Kidappolis Terms of Use
3/11/12024
Introduction
Raising a Reader, Inc. (“Raising a Reader”) owns and operates the kidappolis mobile platform (“kidappolis”) that supports school readiness for early learners. By accessing kidappolis, you agree to be bound by these Terms of Use (“Agreement”). In addition, you represent that you are 18 years of age or older, are lawfully able to enter into contracts. If you do not have the necessary authority, or if you do not agree with these Terms of Use, then you may not use kidappolis . Kidappolis reserves the right to change these Terms of Use at any time, however we will provide you with notice prior to making such changes. Your continued use of kidappolis constitutes your agreement to any updated terms. Should we make material changes to the Terms of Use, we will provide you with notice prior to making such changes and request your consent in accordance with applicable law. The “last updated” date indicates when the Terms were last revised.
Children Under 13
Kidappolis is intended for adult caregivers to use with their children present. Raising a Reader does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use raisingareader.org only with permission of a parent or guardian.
Service Feees
Kidappolis is provided free of charge to families who have an access code. Families can receive an access code through Raising A Reader’s network of partner agencies and organizations. Intellectual Property.
You acknowledge that kidappolis, including all trademarks, service marks and logos are owned by or licensed to Raising a Reader, Inc. and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce kidappolis, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, kidappolis. This Agreement does not convey any rights of ownership in or related to kidappolis, or intellectual property owned by Raising a Reader, Inc. to you.
License
Raising a Reader, Inc. grants you a personal, revocable, non-exclusive, non-transferable, limited permission license to access kidappolis, provided that you comply with this Agreement. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through kidappolis. You also warrant to Raising a Reader, Inc. that you will not use Kidappolis for any purpose that are unlawful, prohibited by any applicable regulation or are otherwise inconsistent with this Agreement.
User Responsibilities.
To use kidappolis you will be asked to create an account using your Facebook login credentials, Apple ID, or your cell phone number. You are solely responsible for all activities that occur in connection with your account, and represent that you will comply with this Agreement and all applicable laws. Notify us immediately of any unauthorized access or use of your account, ensure that your account is used at all times incompliance with this Agreement and not impersonate another user or provide false information in anattempt to gain access to kidappolis.
Text Messaging
Kidappolis Login Verification Program
Restrictions
You grant us a non-exclusive, worldwide license to use the information, data, content, and other materials uploaded by you to kidappolis solely for purposes of furnishing kidappolis to you and in accordance with our Privacy Policy which is incorporated into this Agreement by reference. You will not (and will not allow any third party to):(a) Upload, post, e-mail or otherwise transmit material that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or otherwise objectionable;(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through kidappolis;(c) Upload, post, e-mail or otherwise transmit any materials that you do not have the right to transmit under any law or under contractual or fiduciary relationships;(d) Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;(e) Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;(f) Interfere with or disrupt kidappolis or servers or networks connected to kidappolis, or disobey any requirements, procedures, policies or regulations of networks connected to kidappolis; or(g) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.(h) Provide inaccurate information or impersonate another person or entity.
Privacy.
Kidappolis represents that it will comply with all applicable laws, including those related to protection of personally identifiable information stored and maintained through kidappolis. We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed at Privacy policy. All personally identifiable information you provide to us is subject to the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personally identifiable information as described in the Privacy Policy.
Security.
We use commercially reasonable security precautions intended to protect against unauthorized access your data. We store data in third party cloud-based environment called Digital Ocean that use a combination of physical, administrative and technical safeguards in an effort to prevent access from outside intruders. We also encrypt the data in transit and limit data access. Not all security risks are reasonably foreseeable, however, and kidappolis is not responsible for the consequences of security incidents that are not reasonably foreseeable and not reasonably within its control.
Links to Third Party Sites/Third Party Services
raisingareader.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Raising a Reader and Raising a Reader is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Raising a Reader is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Raising a Reader of the site or any association with its operators.
Certain services made available via raisingareader.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the raisingareader.org domain, you hereby acknowledge and consent that Raising a Reader may share such information and data with any third party with whom Raising a Reader has a contractual relationship to provide the requested product, service or functionality on behalf of raisingareader.org users and customers.
Changes to kidappolis.
Kidappolis may add, change, discontinue or remove any portion of kidappolis at any time, without notice.
Indemnification.
To the extent permissible by law, you will defend and indemnify kidappolis and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of kidappolis; (ii) any information you submit, post, or transmit through our Services; (iii) breach of any of your obligations, representations, or warranties in these Terms of Use; or (iv) your violation of any rights of another person.
DISCLAIMER OF WARRANTIES.
KIDAPPOLIS IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANYEXPRESS WARRANTY PROVIDED HEREIN, KIDAPPOLIS AND ITS LICENSORS ANDSUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLYDISCLAIMED.KIDAPPOLIS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON KIDAPPOLIS AND SERVICES, ANY FAILURES, DELAYS OR INTERRUPTIONS I KIDAPPOLIS’S ACCESSIBILITY, ANY LOSSES OR DAMANGES ARSING FROM THE USE OF KIDAPPOLIS, ANY CONDUCT BY OTHER USERS ON KIDAPPOLIS AND SERVICES, ORUNAUTHORIZED ACCESS TO OR USE OF KIDAPPOLIS OR SERVERS.
Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BELIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OFPRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HASBEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOURUSE OR INABILITY TO USE KIDAPPOLIS, SERVICES, CONTENT OR SOFTWARE, THECOST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA,INFORMATION, ENTERED INTO THROUGH KIDAPPOLIS, OR STATEMENTS ORCONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO KIDAPPOLIS,SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOURUSE OF KIDAPPOLIS AND SERVICES IS PREDICATED UPON YOUR WAIVER OF ANYRIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN ACLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OFKIDAPPOLIS.CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notices.
We will provide you any notices regarding kidappolis by posting the notice in kidappolis, as applicable, or by sending to you by e-mail or text to the email or phone number address you maintain as part of your account.
Applicable Law; Jurisdiction and Venue.
We control kidappolis from our offices within the United States. We make no representation that kidappolis is appropriate, legal or available for use in other locations. You may not use or export kidappolis in violation of United States export laws and regulations. Any claim relating to our kidappolis shall be governed by the laws of California, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in California.
Severability.
If any of the part of is Agreement is determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement.
489 Va
Changes to Terms
Raising a Reader reserves the right, in its sole discretion, to change the Terms under which raisingareader.org is offered. The most current version of the Terms will supersede all previous versions. Raising a Reader encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Raising a Reader welcomes your questions or comments regarding the Terms:
Raising a Reader
489 Valley Way
Milpitas, California 95035
Email Address:
Hello@raisingareader.org
Telephone number:
650-489-0550
Effective as of March 08, 2024