We are sensitive to the need to protect the privacy of children who use the Internet. All information collected from children under the age of thirteen (13) without that child’s Parent’s express authorization and without consent of the parent / Users of the Service will be deleted. If we become aware that information from a child under the age of thirteen (13) has been collected without their Parent’s consent, we will delete it from our files. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us as support@WEBSITE and we will take appropriate steps to remove such information from our files.
You will be given the opportunity to specifically consent and request to receive from TRACKIDZ and/or its third party service providers, by electronic delivery, (which includes but is not limited to email (“Electronic Communications”) promotion and marketing information and materials, documents, and any other communications which you may have requested from TRACKIDZ. Your consent is your specific agreement that Electronic Communications provided by TRACKIDZ are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep. By providing your consent, you acknowledge that, for your records, you are able to access and retain Electronic Communications and this Agreement by printing and/or downloading and saving each to a computer. You acknowledge and agree that you are under no obligation to consent to (i) receive Electronic Communications, or (ii) receive Electronic Communications as a condition of purchasing any property, goods or services from TRACKIDZ.
Your current valid email address or is required in order for you to receive Electronic Communications from TRACKIDZ. It is your responsibility to ensure the accuracy of your contact information, including, but not limited to, email address and cell phone number. You may request a paper version of an Electronic Communication or any agreement to which your electronic signature applies. You acknowledge that TRACKIDZ reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications or this Agreement. To request a paper copy of an Electronic Communication, please contact us at email@example.com
You have the right to withdraw your consent to receive Electronic Communications from TRACKIDZ. You acknowledge and agree that TRACKIDZ has the right to restrict or terminate your access to certain aspects of the Service if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, please contact us at firstname.lastname@example.org
TRACKIDZ routinely retains electronic messages and uses third party services to safeguard such, but TRACKIDZ cannot completely ensure the security and privacy of electronic messaging communications to and from TRACKIDZ. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential.
By using the Service you release TRACKIDZ from and agree that TRACKIDZ is not responsible for: (i) any disclosure of personal information made by your to a third party through your use of the Service; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.
You are expected to read these terms and conditions before using this Service in any matter. By using the Service, you’re agreeing to them. The terms and conditions may be amended at any time. Your access to and use of the Service is subject to the Company’s then-current policies relating to the Service. You are responsible for compliance with these terms and all other policies applicable to the access and use of the Service.
You must be 18 years or older to access or use the Service. If you are under 18, then you may not use or access the Service under any circumstances. If you are younger than 18, then you may access and use the Service only if you have your parents’ or guardians’ prior permission. By accessing or using the Service, you represent that you are at least 18 or that you have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child to access or use the Service, then you agree to accept full responsibility for that child’s use of and access to the Service under this Agreement. You may access and use the Service solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you are required to agree to before being given access to any specific areas of Service. The Company reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Service (or any portion thereof) with or without notice. Use of the Service has the same effect as manually signing this Agreement with TRACKIDZ and creates a valid and binding contract between you and TRACKIDZ. You must read all of the terms and conditions as set forth herein prior to accessing or using the Service. Your continued use of the Service constitutes a continuing acceptance of this Agreement as it may be revised from time to time in TRACKIDZ’s sole discretion and without notice to you. This Agreement will be accessible from the app and website, and it is your responsibility to check this Agreement each time before you use the Service for any revisions.
Users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
When you sign up for the Service, a personalized account will be created. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
The Service is the property of TRACKIDZ, its licensors, dealers, vendors and contractors. You are granted a non-exclusive, revocable, and non-transferable limited license to view and use the Service provided (a) it is used only for information, non-commercial purposes, and (b) you do not remove or obscure any copyright notice or other notices found within the Service. You do not have the right to sublicense your rights under this Agreement. Without the express written consent of TRACKIDZ, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Service; (ii) to reproduce any part of the Service or mirror any material contained within the Service on any other server or application; or (iii) to link to or from the Service.
TRACKIDZ reserves the right, at its sole discretion, to deny access to the Service or to take any other appropriate action if it believes that you or someone using your Service has violated an applicable law or this Agreement, or for any other reason.
As consideration for your right to access and use the Service, you agree that TRACKIDZ has the right to allow the Service to utilize the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access or use the Service for the purpose of facilitating the communication and transmission of content and other data or features to or from you and/or other users of the Service. As additional consideration, you also agree to release TRACKIDZ and indemnify TRACKIDZ from any claims, actions, demands, costs, damages, liabilities and settlements related in any way to TRACKIDZ’s utilization of the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access and use the Service.
The Service may contain general information related to TRACKIDZ is intended to provide parents the ability to control the screen time of their kids and it is also provides Parental Controls tool. The Service has two versions, one is installed on the child’s device and the other is installed on the Parent’s device. The child App is called TRACKIDZ and parents app is called TRACKIDZ Parental Control. The Web Tracking feature of TRACKIDZ is intended to provide parents with tracking of web usage; however, only google chrome is supported by the Service, and no other web browsers will be tracked. With regard to google chrome, as this is a third party browser the reliability of the browser is outside of the Company’s control may interfere with the complete accuracy of the tracking.
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to users of the Service. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
TRACKIDZ is a mark owned by CRESOLTECH, LLC and may not be used without the express written permission of TRACKIDZ. There are other trademarks, service marks, trade names and trade dress on the Service owned by TRACKIDZ. You may not use any TRACKIDZ trademarks, service marks, trade names or trade dress without the express written permission of TRACKIDZ.
TRACKIDZ may use trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Service. Such posting is done with the permission of these third parties, and such material is to be considered the exclusive property of the respective third parties.
All software and content included on the Service, including all text, graphics, logos and images, is owned by TRACKIDZ or third parties and is protected by United States and international copyright laws. You may view and use the content of the Service in connection with your use of the Service. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Service is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the Service. The posting of information or materials on the Service does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by an authorized representative of TRACKIDZ.
THE SERVICE IS PROVIDED BY TRACKIDZ ON AN “AS IS” “WHERE IS” AND “AS AVAILABLE” BASIS. USERS OF THE SERVICE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE. TRACKIDZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SERVICE, THAT THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACKIDZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OF PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. TRACKIDZ MAKES NO WARRANTIES THAT THE USE OF THE SERVICE OR SERVICES AVAILABLE ON THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS ON A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION, TRACKIDZ DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE FOUND ON THE SERVICE OR FEATURED IN ANY BANNER OR ADVERTISEMENT WITHIN THE SERVICE. CONSEQUENTLY, TRACKIDZ WILL NOT BE LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, SMARTPHONE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACKIDZ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, SMARTPHONE OR RELEVANT DEVICE; (E) ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE; OR (F) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRACKIDZ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you are dissatisfied with any portion of the Service or with any of these terms, your sole and exclusive remedy is to discontinue using the Service and any service or programs provided through the Service.
The negation of damages set forth above are fundamental elements of the basis of the bargain between you and TRACKIDZ. The Service would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from the Service or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
You expressly agree that exclusive jurisdiction of any dispute with TRACKIDZ, or in any way relating to your use of the Service, resides in the federal or state courts located in the county of Santa Clara, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving TRACKIDZ or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of California, without respect to its conflict of laws principles. By your use of the Service, you hereby irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this agreement or the transactions contemplated hereby (whether based on contract, tort or any other theory). By your use of the Service, you also hereby irrevocably waive, to the fullest extent permitted by applicable law, any right to commence or participate in any class action against TRACKIDZ for claims directly or indirectly arising out of or relating to this agreement or the transactions contemplated hereby (whether based on contract, tort or any other theory).
You may not assign your use of the Service. TRACKIDZ may assign this Agreement or any part of it to any third party, without reservation, and in TRACKIDZ’s sole discretion.
Your use of the Service may be inadvertently temporarily interrupted from time to time. TRACKIDZ hereby reserves the right at any time to temporarily or permanently modify or discontinue certain functions and/or features of the Service, or the Service in its entirety, without notice to you.