KidMix is a FREE social network for kids. KidMix is intended for use by children under 18 only and requires parental consent for children under 13. KidMix is available on iOS, Android, and Web Browser providing cross platform communication for parents and kids. As used in these Terms, third party(ies) are persons or business entities, websites and other platforms and any other business or enterprise that is referred to in the context of these Terms as being other than KidMix or a user.
Terms of Service
The KidMix Social Network (the 'Service') is comprised of various web pages (any such web pages then in use being the 'Site') and software applications ('Application(s)') operated by KidMix, LLC ('KidMix', 'we', 'us', or 'our'). These technologies are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the 'Terms'). PLEASE TAKE THE TIME TO READ THESE TERMS CAREFULLY BEFORE YOU ACCESS THE SERVICE. By accessing or otherwise using the Service, you unconditionally accept and agree to be bound by these Terms, whether or not you have read them. Please read these terms carefully and keep a copy of them for your reference.
KidMix is continuously improving and enhancing the features available on the KidMix website and the KidMix applications. In some cases, you may see cryptic error messages filled with computer-speak. And occasionally, the site might not work at all. It's important for us to hear from you as you use KidMix. We want to know what you like, don't like, and have questions about. We'd like to know how we can make KidMix as useful as possible for you! Please email us at support@KidMixApp.comor go to https://kidmix.groovehq.com/help_center to make suggestions, share ideas, report problems, or ask a question. In doing so, however, you agree that, in the absence of any written agreement to the contrary, KidMix will be free to use any feedback you provide for any purpose and you are transferring any right of ownership with respect thereto to us and are waiving any right to compensation with respect thereto. We devote significant time to checking the feedback we receive!
Please address all operational questions to support@KidMixApp.com. Please understand that while in full operations mode KidMix cannot ensure or guarantee and does not warrant that the Service available through the Site or the Applications will be accurate, meet your particular needs or requirements or that the Service or the Site or Applications are complete, accurate or current.
Electronic Communications Using the Service or sending emails to KidMix constitutes electronic communications. While text messaging or other communications formats are not currently available, we may add these features and may also add 'Chat' features in the future. You will be notified of these changes in accordance with the 'Changes to Terms' provisions below. Your consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or by posting to the Site, satisfy any legal requirement that such communications be in writing.
By using the KidMix site and associated Applications, Parent and Child Account holders represent and warrant that:
a) All registration information they submit is truthful, accurate, current, and complete.
b) They will maintain the accuracy of such registration information by updating it promptly as changes are needed. Changes to registration information may be made by accessing the parent dashboard or settings on the App.c) Users will not upload, post, send, or store any content that is violent, shows partial or full nudity, is discriminatory, unlawful, infringing, cruel, or sexually suggestive.
d) Users will not bully, harass, defame, or intimidate anyone
e) Users will not spam or solicit other KidMix users
f) Users will not create more than one account for themselves
g) Users will not share their password
h) Users agree not to interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any KidMix page is rendered or displayed in a user's browser or device.
i) You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
j) All registrants acknowledge that they have never been charged or convicted of a sex offense or sex crime.
k) Their use of this Site and Applications does not violate any applicable law or regulation. You authorize us to make any inquires, either directly or through third parties, that we consider necessary to validate your registration information, including engaging their parties to provide such services as identity verification. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel accounts established using inaccurate or incomplete information and also to suspend or terminate a user's right to access the Site and Applications generally for any reason deemed by us to be necessary or appropriate. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any user of the Site and Applications, nor any identity information about any user. Note that special terms may apply to some services that we offer, such as In-App purchased content or other features or activities. These terms are posted in connection with the applicable content or service. Subject to applicable law, any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
Description of Service
You may only use KidMix, the Site and Applications, and/or KidMix's products & services after registering and creating an account ('Account') on the KidMix App for users 13-17 years of age or a parental account by accessing the www.kidmixapp.com website and setting up a user profile and an associated child account.
1) Basic (Free) Services: Basic functionality of the KidMix platform is offered at no charge to the user. These features include creating a profile page, connecting with friends, status updating and commenting, uploading and sharing photos or videos, creating or accepting a playdate, calendar use, playing games, and accessing the VideoZone.
Please note that any payment for In-App upgrades is always FINAL AND NON-REFUNDABLE.
KidMix may manage, regulate, control, modify or eliminate In-App upgrades at any time, with or without notice. KidMix shall have no liability to you or any third party in the event that KidMix exercises any such rights.
YOU ACKNOWLEDGE THAT KIDMIX IS NOT REQUIRED TO PROVIDE A REFUND FOR IN-APP PURCHASED GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GOODS.
Your Account If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KidMix is not responsible for third party access to your account that results from theft or misappropriation of your account. KidMix and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites / Third Party Services The Service may contain links to other websites and networks, including the Apple App Store, Google Play Store, and Amazon Store ('Linked Sites'). The Linked Sites are not under the control of KidMix and KidMix is not responsible for the contents of any Linked Site or activities conducted through a Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KidMix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KidMix of the site or any association with its operators.
Certain services made available via the Service are delivered by third party sites and organizations. By using any product, service or functionality originating from the KidMix Service or the Site or Applications, you hereby acknowledge and consent that KidMix may share such information and data with any third party with whom KidMix has a contractual relationship to provide the requested product, service or functionality on behalf of KidMix, the Service, and our users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. As a condition of your use of the Service, you warrant to KidMix that you will not use the Service or Site or applications through which the Service is provided for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or the Site or interfere with any other party's use and enjoyment of the Service or Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Applications.
All content included as part of the Service and all components of the Site and the Applications, such as (but not limited to) text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of KidMix or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Any other use of the Service, Site or Applications, or any content or software contained in them, is prohibited.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. KidMix content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the protected content solely for your personal use, and will make no other use of the content without the express written permission of KidMix and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KidMix or our licensors except as expressly authorized by these Terms. You may not offer or use the Service for resale or commercial exploitation.
Use of Communication Services
Using the Service or sending emails to KidMix constitutes electronic communications. While text messaging or other communications formats are not currently available, we may add these features and may also add 'Chat' features in the future. You will be notified of these changes in accordance with the 'Changes to Terms' provisions below. Your consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or by posting to the Site, satisfy any legal requirement that such communications be in writing.
The Service may contain messaging areas, timelines, web page links, calendars, and/or other message or communication facilities that could prompt you to communicate with the public at large, KidMix members, or with a group (collectively, 'Communication Services'). You agree to use the Communication Services only to post or comment, send and receive messages, coordinate playdates, or connect with new users with material that is proper and related to the particular Communication Service and in accordance with the Terms. You agree to interact with other users in a truthful and courteous manner and in compliance with all applicable laws.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Much of the Communication Services is provided by users and may not be current, accurate or complete. We cannot ensure or guarantee and do not make any warranties (i) regarding user information available through the Communication Services, or (ii) that information provided by users is complete, accurate or current. Any information you provide through the Communication Services will be considered non-confidential and non-proprietary. You agree that you are responsible for protecting and enforcing any intellectual property rights that may exist in content or information that you provide and that KidMix has no obligation to do so on your behalf. You understand and acknowledge that you are responsible for any information you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. KidMix disclaims all responsibility for the content or accuracy of any information provided by you or any other user of the Communication Services or for any other communications between you and other users made using the Communications Services.
KidMix reserves the right to review materials posted to a Communications Service and to remove any materials in its sole discretion.
KidMix reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
KidMix reserves the right at all times to disclose any information provided by you, whether in connection with the Communications Services or otherwise, as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KidMix's sole discretion.
You acknowledge that in using the Communication Services, you will be providing personal information about yourself, which may be accessible to other users. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KidMix does not control or endorse the content, messages or information found in any Communication Service and, therefore, KidMix specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided or Posted KidMix does not claim ownership to the materials you provide (including feedback and suggestions) or post, upload, input or submit to the Service or our associated services (collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KidMix the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. KidMix is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KidMix's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Notices and Procedures for Making Claims of Copyright Infringement
KidMix respects the intellectual property of others, and asks its users and visitors to do the same. KidMix will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ('DMCA') and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to KidMix. Upon receipt of notices complying with the DMCA, KidMix will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable KidMix to locate the material;
d. your name, address, telephone number, email address and all other information reasonably sufficient to enable KidMix to contact you;
e. a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be directed to:
By mail: KidMix, 12105 Darnestown Road, S-25, Gaithersburg, MD 20878 (Please include 'Notice of Infringement' in the subject line.)
By email: email@example.com
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KIDMIX THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Indemnification You agree to indemnify, defend and hold harmless KidMix, its offices, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Service or services, the Site and/or Applications, the Communication Services, any user postings made by you or reliance on postings by other users, your purchase of In-App upgrades, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KidMix 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 KidMix in asserting any available defenses.
Liability Disclaimer THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE AND THE SITE AND APPLICATIONS MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIDMIX TECHNOLOGIES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICE AT ANY TIME.
KIDMIX, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE SITE AND/OR APPLICATIONS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND APPLICATIONS, AND ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIDMIX LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND APPLICATIONS, AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KidMix as a result of this agreement or use of the Service. KidMix's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KidMix's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by KidMix with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KidMix with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KidMix with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms From time to time KidMix may change the Service, disable certain features of the Site and/or Applications or expand or reduce the capability of the Site and/or Applications. KidMix also reserves the right at any time and from time to time to modify these Terms or the Site and/or Applications or their functionality and capabilities and/or discontinue, temporarily or permanently, the Site or Applications (or any part thereof) with or without notice. We will post a notice to the Site if we change these Terms. You will be bound by the modifications if you use the Service after this notice is posted. KidMix encourages you to periodically review these Terms to stay informed of updates.
KidMix reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. KidMix encourages you to periodically review the Terms to stay informed of our updates.
General The parties have agreed that these Terms be provided in English. Not all features or services discussed, referenced, provided or offered through or on the Site or Applications may available to all persons or in all geographic locations and may be limited by KidMix in its sole discretion. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Service or these Terms within six (6) months after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
KidMix welcomes your questions and comments. Please contact us at info@KidMixApp.com or the address below.
12105 Darnestown Road, Suite S-25
Gaithersburg, MD 20878
Effective as of October 6th, 2016