By accessing an OKIDO service, downloading an OKIDO app, or continuing to use such services or applications, you must acknowledge that: (1) You are at least 18 years of age or any older legal age required to form a contract in your jurisdiction; (2) You have the right, authority and legal capacity to enter into this agreement; (3) You have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorised by you.
If you or your parent/legal guardian do not wish to be bound by these terms, please discontinue any access or use of OKIDO’s services or application. You agreement with us regarding compliance with these terms becomes effective immediately upon commencement of such access or use.
1. User’s Acknowledgement and Acceptance of Terms
Although we may attempt to notify you when major changes are made to these Terms, you acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms from the date of posting forward. Your continued use of the Services after a modification has been made to the Terms constitutes your acceptance of such modification.
You may not use the Services in any way that is for commercial purposes, is unlawful, or harms OKIDO or any other person or entity.
2. User Information
3. Suitability of Content
Ultimately, it’s up to you to decide what’s suitable. But here are some tools that may help:
To teach children about staying safe online, try CBBC Stay Safe.
For advice on how to keep your children safe online visit Internet Matters. On that site is how-to advice to activate parental controls for your devices, gaming consoles, broadband access and entertainment platforms around your home.
4. Intellectual Property
Content. The Services contain a variety of content including, without limitation: (i) information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Services; (ii) trademarks, logos, trade names, service marks, and trade identities of OKIDO; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Services (including past, present, and future versions) and the Content are owned or controlled by OKIDO certain other third parties. All right, title, and interest in and to the Content available via the Services is the property of OKIDO or certain other third parties, and is protected by U.K. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. OKIDO owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. You are only permitted to use the Content as expressly authorized by OKIDO or the specific Content provider, and only through the functionality of the Services.
Limited License. Subject to your strict compliance with these Terms and any applicable additional terms that may be included in the Services, OKIDO grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download, display, view, use, and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and (ii) to use certain Content that we may from time to time make available on the Services solely and explicitly for you for use as part of your User Submissions (defined below) (“Licensed Elements”), but solely for use within the functionality of the Services and only for such purposes as may be explicitly stated at the time that the Licensed Elements are made available on the Services. We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in OKIDO’s sole discretion, and without advance notice or liability; and (iii) does not permit you to use any Content or Licensed Elements outside the functionality of the Services (e.g., if the Services permit you to create a video using Content on the Services, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Services).
Reservation of All Rights Not Granted As To Content and Services. These Terms and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Services and to use and access the Services solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by OKIDO and its licensors and other third parties. Any unauthorized use of any Content or the Services for any purpose is prohibited.
By use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell, or otherwise make reproductions or copies of the Services or Content in any way inconsistent with the rights provided to you by OKIDO herein; (ii) remove any applicable, relevant identification, copyright, trademark, or other notices relating to the intellectual property or other property of OKIDO; (iii) attempt to access source or object code of the Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, or modify (including the creation of any derivative works of) the Services; (v) create code, software or other program that incorporates any elements of the Services; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.
Your Grant of Rights
- use, reproduce, distribute, remove, and analyse any of your User Submissions as OKIDO may deem necessary or desirable for any purpose in connection with the operation of the Services, and
- copy, modify, and reproduce your User Submissions for marketing, promotional and/or other purposes in connection with OKIDO or the Services in any media,
- use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available your User Submissions to any other user in connection with any feature of the Services, and
- delete any or all of your User Submissions from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
- enable the Services or users of the Services to share or post your User Submissions on third party sites, such as, without limitation, on social networking sites.
Submission of Ideas
To the extent that you submit, via the Services 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 Services, you agree that such Ideas are not confidential, and OKIDO shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant OKIDO, under all of your rights in 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 Services, or any OKIDO product or service, without compensation or accounting to you and without further recourse by you.
5. Charges and Billing
You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that OKIDO may utilize certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. OKIDO MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY. Unless otherwise indicated, all prices are in Great British Pounds and do not include Internet service provider, telephone, and other connection charges.
6. Disclaimer of Warranties; Limitation of Liability
Neither OKIDO nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “OKIDO Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Services.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
OKIDO MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE OKIDO PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO THE SERVICES IS TO STOP USING THE SERVICES, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE OKIDO PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE OKIDO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
You agree to defend, indemnify, and hold OKIDO and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Services, or those of any child authorized by you; (b) any violation of these Terms by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. OKIDO reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with OKIDO in asserting any available defences.
8. Services Termination, Suspension and Changes
OKIDO reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you. Additionally, OKIDO may terminate or suspend your use of the Services for violation of these Terms or violation of any other policy related to the Services (including the policies of affiliates accessible by the Services). Without limiting the foregoing, your access to the Services may be terminated without warning if OKIDO believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent’s or guardian’s permission to register for and/or access the Services. You agree that OKIDO shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and you will have no further access to the Services and shall have no right to any refund of any amounts paid to OKIDO.
OKIDO may assign these Terms, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without OKIDO’s express prior written consent.
10. Additional Terms for iOS Apps
By using the Services through Apple’s App Store (“iOS Products”), you agree that the following additional terms apply to your use of our iOS Products:
These Terms are not a legal agreement with Apple, Inc. (“Apple”). As between OKIDO and Apple, OKIDO (not Apple) is responsible for the iOS Products and the contents thereof.
The license to use the iOS Products is limited to use (a) on iPhone, iPod touch, and iPad devices that you or your Organization own or control, separate from and in addition to any specific technical requirements for any iOS Product, and (b) as permitted by the Usage Rules set forth in the App Store Terms of Service.
Solely as between OKIDO and Apple, you acknowledge that: (a) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Products; (b) OKIDO (not Apple) is responsible for addressing any claims of yours or any third party relating to the iOS Products or your possession and/or use of the iOS products, including but not limited to (1) product liability claims, (2) any claim that the iOS Products fail to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection or similar legislation; (c) in the event of any failure of the iOS Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Products to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OKIDO’s sole responsibility; and (d) in the event of any third party claim that the iOS Products or your possession and use of the iOS Products infringes that third party’s intellectual property rights, OKIDO (not Apple) will be responsible for any investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.