Last Updated: July 2024
Welcome to myKiids.com, a project developed and operated by KLG Group (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website, products, and services (“Services”). By accessing or using myKiids.com, you agree to be bound by these Terms, our Privacy Policy, and any other guidelines or policies referenced herein. Please read these Terms carefully; if you do not agree, you must cease using our Services immediately.
1. Acceptance of Terms
By accessing, using, or registering on myKiids.com, you affirm that you are at least 18 years of age (or the age of majority in your jurisdiction if older) and have full authority and capacity to enter into these Terms. If you are under 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
2. Changes to Terms
We reserve the right to amend or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting, and continued use of our Services constitutes acceptance of the updated Terms. Please check this page periodically for updates.
3. Use of Services
A. User Account
- Account Registration: To access certain features, you must create an account. You agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
- Account Security: You must notify us immediately if you suspect any unauthorized access to your account. We are not liable for any losses arising from unauthorized account use.
B. Permissible Use
- License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use myKiids.com for personal, non-commercial purposes, in accordance with these Terms.
- Prohibited Conduct: You agree not to:
- Engage in unauthorized access, data extraction, data mining, scraping, or similar activities;
- Use the site for any unlawful or fraudulent purpose;
- Upload viruses, malware, or other harmful code;
- Impersonate any person or entity or misrepresent your identity;
- Use any automated systems, bots, or software to interact with our Services without permission.
4. Content on myKiids.com
A. Ownership and Intellectual Property Rights
All content on myKiids.com, including text, graphics, logos, icons, images, videos, software, and functionality, is the property of KLG Group or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are not granted any rights in or to any of this content, except as explicitly granted in these Terms.
B. User-Generated Content
- License to Us: By submitting, posting, or displaying content on or through MyKiids.com, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, modify, and distribute your content in connection with our Services.
- User Responsibility: You represent and warrant that you own or have the necessary rights to post content and that your content does not infringe on the rights of any third party. We reserve the right to remove any content that we believe violates these Terms.
5. Third-Party Links and Affiliates
myKiids.com may contain links to third-party websites, services, and affiliate offers, such as Google Ads, GetYourGuide, and Kiwi. These are provided for convenience and do not constitute an endorsement by us. We have no control over the content or practices of these third-party sites and disclaim any responsibility or liability for their actions, policies, or products. Your interactions with third-party links are governed solely by the terms and policies of the third parties involved.
6. Disclaimers and Limitation of Liability
A. Disclaimer of Warranties
MyKiids.com and all Services are provided on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and availability. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.
B. Limitation of Liability
To the fullest extent permitted by law:
- Exclusion of Liability: KLG Group, its officers, directors, employees, agents, licensors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of, or inability to use, the Services.
- Cap on Damages: In no event shall our total liability exceed the amount you have paid to us in the past 12 months, or $100, whichever is greater.
7. Indemnification
You agree to defend, indemnify, and hold harmless KLG Group, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to your use of MyKiids.com, violation of these Terms, or violation of any third-party rights.
8. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Valencia, Spain, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts in Valencia, Spain for the resolution of any disputes arising out of or related to these Terms or your use of the Services.
9. Arbitration Agreement
For any disputes not resolved informally, you and KLG Group agree to binding arbitration as the sole means of resolving disputes. This section applies only to users located in jurisdictions where arbitration agreements are enforceable.
A. Arbitration Procedure
Arbitration will be conducted by a mutually agreed-upon arbitrator. You agree that any dispute arising from these Terms will be resolved in individual arbitration and waive any right to participate in a class action.
B. Waiver of Jury Trial
You and KLG Group expressly waive the right to a jury trial for any disputes related to these Terms.
10. Termination
We reserve the right to terminate or suspend your access to MyKiids.com at our discretion, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will cease immediately. The provisions of these Terms that, by their nature, should survive termination shall remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Miscellaneous Provisions
- Entire Agreement: These Terms, along with the Privacy Policy and any additional policies or guidelines referenced, constitute the entire agreement between you and KLG Group concerning your use of the Services.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
12. Contact Information
For questions, concerns, or legal inquiries related to these Terms, please contact us.
By using MyKiids.com, you agree to be bound by these Terms. Thank you for choosing MyKiids.com.
