Terms & Conditions

Last updated 12 November 2020

Please read the following terms and conditions (the “Terms and Conditions”) which govern your use of and access to our apps and website at https://www.avokiddo.com (“website”) and your relationship with Avokiddo.

 

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS, AND ANY MODIFICATIONS THEREOF, AS IN FORCE EVERY TIME YOU ACCESS THE WEBSITE. IF YOU DO NOT AGREE, DO NOT USE THE SITE

 

By continuing you acknowledge that you are at least 18 years of age or any older legal age required to form a contract in your jurisdiction.

 

IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST ASK FROM A PARENT OR LEGAL GUARDIAN TO READ AND ACCEPT THESE TERMS AND CONDITIONS ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THIS DOCUMENT.

 

General

By using the website, including any software and content contained therein, you agree that such use is entirely at your own risk. The website is provided to you as a convenience to provide general information about Avokiddo and its apps and services, but Avokiddo does not guarantee the accuracy, or completeness of such information.

 

Disclaimers of Warranties

THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVOKIDDO DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, CONSTANTLY AVAILABLE OR UNINTERRUPTED, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. 

 

ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AVOKIDDO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AVOKIDDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVOKIDDO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY AVOKIDDO SERVICES. 
YOU MAY USE THE WEBSITE AND ACCESS THE CONTENT OR SOFTWARE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO THE WEBSITE AND ANY CONTENT OR SOFTWARE.

 

The above disclaimer applies, to the maximum extent permitted by law, to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Avokiddo’s Intellectual Property

All text, graphics, software, applications, videos, animations, characters, user interfaces, visual interfaces, photographs, trademarks, logos, trade names, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the website is owned, controlled or licensed by or to Avokiddo, and is protected by trade laws, copyright, patent and trademark laws, and any other applicable laws.

 

Avokiddo (and our licensors) remain the sole owner of all right, title, and interest in such Content. Except as stated in these Terms and Conditions, Avokiddo does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Content.  Avokiddo reserves all rights not granted under these Terms and Conditions.

 

Your Avokiddo Account

You must be 13 or older to create an Avokiddo account. Anyone under the age of 18 must have approval of a parent or guardian.
Account Information: You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Avokiddo immediately if you become aware of any unauthorized use of your account. Your Avokiddo account is strictly authorized for (A) personal use (B) sharing with your family members. You may not share your account information, whether intentionally or unintentionally with any third-parties other than your family or use another person’s account.
Free Account Inactivity: You are responsible for keeping your account active, which means you must sign in periodically to avoid termination of your account. If you do not sign into your account periodically, Avokiddo reserves the right to assume your account is inactive, and you agree that Avokiddo may close it for you. Prior to closing your account for inactivity, Avokiddo will attempt to provide notice to you. For the avoidance of doubt, this section (Account Inactivity) does not apply to paid accounts in good standing. 

 

Subscriptions

Thinkrolls Play & Code is a subscription app/service. Non-subscribers can try a small portion of the app upon download. There are two (2) available subscription options: “Monthly Subscription” and “Annual Subscription”, which grant you access to all content for the selected period. There’s no commitment; you can cancel anytime, without cancellation fees. Check out Thinkrolls Play & Code on the App Store to find the up-to-date costs of the monthly and annual subscriptions.

• Thinkrolls Play & Code subscription is currently only available on iOS.
• Payment will be charged to your iTunes Account at confirmation of purchase.
• Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
• You can manage your subscription and turn off auto-renewal by going to your Account Settings after purchase.
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
• You can use your subscription on any device registered with your Apple ID.
• Share your subscription with family members by creating an Avokiddo account inside the app.
• You can cancel your subscription anytime without a cancellation fee through your Account Settings.

 

User Misconduct

You must not misuse the website or the Content. For example, you must not:
  1. Use the website or the Content without, or in violation of, these Terms and Conditions or a written license or agreement with Avokiddo; use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, data mining or similar data gathering and extraction methods, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Avokiddo reserves the right to ban any such activity;
  2. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or any other Content obtained through the website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; 
  3. Upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under copyright laws
  4. Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation any applicable export laws and regulations;
  5. Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or any other Content obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); 
  6. Restrict or inhibit any other user from using and enjoying the website; 
  7. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming or flooding; 
  8. Impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
  9. Post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful component
  10. Enable or allow others to use the website or the Content using your account information
  11. Create Avokiddo accounts for the purpose of violating these Terms and Conditions or for circumventing account termination or other types of actions taken by Avokiddo. 
Avokiddo has no obligation to monitor the website. You acknowledge and agree, however, that Avokiddo does retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. Avokiddo will not intentionally monitor or disclose any private electronic-mail message unless required by law. Avokiddo reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

 

Links from and to the website

You acknowledge and agree that Avokiddo and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by Avokiddo or its business affiliates or customers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Avokiddo does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Avokiddo is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources. 

 

Privacy

Avokiddo’s Privacy Policy applies to use of the Website, and its terms are made a part of these Terms and Conditions by this reference. For information about how Avokiddo collects, uses, shares, or otherwise processes information about you and your use of our website and apps, please see our privacy policy at https://www.avokiddo.com/privacy-policy/. Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

Payment processing

All payments are carried out by the payment provider chosen by the user e.g. iTunes, Google Play, Amazon etc. via their respective stores. Avokiddo does not collect, store or have access to any financial data.

 

Indemnity

You agree to indemnify and hold Avokiddo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Avokiddo by any third party due to or arising out of or in connection with your use of the website and the Content or your violation of the Terms and Conditions or the placement or transmission of any message, information, software or other materials through the website by you.

 

Limitation of Liability

Avokiddo is not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the website and the Content.
Our total liability in any matter arising out of or related to the Terms and Conditions is limited to the greater of (A) one euro (€1); or (B) the aggregate amount that you paid for access to the website and the Content during the one-month period preceding the event giving rise to the liability.
These limitations and exclusions in this section (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) Avokiddo knew or should have known about the possibility of damages.
These Terms and Conditions set forth the entire liability of Avokiddo and its affiliates as well as your exclusive remedy with respect to access and use of the website and the Content, apart from your right to stop using the Website or any Content.

 

Termination

Termination by You: You may stop using the Avokiddo website and your account. Termination of your account does not relieve you of any obligation to pay any outstanding fees, if applicable.
Termination by Avokiddo: Avokiddo may, at any time, terminate or suspend your right to use and access the website, the Content and your Avokiddo account if:
  1. You breach any provision of the Terms and Conditions (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms and Conditions);
  2. You fail to make the timely payment of any applicable fees;
  3. You physically, verbally, or through other means abuse, threaten, bully, or harass Avokiddo or its personnel (in such circumstances, Avokiddo may alternatively suspend or restrict your access to the website, the Content or your account);
  4. Avokiddo is required to do so by law (for example, where your access to the website, the Content or your account is, or becomes, unlawful);
  5. Avokiddo elects to discontinue the offering content and/or related its services, in whole or in part (such as if it becomes impractical for us to continue offering services in your region due to change of law); or
  6. There has been an extended period of inactivity in your free account. 

 

Miscellaneous

The Terms and Conditions and the relationship between you and Avokiddo shall be governed by the laws of Cyprus, without regard to its conflict of law provisions. By your use of and access to the website, you and Avokiddo each agree to submit to the personal and exclusive jurisdiction of the courts located at Lefkosia, Cyprus. The failure of Avokiddo to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is held invalid or unenforceable for any reason, the remainder of the Terms and Conditions will continue in full force and effect. You may not assign or otherwise transfer the Terms and Conditions or your rights and obligations under the Terms, in whole or in part, without Avokiddo’s written consent, and any such attempt will be void. Avokiddo may transfer all of its rights under the Terms and Conditions to a third party.