Terms of Service
Dated: January 28, 2021
Welcome to KidCulture!
We are so happy you are here! We hope your experience will be uplifting, inspiring, and increase your understanding of and love for people around the world. The KidCulture platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
The Service allows you to learn about life all over the world and discover new cultures and people by watching and sharing videos and other content. It also provides a place for kids to engage their curiosity, and inform and inspire other kids across the globe. Through the service, you can discover videos made by other kids or produced by KidCulture. You can also submit your own videos to be featured.
Your Service Provider
The entity providing the Service is KidCulture LLC, a company operating under the laws of Utah, located at 455 E Fairview Rd, Centerville, UT 84014 (referred to as “KidCulture”, “we”, “us”, or “our”).
Your use of the Service is subject to these terms, the KidCulture Member Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Children of all ages may use KidCulture if enabled by a parent or legal guardian who agrees to all over this Agreement.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
Businesses and Schools
If you are using the Service on behalf of a company, school, or another organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, and other materials whether provided by KidCulture, a contributing member, or a third-party (collectively, "Content”).
Content is the responsibility of KidCulture. KidCulture is under no obligation to host or serve Content that has been submitted by a user. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
By submitting content, you grant a non-exclusive license to KidCulture and give permission for KidCulture to edit, modify, host, and remove the content at any time and for any reason.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from KidCulture and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with KidCulture’s robots.txt file; or (b) with KidCulture’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on KidCulture policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where KidCulture videos are the main draw for users visiting the webpage).
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or KidCulture.
Changes to the Service
KidCulture is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
You may submit Content for consideration to be included in the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the KidCulture Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to KidCulture and other users of the Service, as described below.
License to KidCulture
By providing Content to the Service, you grant to KidCulture a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to edit, modify reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and KidCulture’s business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continues indefinitely until you request for such licenses to be canceled or videos to be removed. You understand and agree, however, that KidCulture may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Right to Monetize
You grant to KidCulture the right to monetize your Content on the Service (and such monetization may include charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from KidCulture under any other agreement between you and KidCulture will be treated as royalties.
Removing Your Content
You may request that KidCulture remove your Content from the Service at any time by providing written notice and allowing up to 30 days to remove such content.
Removal of Content By KidCulture
KidCulture may remove your content at any time and for any reason.
If you believe a copyright has been infringed on the Service, please send us a notice.
Content that violates Community Guidelines includes the following:
Nudity and sexual content, content that puts a child’s safety at risk (e.g., content that endangers their physical, emotional, and mental well-being); self-harm; harmful or dangerous content; violent or graphic content; violent criminal organizations; hate speech; harassment and cyberbullying.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time and send a request for you account to be deleted.
Terminations and Suspensions by KidCulture for Cause
KidCulture may suspend or terminate your access to the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, KidCulture or our Affiliates.
Terminations by KidCulture for Service Changes
KidCulture may terminate your access to all or part of the Service if KidCulture believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by KidCulture unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for KidCulture or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, KidCulture or our Affiliates. Where KidCulture is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Effect of Account Suspension or Termination
If your account is terminated or access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your account has been terminated in error, you can appeal by writing us.
About Software in the Service
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, KidCulture gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by KidCulture as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by KidCulture, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have KidCulture’s written permission.
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND KidCulture DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, KidCulture, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR KidCulture, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
KidCulture AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT KidCulture HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO KidCulture, OF THE CLAIM; AND (B) USD $500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless KidCulture, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. KidCulture will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by Utah law, except Utah’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Salt Lake County, Utah, USA. You and KidCulture consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND KidCulture AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.