The Gist: We (the folks at Kinooze) run a web site and associated digital services and would love for you to use it. Kinooze is a daily news service for kids featuring news and interesting facts from around the world. Our service is free, we may however offer paid subscriptions for advanced features such as access to archives, digital magazines and so on. Our service is designed to give you as much control over what you read on our site and if you are a contributor: what you publish; encouraging you to express yourself freely. However, be responsible in what you publish when you publish. In particular, make sure that none of the prohibited items listed herein appear on our site due to your account activity or get linked to from our site: things like spam, viruses, or hate content, or third party content without due attributes provided to the third party.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Kinooze, acceptance is expressly limited to these terms.
Copyright Infringement and DMCA Policy. As Kinooze asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify Kinooze (via our contact page) in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Kinooze will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kinooze will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kinooze or others. In the case of such termination, Kinooze will have no obligation to provide a refund of any amounts previously paid to Kinooze.
Changes. Kinooze reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Kinooze may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Your Kinooze.com Account and Site. Users of our Service provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: (1) You will not provide any false personal information on our Service, or create an account for anyone other than yourself without permission. (2) You will not create more than one personal profile. (3) If we disable your account, you will not create another one without our permission. (4) You will not use our Service if you are under 13 unless when supervised by a parent, a certified instructor or a legal guardian. (5) You will not use our Service if you are a convicted offender. (6) You will keep your contact information accurate and up-to-date. (7) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. (8) You will not transfer your account (including any page or communities you administer) to anyone without first getting our written permission. (9) If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name) (10) If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Kinooze of any unauthorized uses of your account or any other breaches of security. Kinooze will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Intellectual Property. This Agreement does not transfer from Kinooze to you any Kinooze or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kinooze.
Sharing Your Content and Information: For content you share with Kinooze in the form of comments, opinions, posts or articles: (1) For content that is covered by intellectual property rights, like text articles, images and videos (IP Content), you specifically give Kinooze the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Kinooze (IP License). When you publish content or information, it means that you are allowing everyone, including people off of Kinooze, to access and use that information, and to associate it with you (i.e., your name). We always appreciate your feedback or other suggestions about Kinooze, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Responsibility of Contributors. If you are contributing news, facts, articles or other stories on our Service, or are posting comments and other material to the Service, you are responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(1) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (2) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; (3) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; (4) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (5) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (6) the Content is not inappropriate, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Kinooze for inclusion, you grant Kinooze a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, modify, adapt and publish the Content. Without limiting any of those representations or warranties, Kinooze has the right (though not the obligation) to, in Kinooze’s sole discretion (i) refuse or remove any content that, in Kinooze’s reasonable opinion, violates any Kinooze policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Serviceto any individual or entity for any reason, in Kinooze’s sole discretion. Kinooze will have no obligation to provide a refund of any amounts, if paid previously.
Limitation to Personal and Non-Commercial use: The Service is for your personal and non-commercial use, unless otherwise stated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, content, software, products or services obtained directly on the Web Site. You are not permitted to reproduce any part of the Service.
Copyright Violation and Misuse: Kinooze take’s plagiarism very seriously. If Kinooze discovers your website or service republishing RSS feeds from the Service or content from the Service, Kinooze will file a formal DMCA complaint with your advertising partners (like Google AdSense) and the abuse department of your service hosting company.
Disclaimer of Warranties. The Service is provided “as is”. Kinooze and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kinooze nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
Limitation of Liability. In no event will Kinooze, or its suppliers or licensors or advertisers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kinooze under this agreement during the twelve (12) month period prior to the cause of action. Kinooze shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Kinooze, its contractors, contributors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.