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Pastel Swirl

Terms of Use

Effective Date January 01, 2025
Welcome to KidsDue

Before using our Site, please read these Terms and our Privacy Policy. We recommend visiting our Terms regularly to stay informed of any updates and ensure compliance.

This agreement is between KidsDue (the “Company,” “we,” “our,” or “us”), and you, the user (“you,” “your,” “user”), concerning your access to and use of KidsDue (the “Site”). The Site includes the platform and any associated media, channels, or applications linked or otherwise connected thereto. By accessing the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents posted on the Site from time to time are incorporated by reference into these Terms. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. The “Effective Date” at the top of these Terms reflects the latest updates. By continuing to use the Site, you acknowledge and agree to any modifications.

The Site is designed to facilitate the sharing of creative works by children, including watercolor paintings, doodles, handcrafts, and drawings, through accounts managed by their parents or legal guardians. All interactions on the Site must comply with our commitment to maintaining a safe and secure environment, especially for children.

Eligibility

  • Accounts must be created by individuals aged 18 or older, acting as the legal guardians of the children.

  • Content submitted must comply with our guidelines and be suitable for all audiences.

User Registrations

  • You may browse the Site without creating an account (“Account”), but you need to create such when you are purchasing a plan. We support two login modes: (i) login with Email where you create account using your mail and password, and (ii) “Login with …” (the ... represents a identity provider "IDP") where you use your existing IDP account such as Facebook or Google. Once you created an account using the Email mode, you are agreeing to the following terms: you (i) must keep login and password to the Site secure and confidential; (ii) are solely responsible for user information and all activity in the account in the Site; (iii) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify us promptly of any such unauthorized access; (iv) provide the complete and accurate information, and to keep it up to date; and (v) may use the Site only in accordance with applicable law.

  • Creating account using the “Login with …” mode, will associate your KidsDue account with the IDP used account. At this mode you may need to approve the association between our account and the IDP account and grant us a selective permission on the IDP account.

  • Account Creation: Parents or legal guardians must provide accurate and complete information when creating an account.

  • Account Responsibility: Users are responsible for keeping their account information up-to-date and secure.

  • Account Suspension or Termination: We reserve the right to suspend or terminate accounts for violations of these Terms of Use or other applicable policies.

User Responsibilities

By using the Site, you represent and warrant that: 

  • (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms of Use; (iv) you are above age 18 in the jurisdiction in which you reside, or if, your age between 13 to 18, and have received parental permission to use the Site; (v) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (vi) you will not use the Site for any illegal or unauthorized purpose; and (vii) your use of the Site will not violate any applicable law or regulation.​

  • If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site or any portion of the Site.

  • Account Security: Parents are responsible for maintaining the confidentiality of login credentials.

  • Content Ownership: Parents retain ownership of the content submitted on behalf of their children but grant KidsDue a license to display and promote the content on the platform.

  • Appropriate Use: Users must not upload offensive, copyrighted, or inappropriate materials. Violations may result in account suspension.

Privacy and Safety

  • Data Collection: We collect and store basic account information, including parent’s name, email address, and child’s first name.

  • Privacy of Children: No personal information about children will be shared publicly. Only their creative works will be displayed.

  • Data Protection: We use industry-standard security measures to protect your data. However, no method of transmission over the Internet is entirely secure.

  • Safe Zone for Kids: Ensuring the safety and well-being of children is our top priority. We have implemented robust measures, including:

    • Strict moderation of all content uploaded to the platform.

    • Expert review of each submission to ensure legality and prevent misconduct.

    • A controlled approval process for uploaded images, with clear criteria for accepting or declining submissions.

    • No public display of personal information related to children.

    • Proactive monitoring of activities to maintain a secure, family-friendly environment.

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Our full Privacy Policy can be found here. You are invited to review and get more details on how we carefully and securely handle your private information.

Content Guidelines

  • All submissions should be original works created by the child.

  • Content should not infringe on copyright, trademark, or intellectual property rights.

  • Submissions must not contain harmful, explicit, or inappropriate material.

  • Each uploaded drawing or artwork will be reviewed by our team of experts to ensure compliance with these guidelines and adherence to legal and ethical standards.

Intellectual Property

  • The Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, illustrations, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

  • Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

  • Ownership of Submissions: Parents retain ownership of the content submitted. However, by uploading content, you grant KidsDue a worldwide, non-exclusive, royalty-free license to use, display, distribute, and promote the content in connection with the platform’s operations and marketing.

  • Copyright Infringement Claims: If you believe your copyright-protected work has been improperly used, contact us immediately with relevant details.

Contribution License

  • You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

  • By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 

  • We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Guidelines for Reviews, Ratings, and Sharing

  • Reviews and ratings must be constructive, respectful, and relevant.

  • Users are prohibited from posting false or misleading reviews.

  • Visitors can like and share creative works on the platform to celebrate and promote the children’s talents.

  • We may accept, reject, or remove reviews, or ratings, in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Submissions

  • Submissions must be original and created by the child associated with the account.

  • Users must not submit any plagiarized, offensive, or unlawful content.

  • We have a controlled process to review every uploaded creative image. Our expert team approves or declines submissions based on compliance with our guidelines.

  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

User Data

  • We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  • Third-Party Access: We do not share user data with third parties except as required by law or to provide platform services.

  • Data Retention: User data will be retained as long as the account is active or as required by law.

Site Management

We reserve the right, but not the obligation, to:

  • (i) monitor the Site for violations of these Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (ii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

  • Unauthorized access attempts may lead to legal action.

Payment Plans

  • Users may access basic or premium plans as available on the platform.

  • Premium plans may include additional features or services. Payment terms and conditions will be provided during the subscription process.

  • All fees are non-refundable unless stated otherwise.

  • You need to provide the Payment Details, such as credit card and any additional information may be request from you. By entering your payment details and submitting your order, you authorize us and our third party payment processors to charge the total amount of the order and VAT, to your selected payment method.

  • From time to time, and under various campaigns we may offer Promotion Codes (AKA Promo Code). Having such Promotion Code and providing it during the Payment process will deduce, partially or fully, the promo code amount from the charging amount following the promo code and campaign terms.

Terms and Termination

  • These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

  • If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  • You may terminate your account by contacting customer support.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Site.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the platform for illegal purposes or activities.

Modifications and Interruptions

  • We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

Governing Law

  • We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Warranty Disclaimer

  • THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE 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 THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) 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. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

  • YOU CONFIRM THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OF ANY USER AT THE SITE.

  • WE WILL NOT BE CONSIDERED LIABILE ON USER’S INACCURETE OR NOT AUTHENTIC PRESCRIPTIONS. WE WILL NOT BE CONSIDERED LIABILE ON USER’S INACCURETE OR WRONG NONE PRESCRIPTIONS PARAMETERS ENTRED BY THE USER.

Limitation of Liability

  • IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

  • You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Electronic Communication, Transactions, and Signatures

  • Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

Miscellaneous

  • These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

If you have any questions about these terms, please contact us at contact@kidsdue.com.

Thank you for being part of our creative community!

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