KidoZen and Tellago Studios Terms of Service
Last Updated: September 19, 2011
Welcome to KidoZen, a product of Tellago Studios. We provide services available at our Web site (the “Site”) http://www.kidozen.com to you (“you” or “User”).
By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by Tellago Studios (together, the “Services”), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. Should you have any questions concerning this Agreement, please contact firstname.lastname@example.org.
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Tellago Studios is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT
ASSIST IN THE COMPLETION OF REGISTRATION.
A. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact email@example.com.
B. YOUR REGISTRATION OBLIGATIONS
Unless you have been invited to the KidoZenapplication by a user on our Server or Enterprise plans, or your company has executed a separate paid contract with Tellago Studios for business use of the Services, we provide the Services for non-commercial use.
To obtain and use the Services, you will be required to register with Tellago Studios by completing a registration form and designating a user ID and password. When registering with Tellago Studios you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Tellago Studios of any unauthorized use of your user ID or password or any other breach of security. Tellago Studios cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with Tellago Studios, you understand that we may send you communications or data from Tellago Studios regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Tellago Studios’ products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
D. USER CONDUCT/ACCEPTABLE USE POLICY
Unauthorized use of the Tellago Studios service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Tellago Studios or others.
Additionally, Tellago Studios reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Tellago Studios Site, computer systems and network, or the Services.
2. You may not attempt to interfere with any other person’s use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Services either directly or indirectly.
7. You may not use the Services to participate in pyramid schemes or chain letters.
8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
14. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Tellago Studios in connection with the Tellago Studios Site or Services.
16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Tellago Studios. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Tellago Studios. Tellago Studios reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Tellago Studio’s response to a future complaint. You acknowledge and agree that Tellago Studios shall not assume or have any liability for any action or inaction by Tellago Studios with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES
Except for the licenses granted herein, you have no right, title or interest in or to Tellago Studios Services or any content. You agree that Tellago Studios or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Tellago Studios service and content, including, without limitation, text, images, and other multimedia data.
All contents of the Tellago Studios’ Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2011 Tellago Studios, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Tellago Studios and/or it suppliers, affiliates, or licensors. All rights reserved.
Tellago Studios and the Tellago Studios logo are including without limitation, either trademarks, service marks or registered trademarks of Tellago Studios, and may not be copied, imitated, or used, in whole or in part, without Tellago Studios’ prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Tellago Studios may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Tellago Studios respects copyright law and expects Users to do the same. Tellago Studios expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Tellago Studios may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tellago Studios’ Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Tellago Studios’ Agents can be reached at Moesion@tellagostudios.com.
G. THIRD PARTY CONTENT, SITES AND SERVICES
All transactions using Tellago Studios’ services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, Tellago Studios is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Tellago Studios shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
J. TELLAGO STUDIOS MAKES NO WARRANTIES
Tellago Studios is in no way liable for loss of customer data. Under no circumstances will Tellago Studios be held accountable for any loss of customer data. By becoming a Tellago Studios user you, the customer, acknowledge that you forfeit the right to hold Tellago Studios accountable for any and all technical errors, including loss of user files (customer data).
Tellago Studios intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Tellago Studios may make changes and improvements to the information provided herein at any time. TELLAGO STUDIOS PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELLAGO STUDIOS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “TELLAGO STUDIOS PARTY,” AND COLLECTIVELY, THE “TELLAGO STUDIOS PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TELLAGO STUDIOS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
K. LIMITATIONS OF LIABILITY
IN NO EVENT WILL ANY TELLAGO STUDIOS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH TELLAGO STUDIOS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TELLAGO STUDIOS PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, Tellago Studios is found responsible to any Tellago Studios User for any reason whatsoever, Tellago Studios’ responsibility shall be limited to the amounts actually paid by such user for Tellago Studios’ services, and shall not include punitive damages or consequential or resulting damages of any nature.
L. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE TELLAGO STUDIOS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, TELLAGO STUDIOS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, Tellago Studios, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Tellago Studios reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Tellago Studios in asserting any available defenses.
N. TERMINATION OF SERVICE
Tellago Studios reserves the right to terminate without notice your password, account or use of Tellago Studios Services in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Tellago Studios at any time.
O. PAYMENT OF FEES; AUTOMATIC RENEWAL
The fees applicable for Tellago Studios service are available at www.moesion.com and as published within the Services. Tellago Studios reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
Unless specifically agreed upon in writing between User and Tellago Studios at the commencement of a subscription term, or unless User notifies Tellago Studios via a phone call to 1-877-513-3113 (with cancellation confirmation from a Tellago Studios representative) no later than fourteen days prior to the conclusion of the term, at the conclusion of any service term, whether monthly, yearly, or otherwise, Tellago Studios will automatically renew the service for the same term and will charge the user’s credit card or PayPal account on the first day of the renewal term.
Payments for all accounts are due within 30 days of billing date. The last day of the 15-day trial signifies the due date of first payment.
If payment is not received by the end of the given 30 day time period, user’s account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by Tellago Studios. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user’s account will be deactivated and all files will no longer be retrievable.
P. REFUND OF CHARGES
Except as specifically set forth in this section, all Tellago Studios services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.
Users on our free 15-day trial may cancel or downgrade their accounts, free of charge, at any time up until 15 days after their account was created. (The day of creation constitutes the first day of the 15-day trial.)
When users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of a Tellago Studios sales staff member.
All cancellations and downgrades are processed automatically. To cancel or downgrade, please click the link that says “Click here to cancel your account” and follow the instructions.
If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 15 days. Cancellation requests sent via email to either firstname.lastname@example.org or email@example.com will not be processed and will be replied to with an automatic response. You must use our form to process your cancellation.
Q. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
R. EUROPEAN USERS
By using the Tellago Studios Services, Users in the European Union understand and consent to the processing of personal information in the United States.
S. NOTICES TO TELLAGO STUDIOS.
You may notify us by e-mail at firstname.lastname@example.org.
T. OTHER TERMS
If any part of these terms and conditions are 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. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Tellago Studios may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Tellago Studios to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
If you have any questions about this policy, please contact Tellago Studios at Moesion@tellagostudios.com.
Trademarks Product names, logos, brands, and other trademarks featured or referred to within the Tellago Studios website are the property of their respective trademark holders.
These trademark holders are not affiliated with Tellago Studios, Inc., Tellago, Inc., our products, or our website.