Terms of use

Effective Date: 27.06.2013

The Terms of Use constitutes a contract between us. The Terms include the provisions set forth in this document and in the KidRead Privacy Policy, as well as other terms or conditions that may be presented to you from time to time in connection with specific offerings (all of which we collectively refer to as the “Terms of Use” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our KidRead (also referred to as the Service and described below). If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy.

The KidRead Service consists of KidRead Software (as defined below), and other products, services and web sites hosted or made available by OCM, which enable you to do many wonderful things on multiple computer devices and systems (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.

You are one party to the contract. The other party to this contract is Obreey Content Management SA, a company headquarter at Oliaji Trade Centre, 1st floor, Victoria, Mahe, Seychelles, or, if applicable, one of its respective affiliated company (as may be referred to in these Terms of Use as “OCM,” “we” and sometimes “us”).

Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.

If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

In order to use the Service you need to create an KidRead account. You create an account by providing us with an acceptable username and email address, and creating a password. We refer to this as your “Account Information.” We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private content, you should immediately change your password and notify our Customer Support team.

Second, although you may use KidRead with only a web browser, in order to use KidRead on a variety of computing devices, you’ll need to install our client software on your tablets and phones operated under appropriate mobile OS. Sorry, but obtaining those devices and paying for their connectivity and data plans is your responsibility. KidRead also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.

Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the KidRead Software provided to you by or on behalf of KidRead, for the sole purpose of enabling you to use the KidRead Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the KidRead Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in OCM or the Service.

Generally, using KidRead is free of charge. Please note however that some operations of the Service may be rendered for payment. For example, some books supporting KidRead may be distributed for price. In this case you may be requested to provide your payment details, and such information will be treated in accordance with actual version of KidRead Privacy Policy. In addition to this, by using paid services inside KidRead you unconditionally agree to be bound by respective terms of service and privacy policy of our payment operator(s) or agent(s). OCM is responsible for making these documents available to you on your request at info@kidread.com.

You retain copyright and any other rights you already held in your private content before you submitted, posted or displayed it on or through the Service. But you do have to grant OCM a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, OCM acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your content. You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your content is stored with us), and include a right for OCM to make such content available to, and pass these rights along to, others with whom OCM has contractual relationships related to the provision of the KidRead Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your content to third parties if OCM determines such access is necessary to comply with its legal obligations.

If you elect to use any third party service or application that is integrated with KidRead, you also agree that the licenses granted to KidRead in the preceding paragraph shall apply to content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract content, you grant OCM the right and license to enable such access to your content.

Inasmuch as we rely upon your rights to upload and distribute your content, you represent and warrant to OCM that you have the unfettered legal rights and authority to submit your content to KidRead, and to make any publication or other distribution of that content in your use of the Service. You also represent to us that, by submitting content to KidRead and granting OCM the rights described in these Terms, you are not infringing the rights of any person or third party.

Your use of the Service must be in accordance with these Terms. When it comes to your use of KidRead, you agree that you are responsible for your own conduct and all conduct under your account. This means all content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “content”) – created, transmitted, stored, drawn, noted or displayed in your account, is your sole responsibility as the person who created the content or introduced it into the Service. As KidRead is targeted at extensive use by children this rests on your responsibility to control such use of Service and you acknowledge that you understand that use of electronic devices and software installed onto it by children may be unpredictable and cause damage or lead to breakings down.

In agreeing to these Terms, you also agree that the rights in the Service including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any OCM software including without limitations KidRead, unless you are expressly permitted to do so under an open source license or we give you express written permission.

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your content and other data, and impose other limitations at any time, with or without notice.

OCM may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service to you, and you hereby agree that such third party involvement is acceptable.

OCM may from time to time include as part of the Service computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. OCM expressly disclaims any warranty or other assurance to you regarding such third party software.

In connection with any modification of the Service, OCM may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. OCM will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), OCM may require you to install the update to continue accessing the Service. In all cases, you agree to permit OCM to deliver these updates to you (and you to receive them) as part of your use of the Service.

The KidRead Service is available worldwide, but our data processing operations take place in the Netherlands. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and content), through computer networks owned or used by OCM and third parties located in the Netherlands and other countries. As a result, your use of the Service will likely result in international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

You may close your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice. However, if you desire to deactivate your account you need to take certain specific steps in account settings menu.

We may display advertisements and promotions on or in connection with the Service, books and other contents associated therewith, some of which may be paid for by third parties. These messages may promote products and services, demonstrate various uses of our Service and promote our or certain third party applications and services that work with KidRead.

Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.

We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of, or in connection with, the Service. We have no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.

You agree to indemnify and hold OCM, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Use or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

The Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) OCM DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OCM, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF OCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) OCM’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF USE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations.

NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We may provide you with notices by email, regular mail or postings on the web site(s) related to the affected Service.

Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to OCM must be delivered by email to info@kidread.com. This email address may be updated as part of any update to these Terms of Use. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):

Obreey Content Management SA

Oliaji Trade Centre, 1st floor, Victoria, Mahe, Seychelles

These Terms and the relationship between you and OCM (including any dispute) shall be governed in all respects by the laws of Switzerland and shall be considered to have been made and accepted in Switzerland, without regard to conflict of law provisions.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

YOU AND OCM AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER KIDREAD USERS.

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

These Terms constitute the entire agreement between you and OCM and govern your use of the Service. These Terms supersede any prior agreements or earlier versions of these Terms between you and OCM for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.

Second, you acknowledge and agree that each affiliate of OCM shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.