including personal information), materials and records relating to your use of the Website, App or Services to investigate complaints or allegations of your or any third-party’s: (i) breach of these Terms; (ii) infringement of third-party rights; or (iii) unauthorized use of the Website, App or Services. Kidstory does not intend to disclose the existence or occurrence of any such investigation unless required by law or if requested by law enforcement officials.

9. Termination of Access

In addition to any right or remedy that may be available to us under these Terms or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Website, App or the Services, at any time with or without notice, and for any reason or no reason, including if Kidstory determines, in our sole discretion, that you pose a threat to the Website, App, Services or users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

To the extent that your access or use of the Website, App and/or the Services (or certain features thereof) is terminated for any reason, Kidstory will have no obligation to store and/or preserve your User Content and may delete such User Content in its sole discretion.

10. Linked Websites

The Website, App or the Services may provide links to third-party websites for your convenience only. Kidstory is not responsible for those websites and the inclusion of these links does not imply that Kidstory either monitors or endorses them. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Website or App. Your use of these third-party websites is at your own risk. Kidstory is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.

11. Monitoring

Kidstory is under no obligation to screen or monitor Content or User Content but may review Content and User Content from time to time in its sole discretion. Kidstory will make all determinations as to what User Content and Content is appropriate in its sole discretion. Kidstory may edit or remove any User Content or Content at any time without notice.

12. Internet Software or Computer Viruses

Due to technical issues with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website, App and the Services. Due to our ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the App or Website.

KIDSTORY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE, USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS OR OTHER CONTENT FROM THE WEBSITE.

Kidstory recommends that you install appropriate anti-virus and other protective software.

13. Access to the Internet

You acknowledge and agree that you are solely responsible for obtaining access to the Internet and the equipment necessary to use the Website, App and the Services. If you use your Facebook, Instagram iPhone Favourites or other photo source login(s) to register your account, you are authorizing us to access certain information in your Facebook, Instagram or iPhone Favourites account in accordance with our Privacy Policy.

14. Indemnity

You agree to indemnify, defend and hold harmless Kidstory, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms or applicable law.

15. No Warranties / Limitation of Liability

WHILE KIDSTORY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, APP OR SERVICES, KIDSTORY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. KIDSTORY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE, APP OR THE SERVICES. YOUR USE OF THE WEBSITE, APP OR THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, APP AND THE SERVICES, INCLUDING ALL CONTENT AND USER CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND KIDSTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE USER CONTENT OR CONTENT ON THE WEBSITE, APP OR THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KIDSTORY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDSTORY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, APP OR THE SERVICES OR ANY MATERIALS, USER CONTENT OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, APP OR THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDSTORY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, APP OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, USER CONTENT, AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL KIDSTORY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Governing Law

These Terms and your use of our Website, App and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Kidstory in connection with your use of our Website, App and the Services.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.

17. Copyright Dispute Policy (Canada)

If you believe that material or content that resides or is accessible on or through the Website, App or the Services infringes a copyright, please send a notice of claimed infringement to Kidstory, either by email at info@Kidstory.life or by mail to the following address: Kidstory Inc., 10 Alcorn Avenue, Suite 303, Toronto, Ontario M4V 3A9 The notice should contain the following information:

contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
identification of the work or other subject matter to which the claimed infringement relates;
a description of the claimant’s interest or rights in or to the work or other subject matter;
identification of electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that Kidstory is capable of finding and verifying its existence;
the date and time of the commission of the claimed infringement; and
any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

an offer to settle the claimed infringement;
a request or demand, made in relation to the claimed infringement, for payment or for personal information;
any reference, including by way of hyperlink, to such an offer, request, or demand; or
any other information that may be prescribed under applicable laws or regulations.

If the notice is not compliant with these requirements, Kidstory will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with these Terms, it is Kidstory’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that Kidstory has removed or disabled access to the material; and where Kidstory deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Website, App, the Services, and the Content, User Content and other materials they contain, in whole or in part.

18. Copyright Dispute Policy (United States)

Kidstory has adopted a general policy regarding copyright in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). Kidstory removes material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA provides the rules for reporting copyright infringement and for filing a counter-notification. If you believe your copyright is being infringed, you can report the alleged violation. Kidstory may, as determined by Kidstory in its sole discretion, terminate or suspend user accounts that are repeat infringers of the intellectual property rights of others. Kidstory also reserves the right to terminate user accounts based on even a single infringement.

If you believe that your copyright is being infringed, you can file a DMCA notification with Kidstory by emailing us at info@kidstory.life. Your DMCA notification must include all of the following information:

an electronic or physical signature of the owner of the copyright interest or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing on the copyrights work is located on our Website, App or Services, that is sufficient for Kidstory to locate the material;
your email address, address, and telephone number;
a statement by you that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and legal fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or person authorized to act on the copyright owner’s behalf.

You may also send DMCA notification to us at the following address:

10 Alcorn Avenue, Suite 303, Toronto, Ontario M4V 3A9

19. Entire Agreement

This Agreement and our Privacy Policy are the entire and exclusive agreement between Kidstory and you regarding the Website, App, Services, Content and User Content and these Terms supersede and replace any prior agreements between Kidstory and you regarding the Website, App, Services, Content and User Content.

20. Modifications

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. Kidstory will post the most recent version of these Terms be posted on our Website and App. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Website, App or the Services after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.

21. Severability

If any part of these Terms is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

22. No Waiver

The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

23. Assignment

These Terms are not assignable, transferable or sub-licensable by you except with Kidstory’s prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.

24. Questions

Should you have any questions regarding these Terms you may contact us at info@Kidstory.life.