Terms and Conditions of Service and Sale
These Terms and Conditions of Service and Sale are set forth by Tuttare, LLC d/b/a Yourkidvid, and its affiliated companies (collectively “YKV”) to serve as the formal understanding and agreement between YKV and any purchaser and/or user (“you”) of the online and/or offline products and/or services offered by YKV (“Products and Services”). In purchasing and/or using the YKV Products and Services, you accept these Terms and Condition of Service and Sale ("Agreement") and agree that this Agreement forms a binding contract between you and YKV, regardless of whether or not you have undertaken any other affirmative action to acknowledge your acceptance of this Agreement. The act of purchasing and/or using the Products and Services by you causes this Agreement to immediately apply and be enforceable. If you do not wish to be bound by this Agreement, do not purchase or otherwise use the YKV Products and Services.
Illustration to enhance clarity: this Agreement shall apply to your purchase and/or use of the Products and Services regardless of whether or not you have checked a box indicating acceptance of this Agreement. The box checking serves as a mere re-verification of the applicability of this Agreement and the checking or non-checking of the box does not itself establish applicability or non-applicability of this Agreement; the fact that the Products and Services were purchased and/or used by you makes this Agreement enforceable.
Use of the Products and Services
The YKV Products and Services are for personal, noncommercial use and may not be resold or otherwise monetized or exploited (in whole or in part) for any commercial purpose without YKV’s prior written authorization. This use limitation includes, but is not limited to, a prohibition against the creation of any derivative works and any use or employment of the YKV products and/or services which has or may have the effect of reproducing, redistributing, reverse engineering or decompiling of the YKV products and/or services.
The products and services are intended for use by individuals age 13 or older. YKV will undertake reasonable efforts to ensure it does not knowingly its products or services to be purchased or used by those under the age of 13. Individuals who are 13 or older but who have not reached the applicable age of majority must have the permission of their parent or guardian to purchase or otherwise utilize the YKV products and services and their parent or guardian must consent on behalf of the minor to the applicability of this Agreement.
By submitting images, sounds or other materials to YKV ("Materials"), you represent and confirm that you have all rights and authorizations necessary and required in such Materials in order to submit such Materials to YKV for the purposes contemplated and you grant YKV authorization to create, copyright and publicly display the Products and Services, including the Materials incorporated therein.
You shall hold the ownership and copyright in the Materials and you grant a perpetual, fully paid-up license in the Materials to YKV for the purposes set forth herein. YKV shall hold the copyright in the Products and Services and grants you a perpetual, fully paid-up license in the Products and Services produced for you and paid for in full by you.
Reservation of Rights
The YKV Products and Services may be altered or discontinued at any time, in whole or in part, by YKV in its sole discretion. YKV specifically reserves it right to refuse to provide its Products and Services to any individual or group(s ) of individuals. Such determinations shall be made only by YKV in its sole discretion. YKV reserves all rights not specifically granted to users.
YKV utilizes security practices which meet or exceed industry standards. However, you will be required to create an account utilizing a user name and password selected by you. You are responsible for selecting user credentials which afford adequate protection against unauthorized use and for safeguarding your credentials from unintentional disclosure or use.
Law and Compliance
This policy, and the commitments set forth herein, shall be implemented by us to the extent permitted by law and this policy shall be governed by California Law. Should any of the terms set forth herein conflict with applicable law, the applicable law shall govern and this policy shall be deemed revised to the extent necessary to comply with such legal requirements. To the extent we are required by a court of competent authority to disclose personally identifiable information or data, by subpoena or other valid court order, we shall comply with orders.
All Disputes Subject to Arbitration
To the fullest extent permitted by law, you and YKV agree that any disputes between you and YKV shall be resolved exclusively and finally by binding arbitration administered by JAMS Alternate Dispute Resolution and in accordance with the JAMS rules for consumer arbitration. Should JAMS be unable or unwilling to arbitrate the dispute, then you and YKV will agree on an alternate arbitrator. If such agreement cannot be reached, a court of competent jurisdiction sitting in Orange County shall appoint a suitable arbitrator to arbitrate the dispute. Reasonable and customary arbitration costs shall be paid in full by YKV.
For the purpose of ensuring clarity: ANY DISPUTES BY AND BETWEEN YOU AND YKV BE FULLY AND FINALLY RESOLVE BY AN ARBITRATOR AND NOT A JUDGE OR JURY. BOTH YOU AND YKV AGREE THAT BY THIS AGREEMENT BOTH YOU AND YKV WAIVE ALL RIGHT TO JURY TRIAL. ALL DISPUTES SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND YKV AND THE DISPUTE, OR ANY PORTION THEREOF, WILL NOT BE CONSOLIDATED WITH THE RESOLUTION OF ANY OTHER DISPUTE BROGHT BY ANY OTHER PARTY. THIS FORGOING INCLUDES, BUT IS NOT LIMITED TO, A PROHIBITION AGAINST THE RESOLUTION OF ANY DISPUTE VIA CLASS ACTION OR ANY OTHER EFFORT TO DETERMINE RELIEF AS PART OF A CLASS OR OTHER GROUPING OF PARTIES. ANY DECISION RENDERED IN SUCH ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION.
YOU UNDERSTAND THAT IN THE ABSENSE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT INCLUDING THE RIGHT, IF ANYTO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS (SUBJECT TO THE RULES OF YOUR JURISDICTION) AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
This provision shall be governed by the Federal arbitration Act 9 U.S.C. Section 1, et seq.
YKV MAKES NO OTHER EXPRESS WARRANTY OR CONDITION WHETHER WRITTEN OR ORAL AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW:
· YKV DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
· ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE.
· IF YOU ARE A RESIDENT IN A JURISDICTION WHICH DOES NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, PORTIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU AND THE LIMITED WARRANTY APPLICABLE TO YOU SHALL BE DEEMED REVISED TO THE EXTENT NECESSARY REQUIRED BY LAW.
· THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF PRODUCTS TO YOU AND/OR THE USE OF SERVICES BY YOU.
IN NO EVENT WILL YKV BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF PROFIT OR INJURY.
Updates to this Policy
YKV reserves the right to update this policy.
Revision Date: August 1, 2013