LAST UPDATE ON 03-09-2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CLOSELY. WHEN YOU (“YOU”) USE [Wow Kids] APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS
Wow Kids Ltd terms of service
This Terms of Service and all supplemental terms, as amended from time to time, governs Your use of [Wow Kids] apps (hereinafter “Wow Kids Apps”) offered by Wow Kids LTD or any its subsidiaries and affiliates (collectively “Services” and each one individually, a “Service”).
When You or Your children use any of the Services, You agree to be bound by these Terms of Service, which You accept without any objection and also agree to be considered as a “User” (“User”). As a consequence, this Terms of Service shall constitute a legal binding agreement between the User and Wow Kids LTD (hereinafter, “Wow Kids”) regarding the subject matter herein.
The Services shall also be bound by all the notices, rules, instructions, policies, and complementary, supplemental or specific terms and conditions, posted by Wow Kids from time to time (the “Additional Terms”), and which are contained at the end of this document. The Additional Terms and Wow Kids Privacy Policy, which could be found at http://www.wowkids.co/privacy/ (“Privacy Policy”), are an integral part of this Terms of Service and incorporated into this document by reference.
Wow Kids may modify the Terms of Service at any time and in any way. Revisions to terms affecting existing Services shall be notified by either: (i) posting such revisions at https://www.wowkids.co/terms/ or within the Services, and/ or (ii) direct message to User with a link to the post at https://www.wowkids.co/privacy/
The User agrees that he/she will be considered to have been given notice of any modifications once Wow Kids posts them to https://www.wowkids.co/terms/ and that his/her continued use of the Services after such notice shall be deemed an acceptance of any changes. As a consequence, the User agrees to (i) check https://www.wowkids.co/privacy/ periodically for new information and terms that govern his use of the Services; and (ii) read the direct messages sent by Wow Kids with any revision or modification.
1. PERSONAL INFORMATION
The User may be required to provide to Wow Kids, as a condition to using the Services, certain personally identifiable information (“Personal Information”). Wow Kids retention and use of all Personal Information shall be subject to Wow Kids privacy policy as posted on http://www.wowkids.co/privacy/, as that policy may be updated by Wow Kids in its discretion from time to time.
The User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Wow Kids collects, uses and discloses the User’s personally identifiable information, is incorporated and made part of these Terms of Service. If the User does not agree to each and every part of Wow Kids Privacy Policy, then the User should not use the Services or submit any personally identifiable information through the Services.
2. THE CONTENT
The Service contains a variety of content including, without limitation: (i) software, technology, text, games, information, videos, photos, pictures, graphics, music, sounds, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service; (ii) trademarks, logos, trade names, service marks, and trade identities of Wow Kids; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
The Content is owned, controlled or licensed by Wow Kids, and is protected by law from unauthorized use.
The User acknowledges that Wow Kids owns all intellectual property rights in and to the Content, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. The User may not remove the copyright and other proprietary rights notices from the Content. The User agrees that this Terms of Service shall be retained with all printed and electronic copies of the Content and documentation constituting the Content. Wow Kids does not grant the User any express or implied right in any patents, copyrights, trademarks, or trade secret information of Wow Kids.
Wow Kids could now or in the future, offer to the User the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service certain user-generated text, information, data, audio files, videos, graphics, photographs, including incorporating Wow Kids or other content, or third-party Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Service. The User acknowledges that Wow Kids does not guarantee any confidentiality with respect to any User Submissions and they could be published and viewed by other users of the Service The User is the owner of any Intellectual Property rights of the User Submissions. To the extent the User submit any User Submission, they acknowledge and agree that they automatically grant a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Wow Kids to use, reproduce, distribute, remove, and analyze any of your User Submissions as Wow Kids may deem necessary or desirable for any purpose in connection with the operation of the Service:
If the User, submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, the User agree that such Ideas are non- confidential and no of their proprietary and Wow Kids shall not be liable for the disclosure of such Ideas. The User grant Wow Kids, under all of the rights of the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any Wow Kids product or service, without compensation or accounting to the User, and without further recourse by the User.
The User will acquire no right to use, and will not use without Wow Kids´s prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of Wow Kids or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assign, successors, licensors or licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in any manner other than in accordance with this Terms of Service. The User does not acquire any ownership rights over the Content by using the Services or downloading material from Wow Kids Apps.
The User agrees not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of Wow Kids.
All comments, feedback, suggestions, ideas, and other submissions (“Feedback”) disclosed, submitted, or offered to Wow Kids by the User in connection with the use of the Services shall be the exclusive property of Wow Kids. The User agrees that unless otherwise prohibited by law, Wow Kids may use, sell, exploit and disclose the Feedback in any manner, without restriction and without compensation to the User.
THE ACCOUNT
The Services may require You to open an account, You must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. You agree that all information that you submit is true and accurate (including, without limitation, Your billing information such as credit card number and expiration date), and You agree to pay the Fees plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Wow Kids), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Wow Kids immediately of any unauthorized use or theft of Your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Wow Kids). will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You will be liable for losses incurred by Wow Kids or another party due to someone else using Your account or password. You may not use anyone else’s account at any time.
TERMINATION OF ACCOUNT
Wow Kids has the right to terminate or suspend, and You have the right to cancel, Your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of Your account or a particular subscription is Your sole right and remedy with respect to any dispute with Wow Kids. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Wow Kids Apps or any change in such Content; (3) Your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. Wow Kids reserves the right to collect fees, surcharges or costs incurred before You cancel Your account(s) or a particular subscription. In the event that Your account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to your account or anything associated with it. If Your account is terminated or suspended by Wow Kids, Wow Kids shall have the right to terminate or suspend any of Your other account(s).
FEES
Wow Kids requires a monthly payment of fees and/ or charges for the Services of Wow Kids Apps (hereinafter, the “Fees”). The User hereby agrees to pay all fees, including taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.
Wow Kids reserves the right to change its fees or billing methods at any time. The User acknowledges that Wow Kids may utilize certain third-party providers to collect or otherwise process the Fees.
Payment Options. The User shall pay Fees using the payment methods, belonging to Wow Kids or third parties (“Payments Company”), and available for the particular Service and for the country of residence of the User; and the User agrees to the terms and conditions applicable to each payment method the User chooses. Payment methods may vary by Service and by country. When the User provides credit card or other payment information to Wow Kids or a Payments Company, the User represents to Wow Kids or such Payments Company that the User is the authorized user of the credit card or other payment methods.
The User is responsible for all fees and/ or charges incurred, including applicable taxes, made by the User or anyone that uses the accounts, including the User’s family or friends. This means that, unless the accounts or payment information is obtained unlawfully or fraudulently by someone other than those authorized by the User to use the accounts, the User will be responsible for all usage on the accounts.
RULES OF CONDUCT
As a condition of Your use of and access to the Service, the User agrees to comply with these rules of conduct (the “Rules of Conduct”), which are provided as an example rather than as a limitation, and any application or game-specific rules published within the Services.
In furtherance of the foregoing, and by way of example and not as a limitation, the User agrees that the User may not access or use the Services and/or related User Content, in order to: