Terms of Service
KidQuest Terms of Service – Last updated May 3 2014
1. ACCEPTANCE OF TERMS
LiveHive Systems Ltd (“LH,” “Company,” “we,” “us,” “our”) provides the KidQuest service to you subject to the following Terms of Service (“TOS”). We may update this TOS by posting a new version on our website, and your continued use of the Service after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this TOS, you should discontinue all use of the Service immediately.
3. USER CONDUCT
By using the Services, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and LH reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. LH reserves the right to add to or amend this list of rules at any time. You agree that you will not use the Services to: A. post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. B. stalk or otherwise harass another. C. post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so. D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service. E. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. F. post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein. G. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. H. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. I. intentionally or unintentionally violate any applicable local, state, national or international law. Violation of our rules may result in the removal of your content from the Service and/or the canceling of your account. You understand that all materials submitted by users (“User Materials”), including but not limited to QuestBooks, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not LH, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will LH be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service. You acknowledge that LH may or may not pre-screen User Materials, but that LH and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Service. Without limiting the foregoing, LH and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in LH’s sole discretion.
4. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
LH may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LH with a Notice containing a description of the infringement and your contact information via email to “contact [at] getkidquest.com”
5. NON-COMMERCIAL USE
By registering for the Service, you acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
You agree to indemnify, defend, and hold LH and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.
7. MODIFICATIONS TO SERVICE
LH reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LH shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
8. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Service are owned by LH or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LH, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
9. DISCLAIMER OF WARRANTIES
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. LH expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. LH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content. b. No advice or information, whether oral or written, obtained by you from LH or through or from the Service shall create any warranty not expressly stated in the TOS.
10. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT LH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LH’S 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 LH FOR THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.
11. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
12. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and LH with respect to the Service and supersedes any prior agreements, oral or written, between you and LH. Waiver and Severability of Terms. The failure of LH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.