Terms of Use

WEBSITE AND IPHONE-APP GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY

 

1.General

1.1  About

The VIKIDO website (the “site”) and iPhone Application (“app”) are owned and operated by VIKIDO, Ltd., an Israeli corporation (“VIKIDO”).  Please review these General Terms and Conditions of Use and the Privacy Policy prior to using this Site and the services provided by it.

1.2  Beta Stage

The site and app are in “Beta Stage”, meaning that the availability and quality of service for both may be disrupted or impaired due to technical reasons.

1.3  Adults and children

Vikido is designed for use by both adults and children (under 13), using a separate interface for each.

Only adults and children 13 and up can sign-up as users to Vikido and only they can open and manage “child accounts”

Child Accounts are accounts opened by an adult user under his/her account.

Any child related information and content is unavailable to anyone but the parent account and the users to which the parent account has granted access rights.

1.4 Sign-up and sign in using “Facebook Connect”

Vikido uses Facebook Connect as its main signup tool. This saves the user time to register and allows the user to easily find and follow friends and family and to publish content to his/her Facebook feed.

Child accounts cannot sign in on their own and the parent must first sign in and then choose the account to be used (his own or his children’s).

The child has noaccess to Facebook and Facebook Connect is only used by the parent as a way to connect to his/her account.

2. Description of the Service

2.1 Short Description

Vikido is a social sharing platform, designed for the web and mobile, that allows families to share and connect.

2.2 Scope of Service

With Vikido, children and grownups can create audio, video or pictographic content and share it with their family and friends. Parents can decide exactly who views their child’s creations – whether it be grandparents, a close contacts from a limited list of choice or a broader public circle via Facebook. Children can share content with their parents and a predefined list of users which the parent authorizes them to connect with.

3. Use of the Site and the Service – Main Features

3.1 Main Features

Following are the main features which are currently available on the Vikido site and app

(a)   Adults

-          View the “everyone” feed containing content created by people the user follows

-          View the “family” feed containing content created by the user’s children and other children’s content made available by their parents.

-          Creation of images, video, audio, links and text and the delivery of these media types to one or more of the following: the user’s “everyone” feed (public or private), user’s own children, other children who have been authorized by their parents to receive content from the user, Facebook friends.

-          Viewing recent activity in user or child accounts using the “notifications” (AKA “feedback”) screen (app only)

-          Finding and inviting Facebook friends for the purpose of following their “everyone” feed (app only)

-          Defining children and inviting friends to connect with them (app only)

-          Setting the default sharing options (app only)

-          Editing profile image and details (app only)

-          Editing notifications settings (app only)

-          Configuring the privacy of the “everyone” feed:
Privacy mode “on” – anyone who follows you can view
Privacy mode “off” – only people you follow can view

(app only)

(b)    Children

-          Creation of images, video, audio and text and the delivery of these media types to the child’s contacts, as defined in his/her parent’s account

3.2  Feeds

Following are the main feeds available to the user

(a)   “Everyone” Feed

Shows the content sent by the users which the user follows to their “Vikido friends” (or personally if viewed from a child account)

(b)   “Family” Feed

Shows the content sent by the user’s children or to the user’s children

(c)    Profile feed

Shows the content sent by a user to his/her “Vikido Friends”

The user can set the privacy level of his “Vikido Friends” posts, determining if all users can watch them or just people with mutual following status. By default “Vikido Friends” is open to all users.

The user can comment on, “Love” or flag as abusive the content of other users available to him/her.

3.3 Notifications

There are 2 types of notifications in Vikido

(a)   Email Notifications

Sent to the user when mobile device is not in use, according to the notifications settings

(b)   (iOS) Mobile Notifications

Sent to the user’s (or child account) iPhone/iPod/iPad

When a user or a child account logs into Vikido using an iOS mobile device the notifications are sent to that device.

Notifications are triggered according to the notification settings.
The mobile notifications sent to the child via the mobile device are triggered according to the notification settings of the parent’s user account.

3.4  The Default Vikido Friend

By default all users (parent accounts) have a default mutual following with the Vikido system user. This allows Vikido to view the content of the user’s “everyone” feed and to publish content which will appear to the user on the “everyone” feed.

System messages, updates, content of interest to parents and commercial offers will be posted from time to time to the user’s “everyone” feed.

Vikido does not have posting or reading permissions to any child accounts.

4.  Service Terms of Use

These Terms and Conditions of Use apply to all viewers of the site and app, whether you are simply browsing, using any of the services or actively participating in one   of the Website or app areas. The term “use” or “using” shall apply to anyone performing any of the above actions. By using this site or app, you agree to all the Terms and Conditions. If any of the Terms and Conditions is unacceptable to you, please leave the site or app and refrain from using it in any way

 You hereby acknowledge that the usage of the services in the website and app constitutes reasonable and valuable  consideration, for legal purposes, which  such Consideration’s  , receipt and adequacy are hereby acknowledged by you.

4.1 Children

a. You must be above 13 years old   in order to use this website independently. If you are the parent of a child under 13 years of age, please also read this Section.

b. If you are under 13 years of age, you may not use this site unless your parents or your legal guardian have read and approved these Terms and Conditions. If your parents or legal guardian have not read and approved them, please leave this site unless and until they do so.  Only after your parents or legal guardian have read and approved both   privacy policy and Terms and Conditions, and your use of the site, you may use the website and/or app.  You must not enter any personal information, such as your name, address, telephone number, hobbies or email until your parents approve the privacy policy and the terms of use and the actual information provided.

4.2 Use of the Site/ Content

Vikido grants you permission to use this site for your personal, non-commercial use only, on the condition that you accept and abide by all the Terms and Conditions.  Certain services of the website and app may require additional information and registration, including the creation of an account or receipt of a user name and/or password.

All information supplied by you to obtain an account, user name or password must be true, full and accurate. All   accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account and you may not use someone else’s User account without their prior written permission.

You are responsible for all activity on your account and you child’s account.  If you become aware of any unauthorized use of your account, user name or password, you should immediately notify VIKIDO. VIKIDO will not be responsible for any unauthorized use, whether occurring prior to or after your notification of such misconduct.

VIKIDO permits links to this site, provided the link is made and used in an acceptable and non-misleading manner and that this site is not framed by the linking site. VIKIDO will not allow links from any site that has content which either encourages or promotes in any manner, illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or content that is unsuitable to minors. The fact that Vikido links to a website or presents a banner ad or other type of advertisement is not an endorsement, authorization or representation that Vikido is  affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other websites and services follow different rules regarding privacy and disclosure of information. Thus, you should review the privacy policies and Terms of Use prior to entering and using services of other websites.

4.3  License and Proprietary Rights

The Site and the Service are protected by copyright laws and applicable international treaties. Vikido hereby grants you a personal, non-exclusive, non-transferable license to use the Site and the Service, subject to the terms and conditions of this Agreement.

VIKIDO has no ownership in any of the content, that you upload, transmit or store in your Vikido account, whether  as  text, data, information, images, photographs, music, sound, video, or otherwise.

Once you upload content and information of any kind on the Site (i.e. create an account, a child account, add friends etc. collectively the “Information”), you hereby grant VIKIDO a non-exclusive license to use the information on the Site and the Service, under the terms and conditions of this Agreement.

Except for certain technology and Information licensed to VIKIDO  by Users, VIKIOD is the owner of all rights in the Site and the Service, and nothing in this Agreement shall be deemed as a grant of any such rights to you.

4.4  Scope of license and prohibited uses

You may not use the Site and the Service to perform any activity (i) which is in violation of any applicable laws or may be regarded as unlawful harassing  obscene, infringes another’s privacy, or otherwise objectionable (ii) which infringes the rights (including any intellectual property rights) of third parties or (iii) which is in violation of this Agreement. Without derogating from the generality of the above, while using the Site and the Service, you may not post information or content which (a) falsely impersonates or otherwise misrepresents your true identity; (b) includes any information (either name, contact details or photo) of another person or entity, unless you were explicitly empowered in writing to do so; (c) is unlawful, libelous, obscene or otherwise objectionable. If you become aware of any information posted on the Site (including by other Users) which consists of information which does not comply with the above requirements (among others – false identities, libelous information, copyright infringing material, inaccurate information, etc.), we urge you to contact us at support@vikido.com and advise us accordingly.

4.5 Infringement Policy

VIKIDO reserves the right, to terminate your license to use the Sites or the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing.  Vikido  does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, Vikido has implemented procedures for receiving written notification of claimed infringements and for processing such claims. All claims of infringement must be submitted to Vikido in a written complaint and delivered to support@vikido.com to receive notification of claimed infringement.

To apply the complaint must include:

(a)   written description as to defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

(b)   A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an the rights infringed or  (2) the person defamed.

(c)    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Same applies for any materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party.

(d)   Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(e)    Information reasonably sufficient to permit Vikido  to identify and contact  to contact you (Address, phone number, email etc.) ,

(f)    A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

In addition, while using the Site and the Service, you may not use any automatic means (including “spiders”, “robots”, etc.) in order to “scan” the Site and retrieve the information and account details appearing therein, except if such conduct is intended solely for the purpose of presenting such information in search engine results.

5.  Privacy

(a) What information we collect – (i) When you register with the Site and/or app and create an account(ii) When you login to  the Site and/or app (iii) We may use cookies to recognize you and improve your user experience while using the Site.

The Facebook Connect used in the login/register/publish process provides us with the following information: All public information you provide to Facebook or used by Facebook in connection with your account, Name, Email, Feed publishing rights, access to Friends list.

We do not collect any behavioral targeting information (links you click or profiles you visit)

All personal information which is not publically shared is collected using SSL encryption.

 (b) What we do with the information we collect

We only use the contact details of your Vikido and Facebook friends to enable you to follow and unfollow them, (iii) We may send you our periodic newsletter, notifications and system messages by e-mail.(iv) As a basic rule of conduct, we do not share any information we collect with third parties, unless (A) you authorized us to do so; or (B) we believe in good faith that the disclosure of the information is required by any applicable law, regulation, court order, legal proceedings or governmental demand; (C) it is required to handle security breach or fraud investigations or (D) You have registered to Vikido via a third party and the Information is required by that third party.

Your name will appear in the Friend Search.  However, you can make your content private and by doing so hide it from anyone you are not following yourself.

(c) Your control over the information – At any time, you may review, update or delete your information which appears in your profile. In addition, you may review, update or delete the people you follow. You may also request us to close your account, and we will attend to such request promptly. In addition, you may request to opt-out from receiving further e-mails from us.

However, your use of areas of our Services that are intended for you to interact with other users may allow you to post sensitive information . By choosing to use these areas, you understand and agree that anyone may access, use, and disclose any sensitive information that you post to those areas, and any party may disclose it further.

5.1 Acknowledgment regarding use of the Site and the Service and disclaimer of warranties

You acknowledge and agree that:

(a) Some of the features of the Site and the Service incorporate the use of third party technology licensed by among others, (i) Amazon AWS (ii) Wowza Media Systems (iii) Facebook (iv) avchat software. Your use of such third party technology is at your own risk and liability and VIKIDO shall not be liable for any errors or damages, arising from or in connection with such use of third party technology;

(b) The Site and the Service are provided “as is”, without warranty of any kind. Vikido makes no warranty, express or implied, regarding the Site and the Service, including the accuracy of information appearing therein (including information posted by Users), and disclaims any warranty of merchantability, fitness for a particular purpose and non-infringement. Your use of the Site and the Service is at your own risk. You also explicitly acknowledge that since the Site and the Service are only at a BETA stage, they are even more exposed to bugs and errors.

(c) Your login details are for your personal use only. VIKIDO will not be liable for any loss or damage you may incur as a result of someone else using your password with respect to the Site, either with or without your knowledge.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, these warranties shall apply to the maximum extent possible.

6.  Limitation of liability

(a) In addition to express limitations on VIKIDOSs liability throughout this Agreement, in no event shall VIKDIO or its licensee or assignee be liable to any third party for any unavailability or errors related to the use of the Site or the Service.  In addition, in no event shall VIKIDO or its licensee or assignee be liable to any third party for any indirect, special, incidental or other consequential damages however caused in connection with the use of the Site or the Service, even VIKIDO has been advised of the possibility of such damages.

(b) If, notwithstanding the limitations on liability contained in this Agreement, VIKIDO  shall be found liable to you in an action related to this Agreement and your use of the Site or the Service, its liability shall not exceed the amount of US$ 100.

7.  Indemnification

You agree to indemnify, defend and hold harmless VIKIDO, its affiliates, officers, employees, consultants and agents, and their successors, from and against any and all third party liability, damages, or costs (including reasonable attorney fees) arising out of or in connection with the Site and the Service or your breach of any of your representations or obligations in this Agreement.

8. Term and Termination

VIKIDO may terminate this Agreement at any time by removing the Site, by deactivating your account, or by deactivating the connection details in your possession, in the event that it is required to do so by law or court order or in the event that it becomes aware that you have violated any of the terms of this Agreement.  You may also terminate this Agreement by requesting us to deactivate your account. Any provisions relating to indemnification, limitation of liability and disclaimers of any kind shall remain in full force and effect after termination of the Agreement.

Upon termination, all public content you have created on Vikido, or content which you have created and was shared by others using Vikido will remain public information unless you specifically request otherwise from support@vikido.com.

9. Changes to this Agreement

VIKIDO may change any of the terms of this Agreement at any time and for any reason.  Notice on material changes shall be posted on the Site. You are responsible to periodically check out the Site for any such notices. You agree that you continued use of the Site and the Service will constitute your acceptance of such changes. If you do not agree to such changes, you can always stop using the Site and the Service and request the removal of your account by sending an appropriate e-mail to support@VIKIDO.com .

10. Governing law and jurisdiction

The Site and Service are operated by VIKIDO. Ltd, a company incorporated under the laws of the Israel. By accessing the Site and by using the Service you agree that all matters relating to your access to, or use of, the Site and the Service shall be governed by Israeli law. You also agree to submit to the exclusive personal jurisdiction of the competent courts in Israel  with respect to such matters, to the extent of excluding the jurisdiction of any other court or tribunal.

11. Miscellaneous

This Agreement constitutes the entire agreement between you and Vikido  in connection with the Site and the Service. If any provision in this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall remain in full force and effect. Any failure by Vikido to enforce or exercise any provision hereunder shall not constitute a waiver of a right or provision. This Agreement cannot be amended or modified unless otherwise stated herein, or unless in a writing instrument executed by an executive of Vikido. You may not assign or otherwise transfer your rights this Agreement without Vikido’s prior written consent. Vikido may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to any third party whatsoever, without notice and without the need to receive your consent, in connection with the sale or transfer of substantially all of its assets.

12. Contact us

If you have any questions relating to this Agreement or need support of any kind in relation to the Site or the Service, you are welcome to contact us with any query at support@Vikido.com and we will do our best to answer you shortly (within no longer than 48 hours). You can also send us mails to: yami@vikido.com (Vikido’s CEO – Emanuel (Yami) Glick. Currently, support is given only to enquiries in English.

 

LAST UPDATED _SEPTEMBER  2011