Terms of use
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE PLAYING ANY OF THE GAMES.
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN
"YOU" AND TOP LINE SOLUTIONS PTE. LTD. ("GOKIDS!"), having company ID
number 201432278K, with headquarters located in Singapore and/or any of its
subsidiaries and affiliates (collectively "GOKIDS!" "WE",
"OUR" "US").
THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES LOCATED AT THE
URL(S) gokidsmobile.com; AS WELL AS ALL ASSOCIATED
SITES LINKED BY GOKIDS!, ITS SUBSIDIARIES AND AFFILIATED COMPANIES
(COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFICED, ALL
REFERENCES TO "SITE" ALSO INCLUDE THE GAMES, MATERIALS, CONTENT,
SERVICES AVAILABLE THROUGH THIS SITE AND ANY SOFTWARE THAT GOKIDS! PROVIDES TO
YOU FOR DOWNLOAD IN YOUR MOBILE DEVICES (EACH A "MOBILE APPLICATION")
(ALL OF THESE COLLECTIVELY, THE "SERVICE").
By playing our games (the "Games"), by accessing, downloading, or
using any of our Mobile Applications, products, Site, or the Service in any
way; by accessing the Service through Third Party Platforms, including social
networking sites; by clicking on the "I ACCEPT" button, or by
completing the registration process, YOU REPRESENT THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION,
USE AND STORAGE OF YOUR INFORMATION AS OUTLINED IN GOKIDS! PRIVACY AND COOKIE
POLICY. (All of the above, collectively "YOUR ACCEPTANCE").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS
ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY.
THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS
INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A
RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT
UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE
APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION
COUNTRY IN WHICH YOU RESIDE.
1. GENERAL USE AND CHANGES
The Service is licensed, not sold, to you. GOKIDS! reserves the right to refuse
any user access to the Service without notice for any reason, including, but
not limited to, any violation of the Terms. You agree that GOKIDS! may suspend
or discontinue the Service (or any feature or Mobile Application thereof) or
change the content of the Service at any time, for any reason, with or without
notice, and without liability.
IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, YOU MAY NOT BE ABLE TO USE ALL THE
SECTIONS OF THE SERVICE OR SUBMIT ANY INFORMATION TO GOKIDS! OR THE SERVICE. IF
YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE A PARENT OR LEGAL
GUARDIAN OF A MINOR USING THE SERVICE, YOU HEREBY AGREE THAT YOU HAVE REVIEWED
AND AGREED TO THESE TERMS, TO BIND THE MINOR TO THESE TERMS AND TO FULLY
INDEMNIFY AND HOLD HARMLESS GOKIDS! IF THE MINOR BREACHES ANY OF THESE TERMS.
IF YOU ARE A MINOR, YOU UNDERSTAND THAT YOU NEED YOUR LEGAL GUARDIAN'S
PERMISSION TO USE THE SERVICE. If you are a parent or legal guardian of a
minor, you hereby agree to bind the minor to these Terms and to fully indemnify
and hold harmless GOKIDS! if the minor breaches any of these Terms.
GOKIDS! can change, update, or add or remove provisions of these Terms, at any
time by posting the updated Terms on the Service and by notifying you either
through a banner on the Service or, depending on your account status, via email
at GOKIDS!'s sole discretion. These Terms will come into effect within 5 days
of posting. By using the Service after GOKIDS! has updated the Terms, you are
agreeing to all the updated Terms; if you do not agree with any of the updated
Terms, you must stop using the Service. Also, please know that these Terms may
be superseded by expressly-designated legal notices or terms located on
particular features of the Service. These expressly-designated legal notices or
terms are incorporated into these Terms and supersede the provision(s) of these
Terms that are designated as being superseded.
You understand and agree that the Service (and any Mobile Applications) are
evolving. As such, GOKIDS! may require that you download and install updates to
the Service, at any time, without notice or liability to you. You also
understand and agree that any such changes or updates to the Mobile
Applications might change the system specifications necessary to use the Mobile
Application, and in such a case, you, and not GOKIDS!, are responsible for
purchasing any necessary additional software and/or hardware in order to access
and use the Mobile Application. You acknowledge that when an upgrade is
available, previous versions of the Mobile Application may cease to be
available or no longer be supported by GOKIDS!.
2. PRIVACY
Any information provided by you and used by our Service is subject to our
PRIVACY POLICY. If you access our Service through Third Party Platforms, any
information provided by you and used by our Service is also subject to, where
applicable, the privacy regulations set forth by Third Party Platforms. Please
refer to our 'Access through Third Party Platforms' section for more
information.
3.USE OF THE SERVICE
(a) Visitors and Guests. If you are a visitor, You will be able to
view and use certain of the features of the Service that are available without
registration. You need not register with GOKIDS! to simply visit and view the
Site, the public information on the Service or to download certain of the
Mobile Applications. You will also have the option to play Games as a guest if
that is your preference.
(b) Account Registration. In order to access certain features of
the Service you may be required to become a Registered User. For purposes of
the Terms, a "Registered User" is a user of the Service
("User," or "user") who has registered an account with us
("Account") or has a valid account on the social networking service
through which the User has connected to the Service (each such account, a
"Third-Party Account").
(c) Access through Third Party Platforms. If you access the Service
through a social networking service or other third-party service (each a
"Third Party Platform") as part of the functionality of the Service,
you may link your Account with Third-Party Accounts, by allowing GOKIDS! to
access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent that
you are entitled to disclose your Third-Party Account login information to GOKIDS!
and/or grant GOKIDS! access to your Third-Party Account (including, but not
limited to, for use for the purposes described herein) without breach by you of
any of the terms and conditions that govern your use of the applicable
Third-Party Account and without obligating GOKIDS! to pay any fees or making GOKIDS!
subject to any usage limitations imposed by such third-party service providers.
Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally
identifiable information or personal data that you post to your Third-Party
Accounts may be available on and through your Account on the Service. You have
the ability to disable the connection between your Account and your Third-Party
Accounts at any time by accessing the "Settings" section of the
Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND GOKIDS! DISCLAIMS ANY
LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION OR PERSONAL DATA THAT MAY BE
PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE
PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally,
You agree and understand that We do not control those Third-Party Platforms and
their content. You are subject to and should read the terms of use agreements
and privacy policies that apply to such Third-Party Platforms.
(d) Registration Data. In registering for the Service, you agree to
(i) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (the "Registration
Data"); and (ii) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. You are responsible for all
activities that occur under your Account. You may not share your Account or
password with anyone, and you agree to (A) notify GOKIDS! immediately of any
unauthorized use of your password or any other breach of security; and (B) exit
from your Account at the end of each session. If you provide any information
that is untrue, inaccurate, not current or incomplete, or GOKIDS! has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, GOKIDS! has the right to suspend or terminate your
Account and refuse any and all current or future use of the Service (or any
portion thereof). GOKIDS! reserves the right to remove or reclaim any usernames
at any time and for any reason, including but not limited to, claims by a third
party that a username violates the third party's rights.
(e) Network Access. When you access the Service through a mobile
network, your network or roaming provider's messaging, data and other rates and
fees will apply. Downloading, installing or using certain services may be
prohibited or restricted by your network provider and not all features of the
Service may work with your network provider or device.
4. RULES OF CONDUCT
By using GOKIDS!'s Service you agree NOT to (or solicit another user to do so):
Any use of the Service in
violation of these limitations is strictly prohibited, can result in the
immediate revocation of your license and may subject you to liability for
violations of law. GOKIDS! reserves the right to determine what conduct it
considers to be in violation of the rules of use or otherwise outside the
intent or spirit of these Terms of Use or the Service itself. In the event of a
breach of any of the above, GOKIDS! will decide at its sole discretion what
actions, if any, it will take, including terminating your Account, prohibiting
you from using the Service and/or informing the appropriate authorities.
5. VIRTUAL CURRENCY AND GOODS
The Service may include the option to purchase, with "real world"
money, a license to use (i) virtual, in-game currency ("Virtual
Currency") as well as (ii) virtual, in-game goods ("Virtual
Goods") by using legal tender. This can only be done if you are considered
a legal adult in your country of residence. Virtual Currency and/or Virtual
Goods may be purchased only via the Service and only in the manner stipulated
in each Game. Any Virtual Currency and/or Virtual Goods obtained by Users other
than through the Service, may be deemed void or voidable by GOKIDS!, at its
sole discretion.
ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE,
unless stated otherwise at our discretion. You will have no right or title to
any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may
only be redeemed toward the purchase of Virtual Goods or items. Virtual
Currency is not legal tender and cannot be reloaded, resold, transferred for
value, redeemed for cash or applied to any other Account, except to the extent
described herein, or as required by applicable law.
Virtual Currency does not expire. Notwithstanding the foregoing, GOKIDS! has
absolute control over all Virtual Currency and Virtual Goods and at any time
has the right to change the value, modify and/or eliminate any Virtual Currency
and Virtual Goods as it sees fit and without any liability. GOKIDS!'s
obligation to you regarding purchased Virtual items will be deemed performed
upon transfer of the Virtual Goods and/or Virtual Currency to your Account.
NO REFUNDS WILL BE GIVEN BY GOKIDS!. The Virtual Currency and Virtual Goods
have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE
USED WITHIN THE GAMES OFFERED BY GOKIDS!. Other than a limited, revocable,
non-transferable license to use the Virtual Currency or Virtual Goods in the
Games, you have no right in or title to such Virtual Currency and Virtual
Goods. In the event that your Account is terminated or suspended for any
reason, in GOKIDS!'s sole and absolute discretion, or if GOKIDS! discontinues
its Games, you forfeit any and all Virtual Currency and Goods. GOKIDS! has the
absolute right to manage, regulate, control, modify, and/or eliminate Virtual
Currency and/or Virtual Goods as it sees fit in its sole discretion, and GOKIDS!
shall have no liability to you or anyone for the exercise of such rights.
6. PAYMENT OF FEES
You agree to pay all fees and applicable taxes incurred by you or anyone using
an Account registered to you. GOKIDS! may revise the pricing for the goods and
services offered through the Service at any time. GOKIDS! may also provide
links to other websites or third party services, some of which may charge
separate fees, which are not included in any fees that you may pay to GOKIDS!.
Any separate charges or obligations that you incur in your dealings with third
parties are your responsibility. Fees are non-refundable (please refer to
Section 5).
7. TERM AND TERMINATION
(a) Term. The Terms commence on the date when you Accept them (as
described in the preamble above) and remain in full force and effect while you
use the Service, unless terminated earlier in accordance with the Terms.
(b) Termination. If you want to terminate the Service, you may do
so by (a) notifying GOKIDS! at any time; and/or (b) closing your Account. We
reserve the right to terminate or suspend your Account or access to any or all
of the Games at any time and for any reason. It is within our sole discretion
and determination to terminate your Account for what we deem to be a violation
or breach of these Terms. In the event that we terminate or suspend your
Account, you will have no further access to your Account or anything associated
to it. As stated above, you will not be entitled to a refund of any Virtual
Currency or Virtual Goods acquired or developed during your use of the Games or
the Service.
(c) Effect of Termination. Termination of any feature of the
Service includes removal of access to such feature. Termination of the Service
includes deletion of your password and all related information, files and
Content associated with or inside your Account (or any part thereof), including
Your Content. GOKIDS! will not have any liability whatsoever to you for any
suspension or termination, including for deletion of Your Content. All
provisions of the Terms which by their nature should survive, shall survive
termination of the Service, including without limitation, ownership provisions,
warranty disclaimers, and limitation of liability.
8. DISPUTES BETWEEN USERS
You are solely responsible for your interactions with other users of the
Service. GOKIDS! may at any time intervene in disputes between you and other users,
but is under no obligation to do so. GOKIDS! will not be liable for anything
resulting from these disputes, including, but not limited to, claims and
damages, of any kind.
If you have a dispute with one or more users, YOU RELEASE GOKIDS! (and our officers,
directors, agents, subsidiaries, joint ventures and employees) FROM CLAIMS,
DEMANDS AND DAMAGES (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code paragraph
1542, which says: A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You
agree that your access and use of the Service shall be at your sole risk. TO
THE FULLEST EXTENT PERMITTED BY LAW, GOKIDS!, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. GOKIDS! makes no
warranties or representations about the accuracy or completeness of the content
of the Service or the content of any sites linked to the Service and, to the
fullest extent permitted by applicable law, assumes no liability or
responsibility for any:
10. LIMITATION OF LIABILITY
GOKIDS!'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO
THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID GOKIDS!
IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE
LIABILITY.
UNDER NO CIRCUMSTANCES WILL GOKIDS! BE LIABLE TO YOU OR ANY THIRD PERSON FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE
SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER
OR NOT GOKIDS! HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
The foregoing limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction. You specifically acknowledge
that GOKIDS! shall not be liable for user submissions or the defamatory,
offensive, or illegal conduct of any third party and that the risk of harm or
damage from the foregoing rests entirely with you.
THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS
A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW
IN YOUR USUAL PLACE OF RESIDENCE.
11. INDEMNIFICATION
You agree to indemnify and hold GOKIDS!, its parents, subsidiaries, affiliates,
officers, employees, agents, partners and licensors (collectively, the "GOKIDS!
Parties") harmless from any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out of: (a) Your
Content; (b) your use of, or inability to use, the Service; (c) your violation
of the Terms; (d) your violation of any rights of another party, including any
Users; or (e) your violation of any applicable laws, rules or regulations. GOKIDS!
reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with GOKIDS! in asserting any available
defenses. You agree that the provisions in this section will survive any
termination of your Account, the Terms or your access to the Service.
12. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You acknowledge that all intellectual property rights in our Service and its
underlying technology, and all information and content available on or through
the Service (excluding User Content (as defined below) but including the
characters, graphics, storylines, sounds, Virtual Currency and Virtual Goods in
the Games) are owned by us and/or our suppliers (including other users).
The Service is protected by copyright laws throughout the world. Subject to
your compliance with these Terms, and any other relevant GOKIDS! policies, GOKIDS!
grants you a limited, non-exclusive, non-transferable, non- sublicenseable,
revocable license (subject to the limitations set forth herein) to download,
install, access, view and/or use the Service (including a copy of the Mobile
Application on a single mobile device or computer that you own or control)
solely for your personal non-commercial entertainment purposes. No other use of
the Service is authorized. In consideration of this authorization, you agree
that any copy of the features of the Service or its components that you make
shall retain all copyright and other proprietary notices in the same form and
manner as on the original.
You may not otherwise use, download, upload, print, display, perform,
reproduce, publish, license, post, transmit, modify, create derivative works
of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or
exploit the Service or its features or components in whole or in part without
our prior written authorization. Furthermore, with respect to any Mobile
Application accessed through or downloaded from the Apple App Store (an
"App Store Sourced Application"), you will only use the App Stored
Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's
proprietary operating system), and (ii) as permitted by the "Usage
Rules" set forth in the Apple App Store Terms of Service. You may not sell, copy,
exchange, transfer, assign or otherwise distribute anything you copy or buy
from the Mobile Application, unless you are expressly permitted by GOKIDS!. We
and our suppliers (including other users) reserve all rights not granted in
these Terms. There are no implied licenses.
All trademarks, logos and service marks displayed on the Service
("Marks") are our property or the property of other third parties.
You are not permitted to use these Marks without our prior written consent or the
consent of such third parties which may own the Marks.
13. USER CONTENT
(a) User Content. You agree that you are willingly publishing
content on the Service using technology and tools provided by GOKIDS!. Any
data, text, information, files, graphics, photographs and their selection and
arrangement, (hereinafter "User Content") uploaded, posted to,
emailed, transmitted or otherwise made available ("Make Available")
through the Service are subject, whether in whole or in part, to unlimited
commercial, non- commercial and/or promotional use by GOKIDS!. (When User
Content is Made Available by you, it becomes "Your Content"). User
Content is the sole responsibility of the person from whom the User Content
originated. Thus, users are responsible, and GOKIDS! is not responsible, for
any User Content users Make Available. GOKIDS! may or may not regulate User
Content and does not guarantee the accuracy, quality, or integrity of any User
Content Made Available via the Service . By using the Service, you acknowledge
and accept that you may be exposed to material you find offensive or
objectionable. You agree that GOKIDS! will not under any circumstances be
liable for any User Content, including, but not limited to, errors in any User
Content, or any loss or damage incurred by use of the User Content. GOKIDS!
does not have the obligation to and will not monitor any User Content but has
the right, in its discretion, to remove any User Content in case of a
complaint.
(b) Public Discourse. The Service may include various forums, blogs
and chat features ("Forums") where you can post User Content,
including, but not limited to, your observations and comments on designated
topics. GOKIDS! cannot guarantee that other Users will not use the ideas and
information that you share. Therefore, if you have an idea or information that
you would like to keep confidential and/or do not want others to use, do not
Make it Available on the Service. GOKIDS! shall have no responsibility to
evaluate, use or compensate you for any ideas or information you may choose to
submit. When you disclose information or rely on any information in the Forums,
you do so at your own risk.
(c) License to User Content. You hereby grant to GOKIDS! an
irrevocable, perpetual, transferable, non- exclusive, royalty-free, worldwide
license (including the right to sublicense and assign to third parties) and
right to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense,
transfer, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way, Your Content as well as all modified and derivative works
of Your Content in connection with our provision of the Service, including
marketing and promotions of the Service. Except as prohibited by law, you waive
any rights of attribution and/or any moral rights you may have in Your Content,
regardless of whether Your Content is altered or changed in any manner. YOU
WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU
MAKE AVAILABLE THROUGH THE SERVICE.
(d) Ownership of Your Content. GOKIDS! does not claim any ownership
rights in User Content and nothing in these Terms is intended to restrict any
rights that you may have to use and exploit Your Content. GOKIDS! has no
obligation to monitor or enforce your intellectual property rights in or to
Your Content.
(e) Ownership of Other Content. Except with respect to Your
Content, you agree that you have no right or title in or to any Content that
appears on or in the Service, including, but not limited to, the Virtual Goods
or Currency appearing or originating in any GOKIDS! Game, whether earned in a
Game or purchased from GOKIDS!, or any other attributes associated with an
Account or stored on or in the Service.
14. ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS
(a) App Stores. You acknowledge and agree that the availability of
the Application and the Service is dependent on the third party from whom you
received the Application license, e.g., the Apple App Store or Google Play
("App Store"). You acknowledge that the Terms are between you and GOKIDS!
and not with the App Store. GOKIDS!, not the App Store, is solely responsible
for the Service, including the Application, the content thereof, maintenance,
support services, and warranty therefor, and addressing any claims relating
thereto (e.g., product liability, legal compliance or intellectual property
infringement). In order to use the Application, you must have access to a
wireless network, and you agree to pay all fees associated with such access.
You also agree to pay all fees (if any) charged by the App Store in connection
with the Service, including the Application. You agree to comply with, and your
license to use the Application is conditioned upon your compliance with, all
applicable third-party terms of agreement (e.g., the App Store's terms and policies)
when using the Service, including the Application. You acknowledge that the App
Store (and its subsidiaries) are third-party beneficiaries of the Terms and
will have the right to enforce them.
(b) Additional License Terms for use of the Service in conjunction with
the Apple App Store. The following applies to any App Store Sourced
Application accessed through or downloaded from the Apple App Store:
(c) Additional License
Terms for use of the Service in conjunction with the Android App Store. The
following additional terms and conditions apply with respect to any Mobile
Application that GOKIDS! provides to you designed for use on an Android-powered
mobile device (an "Android App"):
15. APPLICABLE LAW AND
ARBITRATION AGREEMENT
These Terms and any action related to these Terms will be governed by and
interpreted under the laws of Singapore. Notwithstanding the foregoing, if You
are a resident of the European Union or the Russian Federation, please note
that under certain circumstances you may be able to invoke the protection which
is afforded to you by provisions of the law of the country you reside in that
cannot be derogated from by agreement.
You hereby agree to the binding ARBITRATION AGREEMENT. In any circumstances
where the foregoing Arbitration Agreement permits the parties to litigate in
court, the parties hereby agree to submit to the personal jurisdiction of the
courts located within Singapore, Singapore, for such purpose and you hereby
waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in the courts of Singapore, Singapore.
Notwithstanding the foregoing, if You are a resident of the European Union or
the Russian Federation, please note that under certain circumstances you may be
able to bring a dispute before the appropriate authorities or courts in the
European Union country in which you reside.
16. CONSUMER COMPLAINTS
In accordance with California Civil Code paragraph 1789.3, you may report complaints to
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by contacting them in writing at 400
R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If You are a resident of the European Union, you may report complaints to Your
local consumer protection authorities.
17. GENERAL
These Terms together with our PRIVACY AND COOKIE POLICY and our ARBITRATION
AGREEMENT constitute the entire agreement between you and GOKIDS! regarding
your use of our Service (Site, Service, Mobile Applications, Games and all
related content), and supersede and replace any prior written or oral
agreements regarding the foregoing. Our failure to exercise or enforce any
right or provision in these Terms shall not operate as a waiver of such right
or provision. If any provision of the Terms is found to be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from
the Terms and shall not affect the validity and enforceability of any remaining
provisions. Neither the rights nor obligations arising under these Terms are
assignable by you, and any such attempted assignment or transfer shall be void
and without effect. We may assign these Terms without restriction.
You may not use, export, import, or transfer the Service except as authorized
by the laws of the United States of America, the laws of the jurisdiction in
which you obtained the Service, and any other applicable laws. You also will
not use the Service for any purpose prohibited by U.S. law, including the
development, design, manufacture or production of missiles, nuclear, chemical
or biological weapons. You acknowledge and agree that products, services or technology
provided by GOKIDS! are subject to the export control laws and regulations of
the United States of America. You shall comply with these laws and regulations
and shall not, without prior U.S. government authorization, export, re-export,
or transfer the GOKIDS! products, services or technology, either directly or
indirectly, to any country in violation of such laws and regulations.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact our Support at
feedback.gokids@gmail.com. We will make every effort to resolve your concerns.