Terms and Conditions

Last updated: June 2024

1. INTRODUCTION

KidsGames provides a web-based gaming platform ("Platform"). A User is a person who visits the Website and/or the Platform, plays web games, registers via any form available on the Website and/or the Platform, creates a login, subscribes or enters into a contract with KidsGames.

THESE TERMS OUTLINE OUR RELATIONSHIP WITH YOU, AS SUPPLEMENTED BY OUR PRIVACY AND COOKIE POLICY. BY PLAYING WEB GAMES ON OUR PLATFORM OR OTHERWISE USING THE WEBSITE OR PLATFORM, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS.

The Platform is intended for visitors and users who are thirteen (13) years of age (or the applicable minimum age in your country) or older. If you are under thirteen (13) years of age (or the applicable minimum age in your country), this Platform is not intended for you. We do not knowingly collect or solicit personal information from children under the age of thirteen (13) (or the applicable minimum age in your country) through our Platform

Your use of the Website and/or the Platform means that you are aware of, and agree to, the most recent version of the Terms and our Privacy Policy as published on the Website. It is your sole responsibility to ensure that your use of any and all third party websites or content complies with all third party requirements.

We may modify these Terms from time to time. We will notify you of any material changes by email (if you are registered on our Platform via an account (“Account”)) or notice on the Website (where deemed necessary) and will note the date of the last change. If you use the Website or Platform after these updates are posted, you will be deemed to accept these changes and agree to be bound by them. These Terms will continue to apply until terminated, either by you or by us, as described in these Terms.

2. USER LICENSE AND GAMING CONTENT

Summary: Our Platform (and all the available content) is licensed for your use, but its ownership as a property remains with KidsGames and its licensors. Provided that you comply with all Terms of this Agreement, KidsGames grants you a limited license to use our Platform and play the available web games for your personal, non-commercial use. You may also upload videos and stream games from our Platform on third party video sharing and streaming platforms but only when you follow our rules.

KidsGames grants you a non-exclusive, limited, non-sublicensable and non-transferable right to use our Platform, subject to the limitations set forth in these Terms and any other limitations communicated by us in writing. Nothing in these Terms prohibits KidsGames from providing our Platform to others.

Except for the limited rights expressly granted below, we reserve all right, title and interest in and to the Website and our Platform, including all associated intellectual property rights. Any games available through our Platform are owned by KidsGames or its partners. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Website/Platform, use of the Website/Platform or access to the Website/Platform without our express written consent. You may not duplicate, copy or reuse any part of the visual design elements without our express written consent.

Users may upload, create and provide content to KidsGames on its own ("User Content"). To the extent you upload, create or otherwise provide User Content to us, you grant KidsGames a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content as may be necessary or useful to provide and maintain the Website and/or Services. KidsGames reserves the right, but is not obligated, to review and remove User Content that is deemed to violate the provisions of these Terms or otherwise inappropriate, third-party rights, or applicable laws or regulations.

Users may create, upload, livestream and monetise videos on online (live streaming) websites using gameplay and screenshots from games available on our Platform (“Gaming Content”), subject to the following conditions: (i) KidsGames’ Platform and its logo will be clearly visible and not obscured, (ii) only monetise such videos and streams in accordance with the monetisation methods available on such online websites (e.g., Youtube, Twitch,...), (iii) you do not imply or state that your Gaming Content is officially affiliated with, sponsored, endorsed or approved by KidsGames (except when we have entered into a partnership with you) and (iv) the User is responsible for any third party content (e.g. music) that it uses together with the Gaming Content. KidsGames reserves the right to take action at any time against Gaming Content that KidsGames believes is unlawful, infringing, inappropriate or not in accordance with these Terms.

KidsGames will use its best efforts to resolve any issues, provided that the User complies with these Terms.

3. ACCESS AND USE

Summary: You can access our Platform and play web games with or without an Account. You should keep your username and password protected and secure. All activities that occur under your Account or on our Website are your responsibility. The Account information you provide to us must be accurate, complete, and your own. We are not responsible for any loss or damage arising from your failure to comply with these requirements or as a result of the use of your Account. If you are under 13 years old (or the applicable minimum age in your country of residence) or do not understand what this agreement is about, you and your parent or guardian must review this agreement together. Your right to use our Platform is also subject to limitations. In general, you should avoid doing anything that might harm KidsGames or anyone else. Among other things, you may not copy the Platform or use any content in an illegal or harmful manner, make any misrepresentations of or abuse our services, or otherwise violate anyone’s rights or any applicable laws. Failure to abide by any of these rules may bring us to revoke and cancel your Account, and void this agreement.

You can access our Platform with or without an Account. In order to create your Account, log in to the Website, and/or participate in the Platform offered, you must be eligible and agree to the terms and conditions set forth below. Failure to qualify and continuously comply with any of the following terms and conditions constitutes a violation of these Terms and may result in the termination of your Account and permission to use the Website and Platform. In particular, you agree that:

You are either (a) of age to give legal consent or (b) you are a minor over thirteen (13) years old or the applicable minimum age in your country, state, or province or (c) have the consent of your parents (or your legal guardian), to access the Website under the laws of all jurisdictions applicable to you. We expressly reserve the right (but have no obligation) to request proof of your age at any time;
All information you provide to us in your registration form for the purpose of establishing your Account will be true and correct and you will promptly notify us of any changes to such information;
Your Account is solely for your use and may not be used by any third party. You may not allow any third party to use your Account, password, login or user ID to access or use the Website, the Platform, or for any other purpose. We take no responsibility for any third party access to your Account. You must immediately notify us of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, username or password and all such use is deemed authorized by you. You are responsible for the security of the password you use to access the Platform and for all activities or actions under your password, whether your password is with our Platform or with a third party service;
You have verified and determined that your use of the Website and Platform does not violate any law or regulation in any jurisdiction applicable to you. It is your sole responsibility to ensure that this is the case;
You will not use the Website or the Platform for fraudulent or otherwise illegal purposes;
You understand that we may detect your Internet access location, without obligation, and may use techniques intended to block or restrict access from a jurisdiction where participation in the Website or Platform is illegal or restricted;
You will not mask your identity in any way, including, but not limited to, IP masking or accessing the Website through any type of proxy server; and
You will ensure that all use of your Account is in full compliance with these Terms. We may suspend or terminate your access to the Website and Platform without notice to you if you do not use the Website or Platform for an extended period of time.
You agree to use the Website and/or the Platform only for its intended purpose, and You will not:
- sublicense, lease, rent, lend, distribute or otherwise transfer the Website and Platform to any third party;
- decompile, reverse engineer, disassemble or otherwise derive the source code of the Website and/or the Platform;
- use or copy the Website or the Platform, except as expressly permitted in these Terms;
- use the Website and/or the Platform to generate unsolicited email advertisements or spam;
- modify, remove or render illegible any copyright notice, digital watermark, proprietary legend or other notice contained on the Website and/or Platform.
- intentionally distribute worms, Trojan horses, corrupt files or other items of a destructive or misleading nature or use the Website and/or Platform for illegal, invasive, infringing, defamatory or fraudulent purposes;
- remove or in any way circumvent technical or other protection measures on the Website and/or on the Platform;
- Web Scraping and Automatic Data Collection: You may not, without our prior written consent, use any robot, spider, scraper, deep link or other automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Website/Platform or its content, including user accounts, user data, or any other proprietary information or data related to the Website, for any purpose, including, but not limited to, commercial purposes such as training machine learning algorithms or artificial intelligence models

Notwithstanding above, you may (a) temporarily store copies of such materials in RAM, (b) store files that are automatically cached by your web browser to improve screen display, and (c) print a reasonable number of pages from the Website; provided that, in each case, you do not modify or delete any reference to copyright or other proprietary notices contained in such materials.

All content and/or opinions uploaded, expressed or submitted on any message board, blog, chat room or other publicly accessible part of the Website or games available on the Platform, and all articles and answers to questions, other than content provided by KidsGames, are solely the opinions and responsibility of the person or entity sharing them and do not reflect the opinions of KidsGames. You understand and acknowledge that you are responsible for the content you share and that you bear full responsibility for such content, including its legality, reliability and appropriateness.

Notwithstanding the above, you agree to not post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, invasive of another's privacy or otherwise tortious; (c) obscene, endangers or exploits children, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

5. PRIVACY

KidsGames's use of your personal data and our responsibilities in protecting your privacy are described in our Privacy Policy.

6. THIRD PARTY WEBSITES AND PROMOTIONS

Summary: We don’t control third-party services, and we’re not liable for any transactions you may perform with them, or for what they do. When using third-party services, your security is your responsibility. Please be aware that promotions that are made available through our Platform may be subject to additional rules.

Our Website contains links to other websites on the internet. KidsGames is neither responsible for nor endorses the content, products, services or practices of third-party websites, including, but not limited to, websites embedded in our Website or third-party advertisements, and makes no representations regarding the quality, content, accuracy or suitability of these websites in the context of your viewing or use. Your use of third-party websites is at your own risk and subject to the terms of use of such websites.

IN THE EVENT THAT YOU CHOOSE TO PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY, KidsGames IS NOT RESPONSIBLE FOR SUCH PRODUCTS OR SERVICES, AS IT IS NOT A PARTY TO SUCH A TRANSACTION AND IS NOT LIABLE FOR ANY DIRECT OR INDIRECT COSTS OR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOU AND SUCH THIRD PARTY. NEITHER KidsGames, NOR ITS LICENSORS OR CONTRACTORS, MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF CERTAIN RIGHTS OR COMPATIBILITY.

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

7. TRADEMARKS, TRADE NAMES AND SERVICE MARKS

Summary: You are not allowed to misuse any logos or names that are available on the Website.

Unless otherwise indicated, all logos, names, packaging designs and marks on the Website are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

8. WARRANTIES; DISCLAIMER

Summary: We offer no warranties regarding our services and the Platform, including any regarding their quality, reliability, security, or compatibility.

YOU WARRANT THAT YOU WILL ABIDE BY AND RESPECT THESE TERMS OF SERVICE AND ANY ADDITIONAL GUIDELINES OF OUR PLATFORM. IF THESE CAUSE YOU ANY HARM, WE WILL NOT BE HELD LIABLE.

You understand that we cannot and do not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may have contaminated or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to meet your specific requirements for accuracy of data input and output, and for maintaining a means outside the Website and Platform for reconstructing lost data. We assume no responsibility or risk for your use of the Internet.

OUR SERVICES AND ALL MATERIALS ON THE WEBSITE AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KidsGames MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY MATERIAL ON THE WEBSITE, OR ON ANY WEBSITE OR WEBSITES "LINKED" TO THE WEBSITE. KidsGames DOES NOT WARRANT THAT THE WEBSITE AND/OR OUR PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. MISCELLANEOUS

If any provision of these Terms is deemed invalid, illegal or unenforceable, such provision will be deemed amended to comply with applicable law and the remaining provisions of the Terms will continue in full force and effect to the extent permitted by law.

These Terms and our Privacy Policy represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications with respect to the subject matter.

Your use of the Website/Platform does not create an employment, partnership, joint venture or any other relationship beyond that of a website user governed by these Terms. KidsGames cannot be held responsible in case of default (temporary or otherwise) or in case of failure to perform any of its obligations as a result of a case of force majeure or coincidence.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KidsGames without restriction.

KidsGames' waiver of any term in these Terms does not imply an ongoing or additional waiver of that term or any other term, and KidsGames' failure to enforce a right or provision does not constitute a waiver of that right or provision.