USER ACCOUNTS

‍The services made available require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KIDOZ immediately of any unauthorized use of your account or any other breach of security. KIDOZ will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by KIDOZ or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.

WEBSITE CONTENT

‍The content on the Website, except for all User Generated Content (defined below), including, but not limited to, music, games, videos, text, software, graphics, photos, sounds, interactive features and other content (“Website Content“) and the trademarks, service marks and logos contained therein, are owned by or licensed to KIDOZ, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Website Content is provided to you on an AS IS basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of KIDOZ or the respective owners. KIDOZ reserves all rights not expressly granted in and to the Website and the Website Content.

CONTENT / SUBMISSIONS TO THE SERVICES

‍On some parts of our Services or otherwise in connection with your use of the Services, you may be allowed to submit, post or link to content or applications or provide comments for others to see (collectively, referred to herein as “Content”). If you submit, post, link to or contribute Content, you guarantee, represent and warrant to us that:

CONDUCT OF USERS

‍We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:

If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system.We can terminate your access to the Services at any time. We may also remove any Content that you post without cause and without notice to you.

YOU UNDERSTAND THAT KIDOZ IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
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INTELLECTUAL PROPERTY

KIDOZ reserves all rights not expressly granted in the Agreement and disclaims the grant of any implied rights to you. The Services are owned by KIDOZ or its licensors, as applicable, and protected by applicable law, with all rights reserved. The entire content (images and text) of the Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of KIDOZ. Except for allowing you to use the Services for your personal use as set forth in these Terms, when you use the Services you are not receiving a license or any other rights from us, including intellectual property  or other proprietary rights of KIDOZ or its licensors. You understand that you have no rights to the Services or any other property of KIDOZ or its licensors except as expressly provided in these Terms.

ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT

You understand and agree that KIDOZ may (but is not obligated to) review and remove any content of any kind (whether Website Content, User Generated Content or Third Party Content) that under KIDOZ sole discretion violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Website (“Abusive Content“). In addition, each user of the Website may notify KIDOZ that it considers certain content (whether Website Content, User Generated Content or Third Party Content) to be Abusive Content and provide reasons supporting such notification. KIDOZ shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user’s ability to upload content in violation of these Terms of Use.KIDOZ takes the protection of intellectual property rights, including copyrights, very seriously. KIDOZ will terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to KIDOZ if they have a good-faith belief that their protected works are being infringed. KIDOZ will respond to all such notifications that are sent.If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:

THIRD PARTY WEBSITES AND CONTENT

KIDOZ complies with the Children’s Online Privacy Protection Act (COPPA) and makes every effort to choose third-party websites and content that is kid-friendly. KIDOZ is however, not responsible or liable for the material, information and content available on or by means of any third-party content, services, online products, websites and webpages (“Third Party Content“). KIDOZ is also not responsible for the privacy practices and cannot guarantee the COPPA compliance of third-party content including on websites, webpages, services or online products. By linking to a non-KIDOZ website, webpage, content, service, online product, etc., KIDOZ does not represent or imply that it endorses such website, webpage, content, service or online product. You are responsible for reviewing the privacy practices of all third-party content.KIDOZ disclaims any responsibility whatsoever for any harm resulting from your use of non-KIDOZ websites, webpages, content, services, online products, etc. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.Kidoz is using the YouTube Data API service in order to allow a filtered and safe use of YouTube’s content. By using the Kidoz OS solution you acknowledge and accept the YouTube API terms of service. Where possible, KIDOZ uses the latest version of the YouTube API. In cases where the API cannot be updated, please be aware that certain features might stop working.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION‍

Our Privacy Policy, located at: https://kidoz.net/privacy-policy explains our online information practices and how your information is collected and used.

WARRANTY DISCLAIMER‍

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDOZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. KIDOZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ITS SERVICES (OF ANY KIND) OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KIDOZ’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. KIDOZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KIDOZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY‍

IN NO EVENT SHALL KIDOZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KIDOZ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIDOZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNITY

You agree to defend, indemnify and hold harmless KIDOZ, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your potential postings or User Generated Content caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Services.

ABILITY TO ACCEPT TERMS OF USE‍

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

GOVERNING LAW & JURISDICTION‍

Your use of the Services and Product and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict-of-law provisions. You agree that any action brought against KIDOZ arising out of or relating to the Services or Product or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GENERAL

These Terms of Use, together with the Privacy Policy located at https://kidoz.net/privacy-policy and any other legal notices published by KIDOZ on the Website or Product shall constitute the entire agreement between you and KIDOZ concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KIDOZ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

KIDOZ WEBSITE AND SOFTWARE DEVELOPMENT KIT‍‍

[Last Updated: July 13, 2020]‍

KIDOZ Ltd. (together with its subsidiaries, affiliates, employees, officers and directors, as applicable – collectively “Company” “KIDOZ” or “we” or “us” or “our “) is a mobile-driven company that provides a kid-safe environment and family-friendly designated products and mobile technology, such as our SDK, mobile apps, games, etc. (“Products”).
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KIDOZ respects the privacy of its Users and Business Partners (both as defined below, and collectively “you”). We believe it is important for you to make informed decisions regarding the use of our Services based on your understanding of what information we collect while you use our Services, what we do with such information, how we process it, with whom we share it, as well as your rights and choices regarding your information held by us. For this purpose, we have established this privacy policy (“Privacy Policy”) which will further describe and detail our privacy practices while you use or otherwise interact with our following Products, in the event you are our Business Partner or a User (collectively “Services”):

• Our website available at: https://kidoz.net/ (“Website”) which is intended as a general audience website that enables visitors to learn more about our Products, and further applicable content and tools for our Business Partners, families and parents (as applicable).
• Our Software Developer Kit (“SDK”) implemented by our third-party mobile application developer partners (“Business Partners”) for the purpose of delivering children’s content-safe advertisements to users (“User(s)”) who download, use or otherwise interact with our Business Partner’s app (“App”).

‍For more details regarding the terms and conditions for use of the Website, please read our Terms of Use (“Terms of Use”), a current copy of which is available at https://kidoz.net/terms-of-use/. For more details regarding the terms and conditions for use of our SDK, please read our Publisher Terms of Service (“Publisher’s Terms”), a current copy of which is available at https://kidoz.net/sdk-terms-and-conditions/.

Note that, this Privacy Policy is an integral part of the Terms of Use and Publisher’s Terms (collectively the “Agreement")

Please note that, this Privacy Policy solely applies to our privacy practices related to our Products, and it does not apply to the practices of companies that KIDOZ does not own or control or to people it does not employ or manage, as well as to our Business Partner’s privacy practices. Thus, we encourage you to review each App’s privacy policy in order to be aware of our Business Partners’ data collection and use practices while using their Apps.

‍ACCEPTANCE OF THE TERMS: BY USING THE SERVICES INCLUDING BUSINESS PARTNERS’ APPS, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND TO THE COLLECTION AND USE OF CERTAIN INFORMATION, AS DESCRIBED IN THIS POLICY. ANY USE OR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR DOWNLOAD THE APP OR OTHERWISE USE THE SERVICES.

IF YOU ARE A PARENT OR LEGAL GUARDIAN (18 YEARS OF AGE OR OLDER) AND YOU PROVIDE YOUR CONSENT TO YOUR CHILDREN’S USE OF THE SERVICES, YOU CONSENT AND AGREE TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION ABOUT YOU AND YOUR CHILDREN AS DESCRIBED IN THIS PRIVACY POLICY.‍

CHILDREN'S INFORMATION‍‍

Kids Privacy Assured by PRIVO: COPPA Safe Harbor Certification

KIDOZ Ltd is a member of the PRIVO Kids Privacy Assured COPPA safe harbor certification program (“the Program”). The Program certification applies to the digital properties listed on the validation page that is viewable by clicking on the PRIVO Seal. PRIVO is an independent, third-party organization committed to safeguarding children’s personal information collected online. The PRIVO COPPA certification Seal posted on this page indicates KIDOZ Ltd. has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at +972-9-779-6366 or [email protected] . If you have further concerns after you have contacted us, you can contact PRIVO directly at [email protected]

TYPES OF INFORMATION WE COLLECT

Information we collect from visitors of our Website (Including Users and Business Partners)

Information we Collect from Users

Our SDK, which is integrated into a Business Partner’s App, is a piece of software that allows our Business Partners to provide Users with customized advertisements designated to children, both in terms of children’s safe content, as well as in terms of data collection. Meaning, we will not collect through our SDK any Personal Data without parental consent, except as permitted under applicable law and detailed below. In addition, we do NOT use any Personal Information collected for profiling (e.g., behavioral advertising) or cross device tracking. We solely serve contextual ads (e.g., if the User is interacting with a painting app, we will present advertisements related to painting). In case we need to collect any other Personal Information, which is not listed here, we will ensure parental consent is obtained before doing so, in the event required by applicable law.

‍If you are a User, we may collect the following information:

In addition to the above, we may offer blogs or other Public Forums (as defined in the “Terms of Service” governing the use of the Products) as well as other features in which a parent or other adult may provide us with Submissions (as defined in the Terms of Service), but we take measures, including live moderation, so that users cannot communicate Personal Information through these Public Forums. If you use a Public Forum on the Website, and disclose Personal Information that we do not detect, you should be aware that such information could be read, collected or used by other users. We are not responsible for any Personal Information you choose to submit in these Public Forums.We may use data in an aggregated, non-specific format for analytical purposes. Information is anonymous and aggregated and we will not link statistical information to any Personal Information. We may share such statistical information with our partners, without restriction. We also compile demographic data and usage-related information for a variety of uses in an aggregated or anonymized manner intended to remove or obscure any personal information which can identify any individual user.

HOW WE COLLECT INFORMATION

‍Depending on the nature of your interaction with the Services, KIDOZ may collect information as follows:

COOKIES‍

We may use software technologies such as unique identifiers or “cookies” to collect and store information related to your interactions with the Website. Cookies are small data files that are placed onto your device by our servers. We may use temporary session cookies, which are terminated when you close the current session, to store certain Personal Information provided by you for purposes of administering that session. We also may use persistent cookies, which remain saved on your device after the current session is closed, to store information to facilitate future sessions. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your device. Each browser is different, but generally users can remove cookies by following directions provided in the browser’s “help” file. Also, you are free to delete any existing cookies at any time. Please note that, if you reject cookies or disable cookies, some features of the Website may not function properly.

DISCLOSURE OF INFORMATION
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‍We do not disclose, share, sell, rent or otherwise distribute any of your Personal Information with or to any independent third parties unless as specified herein:

DATA RETENTION‍

We retain this collected information as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to opt-out. We may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.

HOW WE PROTECT INFORMATION‍

KIDOZ is committed to protecting your Personal Information. Thus, KIDOZ has implemented technical, physical and administrative security measures to protect the Personal Information submitted to and collected by us, both during transmission and once we receive it. In addition, KIDOZ limits access to your information on its servers, and it is password-protected as well as encrypted. The data collected by us is stored in the AWS data servers; for more information regarding the data security provided by AWS, please see: https://aws.amazon.com/security/. For additional information regarding KIDOZ’s security measures, please see: https://kidoz.net/security/. You should be aware, however, that there is no data that is transmitted over the Internet that can be guaranteed 100% secure in transmission or safe from theft or illegal capture.

YOUR RIGHTS, CHOICES AND CONTROL OF YOUR PERSONAL INFORMATION:

We provide you with the ability to exercise certain choices and controls in connection with our treatment of your Personal Information, depending on your relationship with us. If you wish to exercise any or all of the above rights, please contact us by email at: [email protected], or contact our Data Protection Officer at: [email protected], and let us know that you wish to exercise your right of access and specify what Personal Information you would like to receive. Where we are not able to provide you with the information which you have requested, we will endeavor to explain the reasoning for this. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. In addition, the process of locating and deleting the data may take up to one (1) month in accordance with applicable law. Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

BUSINESS PARTNERS DIRECT MARKETING

We may send our Business Partners an email or other messages about us or our Services. Our Business Partners can remove their Personal Information from our mailing list and stop receiving promotional communications from us by following the unsubscribe link located at the bottom of each communication or by emailing us at [email protected].  Please note that even if you unsubscribe, we reserve the right to send you service-related communications, including service announcements and administrative messages, relating either to your Publisher Account or to your transactions with the Services, without offering you the opportunity to opt out of receiving them unless you cancel your Publisher Account.

OPT-OUT‍

You may easily opt out of the data collection, sharing process and targeted advertising services related to our Service. Please note that even if you opt-out, you will still receive content and advertising from KIDOZ. Opting-out simply means that the advertisements you do receive from us may not be contextual or repetitive ads may be displayed

MOBILE OPT-OUT:

You may limit the disclosure of certain information by your mobile device to us and our Business Partners by adjusting the settings on your mobile device. You should review your device settings and instructions. Notwithstanding, we provide the following instructions solely for informational purposes (as they might be revised by the device supplier): For iOS mobile Devices, go to “Settings” from your Device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile Devices, go to “Google Settings” on your Device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.” Please read your device-specific information to learn how to opt-out:

WEBSITE OPT-OUT:‍

INDUSTRY STANDARDS‍

You may opt out of certain advertisers’ cookies and browser-enabled, interest-based advertising at the Network Advertising Initiative’s (“NAI”) website – NAI consumer opt-out and the Digital Advertising Alliance’s (“DAA”) website – DAA opt-out page.

BUSINESS OPT-OUT‍

Our Business Partners may also provide ways for you to opt out from or limit their collection of information from and about you. Please refer to the privacy policies for the Apps to learn more about the privacy practices of our Business Partners.If you have any additional complaints about your privacy rights, please initially contact the Data Protection Officer. Please note that you have the right at any time to contact your local data protection authority. You may also contact us at: [email protected] , or as detailed below, and we will be happy to assist you. Note that once you opt out, part of the Services provided by us might no longer be available and some features may not work if you revoke the data transfer.

THIRD PARTY SITES AND SERVICES‍

This Privacy Policy applies solely to the information collected by KIDOZ through the Services and does not apply to any other websites, applications or services. Portions of the Website or Services (including, without limitation, advertisements) may involve linking to or using websites or services belonging to third parties, such as various icons, shortcuts or other means of access. The Website and/or Services may also provide you with links to access the applications of third party vendors or companies. We have no control over third-party sites or services, including Business Partner’s Apps, and all use of third-party sites or services, including Business Partner’s Apps, is at your own risk. We cannot accept responsibility for the privacy practices of any such third parties or Business Partners. We are not responsible for content available by means of such sites, services or Apps. KIDOZ does not endorse any products or services offered by third parties or by our Business Partners and we urge you to exercise caution in using third-party sites, services or Apps and review their privacy practices.

CHANGES TO THIS PRIVACY POLICY‍

This policy may change from time to time and we will post the amended terms on the Website and notify you by email of substantial changes. Amended terms will take effect immediately for new users, and 10 days after they are posted for existing users. You should review the Privacy Policy periodically to remain informed of any changes. You agree to accept posting of a revised Privacy Policy as actual notice to you. Your continued use of the Services following any changes to this Privacy Policy have been posted as of the “Last Updated” date above (or, if applicable, notified) signifies your acceptance of those changes. If you do not agree to the revised Privacy Policy, please refrain from using our Services and contact us by sending an email to: [email protected].

COMMENTS AND QUESTIONS‍

DATA PROTECTION OFFICER‍

If you have any requests regarding the data collected under this Privacy Policy, including without limitation, requests to remove, delete, amend, modify or transfer the data, please contact our Data Protection Officer at: [email protected]
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Please be sure to include your information in any correspondence to us so that we can respond to your inquiry in a timely manner.

KIDOZ Applications

[Last Modified: November 11, 2020]

KIDOZ Ltd. (together with its subsidiaries, affiliates, employees, officers and directors, as applicable – collectively “Company” “KIDOZ” or “we” or “us” or “our “) is a mobile-driven company that provides a kid-safe environment and family-friendly designated products and mobile technology, such as KIDOZ Discover the Best application, an entertainment solution for kids that combines safety, engagement appropriate children’s content (“KID Mode App”) and other child friendly mobile applications (collectively “App(s)” and together with the features and services provided therein shall be defined as the “Services”).KIDOZ respects the privacy of its users (both parents and children, and collectively “you” or “user”). We believe it is important for you to make informed decisions regarding the use of our Services based on your understanding of what information we collect through the use of our Apps, what we do with such information, how we process it, with whom we share it, as well as your rights and choices regarding your information processed by us. For this purpose, we have drafted this privacy policy (“Privacy Policy”), which will further describe and detail our privacy practices while you use or otherwise interact with our Apps; but before that, we would like to explain the basis on which we process data:

• Where you sign up for any of our Services, we process personal data in order to perform our contract with you;
• If we have a legitimate interest in processing data, such as for direct marketing or online identifiers when you access our Website or interact with our Services, subject to applicable law provisions; or
• We will also process personal data where you have provided us with consent to do so.

Agreement”).
For more details regarding the terms and conditions for use of the Apps, please read our Terms of Use (“Terms of Use”), a current copy of which is available here. Note that this Privacy Policy is an integral part of the Terms of Use (collectively the “Agreement”).

CHILDREN'S INFORMATION‍

PARENT KIDOZ ACCOUNT

TYPES OF INFORMATION WE COLLECT‍

We may collect different categories of information from you, either Personal or Non-Personal Information (as defined below) depending on the nature of your interaction with the Services, all as detailed below.The first type of information is non-identifiable information that may be made available or gathered through your use of the Services; to clarify, we are not aware of your identity based on such information (“Non-Personal Information”). The Non-Personal Information that is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information such as: device brand, screen size, UDID, type of operating system, type of device, language preference, the time and date you access our Services, your actions within our Services (e.g., registration, pages viewed, etc.), the URLs from which you were directed to our Services, search queries within our Services, etc., and approximate geo-location (Country).
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). Personal Information includes information voluntarily provided by you as well as certain identifiers, such as Internet Protocol (“IP”) addresses, or mobile advertising identifiers – Google Advertising ID and Apple IDFA (“Identifiers”). Note that the Identifiers are considered “Personal Information” in many jurisdictions (such as the EEA, as well as under COPPA), thus, KIDOZ treats Identifiers as such and complies with applicable laws. With regards to our use of Identifiers and your ability to opt-out of such data collection, please see the table below (under Identifiers), as well the “mobile opt out” provision below.
You are not required by law to provide us with certain Personal Information. You can always refuse to provide certain Personal Information; however, you acknowledge that such refusal may prevent you from engaging in certain activities on the Website or Services.
In the event we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.
The table below details the information we collect, why we collect it and how we use it:

Should we need to collect additional Personal Information other than the Personal Information detailed above, we will send a parent an applicable request and obtain consent prior to collection, if required under applicable law.We may use data in an aggregated, non-specific format for analytical purposes. This information is anonymous and will not be linked to any Personal Information. We may share such statistical information with our partners, without restriction.

How We Collect Information

Depending on the nature of your interaction with the Services, KIDOZ may collect information as follows: (i) Automatically – KIDOZ collects information automatically transmitted from the device; (ii) Provided by you voluntarily – meaning, if and when you choose to provide us with information such as through a registration process, newsletter registration, contact us communications, etc.

COOKIES AND KIDOZ SOFTWARE DEVELOPER KIT‍

• Google Analytics: The Google Analytics cookie is placed to track and analyze the use of our Services, for internal analytic purposes. To learn more about how Google uses data from our use of Google Analytics Cookies, we recommend that you review Google’s policies located at: google.com/policies/privacy/partners. We also encourage you to review Google Analytics currently available opt-outs for the web tool available at:  https://tools.google.com/dlpage/gaoptout and, https://adssettings.google.com/
  authenticated.
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• Hubspot: The Hubspot privacy policy can be found at: https://legal.hubspot.com/privacy-policy. We use Hubspot technology to provide and perform our direct marketing services.
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• Mailchimp: The Mailchimp privacy policy can be found at: https://mailchimp.com/legal/privacy. We use Mailchimp technology to provide and perform our direct marketing services.
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• MailMunch: The MailMunch privacy policy can be found at: https://legal.mailmunch.com/privacy. We may use MailMunch plug-in technology to provide and perform our direct marketing services.
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DISCLOSURE OF INFORMATION‍

We do not disclose, share, sell, rent or otherwise distribute any of your or your child’s Personal Information with or to any independent third parties unless as specified herein:

• Authorized Disclosures – we may disclose Personal Information to third parties when you consent to a particular disclosure. Please note that once we share your information with another third party, that information becomes subject to the other third party’s privacy practices.
• Business Transfers – we may transfer our databases containing Personal Information if we sell our business or any part of it. In that event, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy.
• Law Enforcement related disclosure – we may be required to share information (including Personal Information) collected if the information is required by law to prevent, investigate, or take action regarding illegal activities, situations involving potential threats to physical safety, rights, property or of any person, suspected fraud and violations of our terms and agreements and in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights.
• Business Partners, Service Providers, Affiliates, and Subcontractors – we may disclose information (including Personal Information) to our trusted affiliates, personnel, licensors, contractors, service providers, subcontractors and business partners who may use such information to help us provide you with the Services. For example, we will share the email addresses of users who have registered to our Newsletter, in order to provide them with direct marketing services. We authorize these third-party service providers to use Personal Information only for the purpose of providing the specific services.
• Identifiers – we may share Identifiers for the purpose of operating our business and providing the Services, meaning to serve the advertisements through our SDK, as well as to detect fraud, security or technical issues in connection with the Services.

DATA RETENTION‍

We retain this collected information as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until individuals express a preference to opt-out or delete their Personal Information. We may, at our sole discretion, delete or amend information from our systems, without notice, once we deem it is no longer needed for such purposes.

HOW WE PROTECT INFORMATION‍

KIDOZ is committed to protecting your and your child’s Personal Information. Thus, KIDOZ has implemented technical, physical and administrative security measures to protect the Personal Information submitted to and collected by us, both during transmission and once we receive it. In addition, KIDOZ limits access to the information on its servers, and it is password-protected as well as encrypted. The data collected by us is stored in the AWS data servers; for more information regarding the data security provided by AWS, please see: https://aws.amazon.com/security/. For additional information regarding KIDOZ’s security measures, please see: https://kidoz.net/security/. You should be aware, however, that there is no data that is transmitted over the Internet that can be guaranteed 100% secure in transmission or safe from theft or illegal capture.

YOUR RIGHTS, CHOICES AND CONTROL OF YOUR PERSONAL INFORMATION:

Our users have a right to know what information we hold about them and their child and, in some cases, to have such information communicated to them. Our users may also ask for our confirmation as to whether or not we process their or their child’s Personal Information. Subject to the limitations in applicable law, users may also be entitled to obtain from us the Personal Information they have provided to us in a structured, commonly-used, and machine-readable format, and may have the right to transmit such Personal Information to another party. The principal rights under applicable data protection laws in relation to Personal Information are as follows:

• the right to access any information which is provided by the user;
• the right to rectification;
• the right to erasure;
• the right to restrict processing;
• the right to object to processing;
• the right to data portability;
• the right to complain to a supervisory authority; and
• the right to withdraw consent (to the extent applicable).

We provide our users with the ability to exercise certain choices and controls in connection with our treatment of their Personal Information, depending on their relationship with us. If you wish to exercise any or all of the above rights, please contact us by email at: [email protected], or contact our Data Protection Officer at: [email protected], and let us know that you wish to exercise your right of access and specify what Personal Information you would like to receive or delete (including if you wish to delete the Account). Where we are not able to provide you with the information you have requested, we will endeavor to explain the reasoning for this. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. In addition, the process of locating and deleting the data may take up to one (1) month in accordance with applicable law. Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

UNSUBSCRIBE FROM DIRECT MARKETING

You may revoke permission to receive promotional messages at any time by contacting customer support at [email protected] or by following the unsubscribe link located at the bottom of each communication. Please note that even if you unsubscribe, we reserve the right to send you service-related communications, announcements and administrative messages.

OPT-OUT‍

You may easily opt out of certain automatic data collection, sharing processes and targeted advertising services related to our Service. Please note that even if you opt-out, you will still receive content and advertising. Opting-out simply means that the advertisements you do receive may not be contextual.

MOBILE OPT-OUT:‍

You may limit the disclosure of certain information collected from your mobile device by adjusting the settings on your mobile device. You should review your device settings and instructions. Notwithstanding, we provide the following instructions solely for informational purposes (as they might be revised by the device supplier): For iOS mobile devices, go to “Settings” from your device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile devices, go to “Google Settings” on your device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.” Please read your device-specific information to learn how to opt-out:

WEBSITE OPT-OUT:‍

You may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser.
Please refer to the support page of the browser you are using. In this regard, following are some links that you may find useful:

• Google Chrome
• FireFox
• Internet Explorer
• Safari
• Edge
• Opera

INDUSTRY STANDARDS‍

THIRD-PARTY SITES AND SERVICES‍

This Privacy Policy applies solely to the information collected by KIDOZ through the Services and does not apply to any other websites, applications or services. Portions of the Services (including, without limitation, advertisements) may involve linking to or using Third-Party Services such as various icons, shortcuts, applications or other means of access. Though we make best efforts to review such Services and ensure their suitability for children, we have no control over Third-Party Services and all use of such services is at your own risk. We cannot accept responsibility for the privacy practices of any such Third-Party Services and we are not responsible for content made available by them. KIDOZ does not endorse any Third-Party Services and we urge you to exercise caution in using them and to review their privacy practices. Kidoz is using the YouTube Data API service in order to allow a filtered and safe use of YouTube’s content. By using the Kidoz OS solution you acknowledge and accept the YouTube API terms of service. Please also refer to Google’s Privacy Policy.

CHANGES TO THIS PRIVACY POLICY‍

‍This policy may change from time to time and we will post the amended terms and notify you by email in the event of substantial changes. Amended terms will take effect immediately for new users, and 10 days after they are posted for existing users. You should review the Privacy Policy periodically to remain informed of any changes. You agree to accept posting of a revised Privacy Policy as actual notice to you. Your continued use of the Services following any changes to this Privacy Policy have been posted as of the “Last Updated” date above (or, if applicable, notified) signifies your acceptance of those changes. If you do not agree to the revised Privacy Policy, please refrain from using our Services and contact us by sending an email to: [email protected]

Comments and Questions‍

DATA PROTECTION OFFICER

If you have any requests regarding the data collected under this Privacy Policy, including without limitation, requests to remove, delete, amend, modify or transfer the data, please contact our Data Protection Officer at: [email protected].Please be sure to include your information in any correspondence to us so that we can respond to your inquiry in a timely manner.

SYSTEM ACCESS CONTROL

Access to corporate systems is restricted and is based on procedures to ensure appropriate approvals are provided solely if needed. In addition, remote access and wireless computing capabilities are restricted and require that both user and system safeguards. The systems are also protected and solely authorized employees may access the systems by using a designated password and user name protections.

PHYSICAL ACCESS CONTROL

The Company secures any physical access to its offices and server centers. The Company secures access to its offices and ensures that solely authorized persons have access such as employees and visitors. The offices are protected by an alarm system and the servers are located in a protected facilities in which the physical access is controlled by professional security staff. We work with Amazon, as its main storage processor, therefore if you need more information we recommend to review Amazon Security policy as well available

here

When the Personal Data is transferred to the applicable servers it is always done in a secure and encrypted manner. Further, the Company has entered in to applicable and binding processing agreements with each service provider.

DATA ACCESS CONTROL‍

The access to the Personal Data is restricted to solely the employees that “need to know” and is protected by passwords and user names. Access to the Personal Data is secured and is highly managed by access control policies. The Company uses high level security measures to ensure that the Personal Data will not be accessed, modified, copied, used, transferred or deleted without specific authorization. The Company audits any and all access to the database and any authorized access is immediately reported and handled. Each employee is able to perform actions solely according to the permissions determined by the Company. Each access is logged and monitored, and any unauthorized access is automatically reported. Further, the Company has ongoing review of which employees’ have authorizations, to assess whether access is still required. Company revokes access immediately upon termination of employment. Authorized individuals can solely access Personal Data that is established in their individual profiles.

TRANSFER CONTROL‍

The goal of transfer control is to ensure that Personal Data cannot be read, copied, modified or removed by unauthorized parties during the electronic transmission of these data or during their transport or storage in the applicable data center. Thus, any access to the Personal Data from beyond the Company network is solely possible by means of a secured VPN access. Further, any and all transfers of the data (either between the servers, from client side to server side and between Company’s designated partners) is secured (HTTPS) and encrypted.

DATA RETENTION

Personal Data and raw data are all deleted as soon as possible or legally applicable.

JOB CONTROL

Employees, partners and applicable processors are all signed on binding agreements all of which include applicable data provisions and data security obligations. As part of the employment process, employees undergo a screening and are provided with access to the database solely upon training to ensure he or she are well educated and responsible to handle the Personal Data. Employees are bound to comply with this Security Policy in addition to internal security policies and procedures and breaking or not complying with such shall result in disciplinary actions. To ensure the employees stay educated and up to date with applicable policies and legislation the Company hold annual compliance training which include data security education.

AVAILABILITY CONTROL

The Company’s servers include an automated backup procedure. The Company has a backup concept which includes automated daily backups. Periodical checks are preformed to determine that the backup have occurred.

1. Definitions

Developer / Publisher – An app Publisher registered to the Services pursuant to the terms of this Agreement.KIDOZ – KIDOZ Inc. and any of its assignees and successors.Online Services – Facilitating End Users to view content promotions and ads through their mobile devices.Website – KIDOZ website at www.kidoz.net.End User – A person or entity that has downloaded an Application from an application store.Application – an application developed by Publisher.Online Services App – an App that includes KIDOZ SDK or Tags provided by KIDOZ.SDK/KIDOZ SDK – a software development kit provided by KIDOZ to Publisher pursuant to the terms of this Agreement, as may be updated by KIDOZ from time to time in its sole discretion.

2. Description of Online Services.‍

KIDOZ will serve to advertisements and promotions provided by third-party advertisers (“Online Services Ad(s)”), for display on the app(s) using the Online Services (“Online Services App(s)”), based upon the criteria selected by You via KIDOZ Online Services protocol and/or user interface (“Online Services Interface”). The Online Services Interface may be updated by KIDOZ from time to time without notice to you.

3. Implementation of Online Services.‍

You will implement the Online Services in a manner that complies with the technical and implementation requirements provided on the Site or in writing by KIDOZ to you, including those instructions contained in the documentation regarding the Online Services Interface. Without limiting the foregoing, you acknowledge and agree to the following:

3.1. KIDOZ will have no obligation to process

a request for Online Services Ads that are not sent in compliance with the requirements of this Agreement. While KIDOZ does not intend, and does not undertake, to monitor the Online Services Ads and/or Online Services Data, if KIDOZ is notified by You or otherwise becomes aware and determines in its sole discretion that the Online Services Ads and/or Online Services Data or any portion of the Online Services Ads and/or Online Services Data or Your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features: (i) violates the intellectual property rights or any other rights of any third party; (ii) violates any applicable law or is subject to an injunction; (iii) is pornographic, obscene or otherwise violates this Agreement; (iv) is being distributed by You improperly; or (v) may create liability for KIDOZ, KIDOZ may reject, remove, withdraw from, not display or cease displaying that Online Services Ad and/or Online Services Data from the Online Services entirely with no liability to KIDOZ. You have and will continue to abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection and use of information from end users of Online Services App(s). You must post a privacy policy in each Online Services App and such policy must provide notice of Your use of a cookie or other mechanism for a third party to collect end user traffic diagnostics.

3.2. Prohibited Actions.

You will not, and will not allow any third party to: (a) directly or indirectly access, launch and/or activate the Online Services through or from, or otherwise incorporate the Online Services in, any software application, website or other means other than the Online Services App(s), and then only to the extent expressly permitted herein; (b) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co- branding, timesharing, service bureau or other unauthorized purposes the Online Services or access thereto (including, but not limited to ads, including without limitation Online Services Ads, or any part, copy or derivative thereof); (c) directly or indirectly generate queries, or impressions of or clicks on ads, including without limitation Online Services Ads, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro Online Services, and Internet agents); (d) encourage or require end users or any other persons, either with or without their knowledge, to click on ads, including without limitation Online Services Ads, through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent; (e) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Online Services, KIDOZ then current protocol for accessing and implementing the Online Services (the “KIDOZ Protocol”), or any other KIDOZ technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (f) remove, deface, obscure, or alter KIDOZ copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Online Services, the KIDOZ Protocol, or any other KIDOZ technology, software, materials and documentation; (g) create or attempt to create a substitute or similar service or product through use of or access to any of the Online Services or proprietary information related thereto; or (h) utilize any feature or functionality of the Online Services, or include anything in Online Services Data or Online Services Ads, that could be so utilized, to personally identify and/or personally track individual end users or any other persons.

3.3. Online Services are to be used only for

serving advertisements and promotions to Online Services Apps. You may not use the Online Services with Online Services Apps that: (i) promote or depict illegal activity or violence; (ii) advocate against a particular group; (iii) infringe a third party’s rights; (iv) introduce viruses, spyware, and malware; (v) contain sexually explicit content; (vi) depict illicit drugs and drug paraphernalia; (vii) promote online casinos and gambling; (viii) promote weapons or ammunition; (ix) promote hard alcohol; (x) could harm minors in any way; or (xi) contain any content that is illegal, promotes illegal activity, or provides information that is misleading, inaccurate, or infringes on the legal rights of others.

4. No Endorsement.

KIDOZ does not represent or endorse any ads, links, content, advice, opinion, offer, proposal, statement, data or other information from any third party products/services (“Disclaimed Content”) that is displayed or distributed through Online Services. KIDOZ hereby disclaims any liability or responsibility for any Disclaimed Content. KIDOZ reserves the right, but will have no responsibility, to edit, modify, refuse to post or remove any Disclaimed Content, in whole or in part, that KIDOZ, in its sole and absolute discretion, deems is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Agreement.

4.1 Online Services Term.

This Agreement will be effective as of the date KIDOZ activates Your Online Services account and will continue until terminated, as provided in this Agreement (the “Online Services Term”). You may terminate this Agreement, with or without cause, at any time by sending written notice to [email protected] of your desire to cancel your participation in the Online Services. This Agreement will be deemed terminated within ten (10) business days of KIDOZ receipt of your notice. If you violate this Agreement, KIDOZ may in its sole discretion, without notice, terminate this Agreement, or suspend or terminate the participation of Your Online Services App in all or part of the Online Services. In addition, KIDOZ may terminate this Agreement, or suspend or terminate the participation of Your Online Services App in all or part of the Online Services, with or without cause, upon thirty (30) days’ prior notice.

5. Data and Reporting Measures

KIDOZ shall grant you exclusive access to your dashboard, which contains the following data:

• Impressions
• Clicks
• CTR
• eCPM
• Revenues

KIDOZ may, but is not obligated to, display other data beyond the above, and for periods longer than 6 months back.KIDOZ books and records shall constitute final evidence regarding downloads and impressions of the Online Services counted by KIDOZ for the purpose of calculating the consideration due to Publisher hereunder.‍

Account and Dashboard.

6. The account opened for you by KIDOZ:

• Is for your personal use only
• Cannot be transferred
• Will be used occasionally to provide you with news, updates of terms and policies and general communication between you and KIDOZ.

Keeping account credentials private is your sole responsibility.From time to time, KIDOZ may require your consent to new terms. Complying and approving those terms may be a condition for continued use of the Online Services. Failing to approve mandatory changes/updates may result in termination of the agreement.

‍7. License to Online Services Interface.

KIDOZ grants you a limited, revocable, non-transferable, non-exclusive and non-sub licensable license during the Online Services Term to use the Online Services Interface solely for the purpose of transmitting Online Services Requests and other required information and receiving Online Services Results Sets solely to the extent permitted hereunder. Except to the limited extent expressly provided in this Agreement, KIDOZ does not grant, and you will not acquire, any right, title or interest (including, without limitation, any implied license) in or to any KIDOZ intellectual property rights; and all rights not expressly granted herein are reserved to KIDOZ.

8.Data Use.

KIDOZ may retain and use data and other information, subject to the terms of its Privacy Policy.

‍9. Confidentiality; Publicity.

Each party agrees not to disclose the other party’s Confidential Information without the other party’s prior written consent. “Confidential Information” includes without limitation: (a) all software, technology, programming, specifications, materials, guidelines and documentation relating to the Online Services, including the existence and content of this Agreement and any information provided pursuant to the Agreement; (b) any statistics relating to the performance of the Online Services; (c) any other information designated in writing by either party as “Confidential” or an equivalent designation; and (d) information disclosed under circumstances that a reasonable person should know such information is confidential/proprietary. Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been (i) independently developed without access to the disclosing party’s Confidential Information as evidenced in writing; (ii) rightfully received by the receiving party from a third party; or (iii) required to be disclosed by law or by a governmental authority. Neither party will use the other party’s name and logo in any news release, public announcement, advertisement, or other form of publicity without the prior written consent of the other party (which includes email), except that either party may use the other party’s name and logo on such party’s website and in publicity that announces the parties are working together. In addition, KIDOZ may use any content used with the Online Services in any form of publicity.

10. Advertisements and Content Availability.

KIDOZ has the sole discretion in deciding what content and advertisements are sent to be displayed in your apps. You may, when terms allow and capabilities are available, customize your content and advertisement preferences through your account. KIDOZ cannot guarantee the availability of content and advertisements regardless of whether you have customized your preferences or not, and shall not be liable or responsible in those cases.You understand and accept that when no advertisements are available, KIDOZ shall do its best to produce other content recommendations, including items that do not provide monetization

‍11. Disclaimer.

KIDOZ does not represent or warrant that the Online Services is reliable, accurate, complete, or otherwise free from defects. Accordingly, the Online Services is made available for use “as is”, and any use thereof will be undertaken solely at your own risk. KIDOZ reserves the right, in its sole discretion, to include or cease providing the Online Services at any time (subject to notice as may be required herein), and KIDOZ does not give or enter into any conditions, warranties or other terms with regard to the Online Services. In particular, no condition, warranty or other term is given or entered into to the effect that the Online Services will be of satisfactory quality, no infringement or that the Online Services will be fit for any particular purpose.

12. Limitation of Liability.

NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE ONLINE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY. In any event, KIDOZ total cumulative liability to You for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed the net amount paid by You to KIDOZ in the six month period immediately preceding the date of the claim.

‍13. Representations and Warranties.

You represent and warrant that: (i) You have and will maintain throughout the Online Services Term all end user consents and all rights, authorizations and licenses (including without limitation any copyright, trademark, patent, publicity or other rights) that are required with respect to Online Services Ads or Online Services Data to permit KIDOZ to perform the Services contemplated under this Agreement (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Online Services Ads or Online Services Data); (ii) You will not advertise anything illegal or engage in any illegal or fraudulent business practice; (iii) all of the information provided by You to KIDOZ to enroll in the Online Services is correct and current; (iv) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (v) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. KIDOZ represents and warrants that: (i) it has the power and authority to grant the rights and perform the obligations to which it commits herein; and (ii) its Online Services Interface will not knowingly violate the intellectual property rights of any third party.

‍14. Indemnification.

You agree to defend, hold harmless and indemnify KIDOZ and its affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “KIDOZ Indemnitees”) from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) relating to or arising out of or from (a) your use or inability to use the Online Services; (b) your violation of any terms of this Agreement; or (c) your violation of any applicable laws, rules or regulations.

‍15. Compliance with COPPA for Publishers.

Although KIDOZ invests great effort in certifying its Online Services as COPPA compliant, and will do its best to update all partners in case of a change in this status, it is your sole responsibility to assure your Apps are certified COPPA compliant prior to and post integration with the Online Services, if you wish to maintain a valid COPPA certification.Integration with our Online Services does not make your App COPPA compliant.

‍16. Accepted Applications.

KIDOZ reserves the exclusive right to deny a publisher or any content from using or appearing on its service, to remove it from its network and to delete its account without providing any cause, if deemed as inappropriate or in violation of any parts of this agreement.

17. Any information sent from the Online Services or

KIDOZ to you, such as Google Advertiser ID, personal user information or other, shall remain at your sole discretion and may not be shared with third parties unless used for the sole purpose of Analytics and cannot be accessed by the third party.

18. Additional Compliance.

Our Terms of Use and Privacy Policy do not apply between you and your users. It is your responsibility to decide how to update your users with any changes in your App, resulting from the integration of KIDOZ SDK.
It is your sole responsibility to comply with other programs, institutions, legal bodies or companies’ policies and terms, including but not limited to Google developers terms, publisher terms, Family program, YouTube terms and others

19. Usage of the Online Services.

• You are obligated to use the Online Services as instructed in the appropriate sources.
• You must provide the user with sufficient value in the app beyond the content our Online Services provide.
• You cannot display an overlay on the Online Services tools, content and creatives.
• You cannot change, modify, edit, add, or remove any of the Online Services tools, content and creative.

20. Miscellaneous.‍

This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to the conflicts of laws and provisions thereof. Any claims, legal proceeding or litigation arising in connection with this Agreement will be brought solely in Tel Aviv County, Israel, and you consent to the jurisdiction of such courts. Neither party’s waiver of any default is a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the party’s intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights hereunder and any such attempt is void (except to your successor in the event of your merger, acquisition or sale of all or substantially all of your assets). You and KIDOZ are not legal partners or agents, but are independent contractors. Notwithstanding termination of this Agreement, the terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder, shall survive and continue in effect.

21. Contact

If you have questions or wish to send us comments about these terms, please send an email with your questions or comments to: [email protected]. Please be assured that any personal information that you provide in communications to the above address will not be used to send you promotional materials, unless you so request.