Effective Date: August 31, 2021
IMPORTANT-READ CAREFULLY: BY ACCESSING OR USING OUR SITES AND OUR SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT (“TOU”). You are not permitted to access our Sites or use any Service unless or until you accept the terms of this TOU.
This TOU is a legal agreement between you (referred to in this TOU as "User" and Rayz Kidz LLC (“the Company”) and establishes the terms of the User’s interaction or interface with the Company, including the use of www.rayzkidz.com, the app Rayz Kidz (collectively the “Sites”) and the Service (defined below). The Company reserves the right to assign or transfer this TOU, in whole or in part, at any time without notice to User.
Rayz Kidz is the creator and owner of the Site and App for parents and caregivers to communicate daily events, gather activity ideas and materials lists to engage in hands-on, educational activities, gain access to materials, instructions, and resources for these activities and to share photos and videos (herein referred to as “the Service”). At its discretion, the Company may offer additional services or update, modify, delete or revise any of its content or Service and this TOS shall apply to any and all additional, modified or updated Service.
Subject to Change
We reserve the right to change this TOU at any time. We may, but are not required to, bring changes to your attention via in app notification, sending an email or other means. Users use of the Sites or Service after any update will be deemed consent to be bound by, and agreement with, the then current TOU.
Use of Service
1. Account Sign Up and Management
a. To use the Service, Users will be required to provide current, accurate contact and identifying information and will be responsible for maintaining the accuracy and completeness of such information. Users represent that the identifying and contact information provided is theirs, not subject to any restrictions of use and is not being provided with the intent to impersonate another.
b. User represents and warrants that they are of legal age to form a binding contract.
c. The Company reserves the right to refuse a User access to the Site and/or use of the Service for any reason as determined by the Company, including but not limited to improper account registration or violation of the ToU.
d. User may not assign or permit access to their accounts, or any rights to the User’s content to a third-party under any circumstance.
e. User’s use of the Site and Service is for personal communications only and User represents and warrants that User’s establishment and use of the Sites and the Service is not in furtherance of any business purposes, or to engage in any act to promote a business or profit making of any kind, whether on their own behalf or for another.
2. User Responsibility
a. Users are responsible for obtaining any equipment, software, and means of data storage and communication necessary to access the Sites or Service, and all fees associated therewith (such as the cost for internet, data charges and physical devices).
b. Users are responsible for taking all security measures necessary to prevent computer virus infection, unauthorized access to their account and data stored therein, unauthorized access to the Sites and Service and to prevent information leakage.
c. Users are responsible for maintaining the confidentiality of their account information. Users agree to immediately notify the Company of any unauthorized use and agree that the Company shall not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account information safe.
3. Propriety Rights and Limitations
a. User acknowledges and agrees that:
i. This TOU does not grant the User any rights in any trademarks or service marks of the Company, whether or not such trademark or servicemark is registered with the USPTO and/or Commonwealth of Massachusetts.
ii. The Company, and its licensors own and shall retain all rights, title and interest, including, without limitation, intellectual property rights, in and to the Service and all software utilized therein (and all copies thereof and related materials that are provided or made available to the User with the Service).
iii. All intellectual property related to your access to the Site or use of the Service including but not limited to, trademarks or servicemarks, images, photographs, animations, video, audio, music, text and "applets" incorporated into the Sites or Services, printed materials, and any copies of any such intellectual property, are owned by the Company, or its suppliers, and rights in and to such intellectual property remains the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This TOU grants User no rights to use such content and all rights to use such content are reserved to the respective content owner.
b. User may not conduct acts of unauthorized copying, reprinting, redistributing, modifying, changing, altering, reverse-engineering, decompiling, disassembling or any other similar acts related to the Sites or the Service.
4. Content Provided By the Company
a. By using this Sites, you acknowledge and agree that all information and material provided on the Sites (“Information”), including but not limited to all content, advice, checklists, notes, procedures, warnings, processes, summaries, and guides, are for informational purposes only and is not qualified, professional, medical, education, legal, financial, or safety information. The Information is compiled from a variety of sources and may not be accurate, current or complete.
b. You agree that you will not use the Information as a substitute for qualified consultation, diagnosis, or medical treatment by a qualified physician or healthcare provider for yourself or anyone under your care or control, or as a substitute for information included by the manufacturer with or on any product.
c. You agree that you will obtain qualified, professional advice before using, relying on or applying any Information obtained from the Sites, and that any use, reliance or application of the Information is at your own risk.
d. You acknowledge that the Company does not make any representations or warranties, or assume any responsibility or liability, for any Information provided on the Sites and is not liable for any damages that may occur to you as a result of your use, application or reliance on the Information.
5. Content Provided By User
a. Rights to User provided content shall belong to the User who provided the content. By accessing the Sites or Services, User grants the Company a license to display, distribute, transit and modify and reproduce User provided content. This granted license and rights are royalty free, worldwide. This license extends to third parties necessary to the Sites or the Service and as deemed necessary by the Company to comply with legal obligations.
b. The Company has the right to not accept, post, store, distribute or allow User access to User provided content at its sole discretion but The Company shall have no obligation to pre-screen, reject, review, quarantine, delete or move any content available with the Service for any reason and without liability to any person.
c. By inviting other users to view a child’s account, the User grants rights to the invited User to view, download, and transmit the User provided content.
d. The User is liable for the content they provide.
e. Users access information and content at their own risk. The Company is not responsible for errors or omissions in the information or content or for any damages or loss a User may suffer in connection with User provided content. The User agrees the Company is not responsible for any user content, has no duty to take action to verify the identity of the User responsible for the content, is not responsible for how a User interprets or uses the content, nor is the Company responsible for actions a User may take as a result of having viewed the content. -
f. User represents and warrants that (i) User has all rights in and to the User provided content, (ii) the User has the authority to grant the license to the Company described herein and (iii) the User’s use of the provided content and license granted to the Company do not infringe on the rights of any others in or to the User provided content and do not violate any copyright, intellectual property rights or other laws.
g. In the event that the User conducts any of the following acts, the User shall be solely liable therefor, at their own responsibility and expense: slander the reputation of a third party, infringe on the privacy rights thereof, unlawfully disclose personal information of a third party, engage in any violation of intellectual property, copyright or trademark law, or otherwise infringe on the rights of a third party.
h. The User shall be sole responsible for back-up of their User provided content.
i. Any User provided content that is required for the display and the operation of the Service may be automatically modified or updated by the Company without notice.
6. Subscription Fee
a. Users who elect a Premium Subscription will be charged a monthly fee, in advance and automatically renewed on a monthly basis unless the User cancels the Subscription prior to the next billing date.
b. Users are charged through App Store in app purchase or Google Play in app purchase and User acknowledges that bank information, payment and cancellation policies is managed through these services, and are subject to their separate terms and conditions.
c. No refunds will be granted for Premium Subscription fees paid.
7. Modification to or Termination of the Service
a. The Company may, at its discretion and at any time, restrict, add, suspend, modify, discontinue or terminate the use of all or part of the Service. The Company shall not be liable for any damage suffered by the Users arising from such addition, modification, restriction, suspension, or discontinuance or termination = of the Service.
b. The Company retains the right, at its sole discretion, to implement limits to the nature or size of storage available to Users, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, the User’s content and other data, and impose other limitations at any time, with or without notice.
9. Account Deletion
b. The Company may, at its own discretion, delete or suspend the account of a User for any reason the Company determines sufficient, including but not limited to an improperly registered the account, or violation of the TOU,
10. Links to Third Parties
a. Third party websites or services linked or connected through the Sites or Service are not owned or controlled by the Company. Users agree and acknowledge that their use of third-party websites and services is at their own risk.
b. The Company assumes no responsibility for the content, accuracy, privacy, security, practices of or opinions expressed in any third-party websites or services.
c. The Company is not responsible for any damage or loss caused by or in connection to third party websites or services available through the Sites or Service.
11. Customer Conduct
a. Users take responsibility for their own conduct, all conduct taken under their account, including but not limited to all content that is created, transmitted, stored or displayed by anyone using their account.
b. Users agree to use the Service only for purposes that are legal, proper, in accordance with the TOU, and in compliance with all applicable laws and regulations (including without limitations, laws and regulations to the recording of audio/ audio video content, copyright laws, defamation laws, privacy laws and the storage and transmission of data and technology).
c. By submitting to the Company any ideas, suggestions, documents or proposals through the feedback interface or otherwise, the User acknowledges and agrees that: (i) the User’s contributions do not contain confidential or proprietary information; (ii)the Company is not under any obligation of confidentiality, express or implied, with respect to the contribution; (iv) the Company shall be entitled to use or disclose such contributions for any purpose, in any way; (v) the Company may have something similar to the contribution already under consideration or development; (vi) Users contributions automatically become the property of the Company without any obligation of the Company to the User; (vii) the User is not entitled to any accounting, compensation or reimbursement of any kind from the Company under any circumstances.
d. The Users may not engage in any of the following acts when using the Sites or the Service.
i. Use for illegal purposes or for promotion of dangerous or illegal activities.
ii. Breach any applicable law or regulation.
iii. Impersonate any person or entity, including, but not limited to, an employee of the Company or falsely state or otherwise misrepresent their affiliation with the Company or any other person or entity.
iv. Behavior that infringes in or is deemed likely to infringe on intellectual property rights including copyrights and trademarks of the Company or a third party.
v. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
vi. Upload, display or share content that contains material that is deemed inappropriate by the Company.
vii. Acts that discriminate, slander or damage the reputation or credit of the Company or a third party, or that encourage or support of such acts of another;
viii. Solicit passwords or personal identifying information from other users.
ix. Access, or attempt to access, the Sites or the Service by any means other than through the interface that is provided by the Company.
x. Acts of stalking or harassing any person, or the Company, or take any action invasive to another’s privacy (for example posting another’s email, phone number) without permission from such other person.
xi. Acts that impose or are deemed likely to impose a burden on the server of the Company or a third party, or acts that hinder or are deemed likely to hinder the operation of the Service or the network system.
a. The Company may display advertisements on the Sites or the Service.
b. The Company may advertise new services or distribute advertisements of other company, by email or any other means of direct contact. A User may opt out of direct advertising contact by notifying the Company in writing that they do not desire to receive such communications.
13. LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS ARE INCLUDED BELOW AND ARE AN INTEGRAL PART OF THIS TOU
a. DISCLAIMER. THE SITE AND SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK.
b. NO WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR SERVICES, THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
c. NO LIABILITY FOR OFFICERS, DIRECTORS and NO CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, CRIMINAL OR CIVIL OFFENSES, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES, OR FOR INACCURATE OR INCOMPLETE INFORMATION OBTAINED OR DERIVED FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. TERMINATION. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO RESTRICT, TERMINATE OR DENY ACCESS TO OR USE OF THE SITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, AND WE MAY DELETE YOUR ACCOUNT AND/OR ANY CONTENT OR INFORMATION THAT YOU POSTED TO, SAVED OR STORED TO YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
e. In the case of termination of services, The Company shall not be obligated to monitor or save the photos, videos or other media, subject to the terms of the License Agreement.
12. Governing Law and Jurisdiction
a. User agrees that this TOU shall be construed and enforced under the laws of the Commonwealth of Massachusetts and each party hereto submits to the exclusive jurisdiction of the Courts of the Commonwealth of Massachusetts.
b. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
c. If any term or provision of this TOU should be declared invalid by a court of competent jurisdiction, the remaining terms and provisions of this TOU shall be unimpaired.