Terms of Service

Kidnected World is pleased to offer use of The Wonderment, educational platform that facilitates interactions between kids around the world.

Kidnected World understands how important it is for you to understand your legal rights and responsibilities as it relates to your use of The Wonderment Platform, Sites and Services. We spell out those rights and responsibilities completely in our Terms of Service below.

Remember, the Terms of Service are what you actually agree to when you sign up or use The Wonderment and the summary is not a substitute for reading the actual terms themselves.

———-

KIDNECTED WORLD TERMS OF SERVICE

By using the platform you are agreeing to all the terms in this agreement and you can’t pick and choose what you agree to.

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY KIDNECTED WORLD, INC. (“KIDNECTED WORLD” or “COMPANY”). BY VISITING OR USING THE WONDERMENT PLATFORM (“SITE”) OR USING THE SERVICES OF THE COMPANY IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE SITE OR SERVICES. USE OF THE SITE OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. ACCESS TO THE SERVICES

While we appreciate you using the Site, we can choose to change it and limit how you interact with it at anytime. When we change the Terms of Service you are bound by the new terms.

The kidnectedworld.org, thewonderment.com, and callforwonder.com websites and domain names and all other websites and domain names affiliated with Kidnected World, and any other linked pages, features, content, or application services offered from time to time by Kidnected World in connection therewith (collectively, the “Site”) are owned or operated by Kidnected World. Subject to the terms and conditions of this Agreement, Kidnected World may provide certain services through the Site (the “Services”), as described more fully on the Site. You may only use the Services for your internal, non-commercial, and/or educational use. The term “Services” shall include, without limitation, any service Kidnected World performs for you, access to the software platform available on the Site, the app, and the content offered by Kidnected World on the Site. Kidnected World may change, suspend or discontinue all or any part of the Services at any time. Kidnected World also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Kidnected World reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Site following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You agree that you are legally able to agree to the Terms of Service and if you are a child, that your parent or guardian agrees to the Terms of Service for you.

You represent and warrant to Kidnected World that: (i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent’s or legal guardian’s permission to use the Site and Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

If you want to use the Site, you must provide the equipment.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, long distance or local telephone service, and internet service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. PRIVACY

United States privacy laws will apply to your information if you are using the Site outside of the U.S.

Kidnected World knows that you care about how your personal information is used and shared, and takes your privacy seriously. The following describes the Kidnected World Privacy Policy effective as of January 1, 2013 and Updated October 30, 2015.

By visiting the Site, or by using any of our Services, you acknowledge that you accept the practices and policies outlined in this [Privacy Policy]. By using the Site, you are consenting to have your personal data transferred to and processed in the United States.

You post any Content on the Site at your own risk.   Although we may allow you to set privacy options that limit access to content, please be aware that non security measures are perfect or impenetrable.   We cannot control the actions of other users who may be able to access content you post on the Site.   Therefore, we cannot and do not guarantee that Content you post on the site will not be viewed by unauthorized persons. WE are not responsible for circumvention of any privacy settings or security measures contained on the Site.   You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached and archived pages or if other users have copied or stored your Content.

Any improper collection or misuse of Content or other information accessible on the Site is a violation of these Terms of Service and should be reported to [email protected] .

3. WEBSITE CONTENT

If you submit content through the Site, you are agreeing that you have rights to submit the content and agree to allow others to interact with the content through the Site.

The Site contains material, such as text, graphics, images, video, audio and other material (collectively referred to as the “Content”).   The Site is intended for educational, non-commercial use. The Content may be owned by us or may be provided by others, including other users of the Site. In many cases Content is provided by Site users (“User Content”). When you submit User Content on the Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Site a non-exclusive license to access, use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Service. Furthermore, you understand that Kidnected World retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Content you submit. Except for the limited license granted to you to access the Content through the Site, all intellectual property rights are reserved in the Content and you shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

We neither endorse nor assume any liability for the User Content submitted by third party users of the Site. Teachers are solely responsible for User Content submitted through their account and the consequences of posting or publishing such User Content. We generally do not pre-screen or edit User Content, but we endeavor to filter and monitor the content that is shown publicly on the Site. We have the right in our sole discretion to remove any User Content that does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You hereby consent to such removal and waive any claim against us arising out of the removal of such User Content.

Because much of the Content on the Site is User Content, you understand and agree that we do not control such User Content and cannot and do not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Kidnected World be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You, not Kidnected World, remain solely responsible for all User Content that you upload, post, transmit, or otherwise disseminate using the Site, and you warrant that you possess all rights necessary to provide such content to Kidnected World and to grant Kidnected World and other users the rights to use such information in connection with the Services and as otherwise provided herein.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You are not allowed to copy the Site for commercial purposes, and must respect our copyright in the Site and other peoples’ copyrights in the content they submit through the Site.

4. STORAGE OF CONTENT

You may download or copy the Content (and other items displayed on the Site for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Kidnected World or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Site without Kidnected World’s prior written consent, except in accordance with the terms of this Agreement.

5. PROHIBITED CONDUCT ON THE SITE

The Site is primarily for kids to connect around the world on common ground. Use common sense when posting content on the Site. Do not post controversial or offensive material.

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for all of your activity on the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access the Site.

The following activities are expressly prohibited on the Site and in connection with the Services:

6. COPYRIGHT INFRINGEMENT

Kidnected World respects the intellectual property rights of others and expects you to do the same. It is Kidnected World’s policy to suspend and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

If you believe your copyright is being infringed by content on the Site, let us know by completing the DMCA notice described below.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Kidnected World will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Kidnected World’s Designated Copyright Agent, identified in the sample notice below.

If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification (“Notice”) must include:

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Kidnected World Copyright Agent
26 Market Street, Suite 101
Salt Lake City, Utah 84101
(801) 532-4288
[email protected]

7. WHAT IF I RECEIVE A COPYRIGHT COMPLAINT (DMCA) NOTIFICATION?

If you become a known copyright infringer, we’ll shut down your account.

If you receive a notification that your submitted Content has been removed due to a copyright complaint, it means that the Content has been deleted from Kidnected World at the request of the Content’s owner. If your account receives too many copyright complaints, you may lose the ability to submit new content on Kidnected World, and your account may be disabled completely.

If your content is removed in error, follow the steps outlined in this section to have the content restored.

When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.

Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

How to File a Counter-Notice:

Your name, address, and telephone number.

DMCA ID printed at the bottom of the notification email.

The source address of the content that was removed (copy and paste the link in the notification email).

A statement under penalty of perjury that you have a good faith belief that the content was removed in error.

A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Kidnected World may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.

A physical or electronic signature (for example, typing your full name).

8. WARRANTY DISCLAIMER

WHEN YOU USE THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE AGREEING THAT WE ARE NOT RESPONSIBLE TO YOU FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THE SITE.

KIDNECTED WORLD HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT KIDNECTED WORLD HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAINS ACCESS TO THE SITE; WHAT CONTENT YOU ACCESSES ON THE SITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE KIDNECTED WORLD FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. KIDNECTED WORLD MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED ON THE SITE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF CONTENT CONTAINED ON THE SITE. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

YOU’RE AGREEING THAT IF YOU ARE SOMEHOW INDIRECTLY DAMAGED BY THE SITE, YOUR ONLY RECOURSE AGAINST US IS TO STOP USING THE SITE.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OR DAMAGES OR LOSSES RESULTING FROM THE CONTENT OR SITE IS TO CANCEL YOUR ACCOUNT AND TO DISCONTINUE YOUR USE OF THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. REGISTRATION AND PASSWORD PROTECTION

In order to access the Site, users will be required to create an account and password by completing the Site registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you in accordance with our privacy policy set forth in Section 2.

11. INDEMNITY

If we get sued for something you do on the Site, you agree to cover all our related costs.

You will indemnify and hold Kidnected World, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your use, your child’s use or one of your students’ use of the Site, your, your child or your student’s violation of this Agreement, or your, your child or your student’s infringement of any third party’s intellectual property rights through your account.

12. THIRD PARTY WEBSITES AND SERVICES

If you click on a link that takes you away from our Site, you do so at your own risk. We have no control over those Sites and won’t be held responsible for such content. The Site may contain links to third-party websites posted by users (“External Sites”).   We do not endorse any of the content on any External Sites. When you leave the Site, these Terms and our Privacy Policy will no longer apply.   The content of such External Sites is developed and provided by others and we cannot guarantee the appropriateness of the content for you. Kidnected World has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites.

13. TERMINATION

You can terminate your account at any time, and we can terminate your account at any time. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at [email protected]

Kidnected World may suspend or terminate your access to the Site or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. MISCELLANEOUS

Legal fine print standard to most contracts assignment, choice of law and venue, arbitration of disputes, waiver, and severability.

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Kidnected World shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Kidnected World’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Kidnected World’s prior written consent. Kidnected World may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Salt Lake County, Utah, using the English language in accordance with the Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of AAA. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Utah. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Site will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Kidnected World in any respect whatsoever.

15. CONTACT

If you have any questions, complaints, or claims with respect to the Services, you may contact us at:

Kidnected World
26 Market Street, Suite 101
Salt Lake City, Utah 84101
(801) 532-4288
[email protected]