Kiddify

Usage terms


Applicable scope for usage terms

  1. These usage terms apply to the use of the online pages published by Kiddify GmbH, Rosenthaler Straße 40/41, 10178 Berlin (hereinafter "Kiddify"), downloadable at www.kiddify.com (hereinafter "Portal").

  1. KIDDIFY is a peer-to-peer platform for children and youths to share their knowledge and talent with children throughout the world (hereinafter "Users") by sharing their own videos with others.

  1. The currently valid usage terms can be downloaded and printed at www.kiddify.com/nutzungsbedingungen.


Contract conclusion

  1. A usage agreement is concluded with Kiddify by completing the online registration process and creating a personal profile.

  1. The purpose of the usage agreement is the free usage of the Portal to upload videos (so-called Tutorials), and to make these accessible to other users, and to watch and rate videos from other users. Costs can be incurred when additional features are added.

  1. German is the exclusive contractual language.


Registration/agreement by the legal guardian

  1. A user profile must be created to use all functions of the Portal. This profile consists of a user name and a password ("Log-in information") Use of the Portal is only permitted for children between the ages of eight and 18 who have the agreement of a legal guardian. Adults are not admitted. The only exception is the mentors approved by Kiddify. Mentors as defined by these usage terms are youth or adult users who have had their identity and appropriate qualifications verified by Kiddify, and who were approved by Kiddify as mentors for the platform.

  1. In order to create a user account, the user must enter a valid e-mail address of a legal guardian. This e-mail address is also used for communicating with Kiddify. 

  1. An e-mail is sent to the e-mail address entered by the user. The e-mail informs the legal guardian about the Portal, Kiddify and the pending registration process, and also requests agreement for use of the Portal by the user. When the legal guardian clicks on the link indicated in the e-mail, he can review and edit the data entered during the registration process before giving his approval by clicking the "Approve" button. 

  1. The user account is deleted if the legal guardian does not provide his agreement within 14 days. Access is then no longer possible.

  1. At any time after granting their agreement, legal guardians of minor users can request that Kiddify delete or change the data stored about their child. This requires a written request addressed to Kiddify GmbH, Rosenthaler Straße 40/41, 10178 Berlin, which must include the copies of the personal documentation of the minor and the legal guardian.

  1. A user can only create one user account.

  1. Kiddify reserves the right to deny registration to individual users without giving a reason.   

 

Consumer recall right

Right of revocation (instruction)

You can revoke your contractual declaration in written form (e.g. letter, fax, e-mail) within 14 days without providing a reason. The period begins after receipt of this notice in written form, but not before our informational duties have been fulfilled pursuant to Article 246 Section 2 in combination with Section 1 para. 1 and 2 EGBGB [Law to introduce the German Civil Code] and our duties pursuant to Section 312g para. 1 S.1 BGB [German Civil Code] in combination with Article 246 Section 3 EGBGB [Law to introduce the German Civil Code]. The right of revocation is preserved by sending the revocation within the deadline. The revocation must be sent to:

Kiddify GmbH

Rosenthaler Straße 40/41

10178 Berlin

Fax: +49 30 3364 3433

Email: members@kiddify.com

 

Consequences of the revocation

In the event of a valid revocation, the payments/services received by both parties must be surrendered and any usage (e.g. interest) must be returned. If you are not able, or only partially able to return services and usages (e.g. usage advantages) received from us, or only able to return said services and usages in a degraded state, you are required to pay appropriate compensation. This can have the effect that you will nevertheless be required to meet the contractual payment obligations for the period until the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you upon sending your declaration of revocation, and for us upon its receipt.

End of the right of revocation (instruction)

Important notes:

You expressly agree that we begin rendering services before the end of the revocation deadline.

You are required to pay the agreed fees for services rendered by us to you during the period until the revocation. 

 

Use of the Portal 

  1. The user can watch the complete videos from other users and publish his own content in the form of videos, texts, or links within the Portal only after having registered in the Portal.

  1. The user only has access to restricted services on the platform while the agreement of the legal guardian pursuant to Section 3 para. 3 of these usage terms is not available. In particular, the user is unable to upload videos and other content to the platform during this time.

  1. Kiddify reserves the right to make uploading of videos conditional on the agreement of a legal guardian.

  1. Kiffidy is entitled at all times to block access to individual content, e.g. when it is suspected that said content is in violation of applicable laws or third party rights.

  1. Kiddify endeavors to achieve malfunction-free operation of the Portal. This is naturally limited to services that Kiddify can influence.

  1. Kiddify is entitled to wholly or partially, temporarily or permanently restrict access to the Portal due to maintenance work, capacity considerations, and due to other events outside of its sphere of influence. 

  1. The user has no claim to unrestricted access or maintenance of specific Portal functionality. Kiddify is free to temporarily restrict and/or block access to individual users if they violate Sections 6 and 7 of these usage terms or are suspected of having done so.

 

User's duties to cooperate: uploading content

  1. The user is solely responsible for the information and content (e.g. text, images or videos) provided by the user to the Portal. The user is obligated to obey applicable laws (e.g. criminal code, youth protection code), and to refrain from violating third party rights (e.g. copyrights and other industrial property rights, or name and other personal rights). A breach of copyrights can for instance occur when the user uploads images or videos to the Portal that he did not prepare himself, and the party who prepared the images or videos is not in agreement with uploading said images or videos to the Portal. Personal rights of third parties can for instance be violated when the user uploads texts, images, or videos that are insulting or hurtful to the other person. When uploading photographs or videos that show other persons, personal rights can already be violated when the person shown in the photograph or video is not in agreement with uploading the photograph or video to the Portal.

  1. This user warrants to Kiddify that any content uploaded to the Portal does not violate applicable law or moral standards based on either their content or their form. The same applies to inserting external links. In particular, distributing content that represents, relates to, or contains

    • specific medical diagnoses, advice or treatment;
    • instructions for building weapons, bombs, or other dangerous devices or compounds;
    • racism;
    • glorification of violence and extremism of any kind;
    • incitement of illegal acts and violations of law, threats of physical violence, death threats, or property damage;
    • incitement against persons or companies;
    • statements in violation of personal rights, slander, attacks on integrity and defamation of users and third parties, including violations of the unfair competition act;
    • content that violates copyrights or other violation of intangible property rights;
    • sexual harassment of users and third parties;
    • pornography;
    • insulting, sexist, obscene, vulgar, repugnant or disgusting materials or forms of expression;
    • religious proselytizing 
              are specifically prohibited.

  

  1. Furthermore, the user is prohibited from uploading content that facilitates easy inference of his own or other persons’ identities, or his own or their places of residence. In particular, the user agrees to refrain from uploading or naming in his videos names, addresses, or other contact information, such as telephone numbers, e-mail addresses, Skype, facebook, or other social media addresses.

 

User's other duties to cooperate

  1. Without the express consent from Kiddify, the user is only authorized to use the Portal for private purposes, and may not advertise on his own behalf or on behalf of others. Specifically, this means that the user is not permitted to embed advertising messages, brands or logos into the videos.

  1. If the user wishes to use the option to inform others about the existence of the Portal using the recommendation function provided by the operator, the user must ensure that the other party is in agreement with transmitting the advertising recommendation e-mail. 

  1. The user is required to treat the log-in information with care to prevent use by others, with the exception of the legal guardian.

  1. The user is required to refrain from any activity that is suited to impair and/or excessively burden Portal operation or the underlying technical infrastructure. This specifically includes:

  • the use of software, scripts, or databases in combination with the use of the Portal;

  • blocking, overwriting, modifying, copying data and/or other content, to the extent that this is not required for the proper use of the Portal.

  1. If malfunctions occur while using the Portal or its functions, the user agrees to immediately inform Kiddify about this malfunction.

 

Usage rights

  1. The user grants Kiddify a non-exclusive, royalty-free usage right to the uploaded content that is unrestricted by geography, time, and content, and is irrevocably transferable to others. Kiddify is at all times entitled to use, process, and commercialize the uploaded content. This specifically includes the right to make copies, the right to distribute, and the right for reproduce publicly, in particular the right to make the content accessible to the public.

 

  1. The user authorizes Kiddify to process and translate the videos uploaded by the user, and to adjust said videos to data and format templates required for use, or to improve the quality to use and commercialize said videos on the platform, on the Internet and in all media world-wide.

  1. Moreover, Kiddify is entitled to conduct advertising campaigns on the platform, on the Internet, or in other media using the uploaded content. For this purpose, Kiddify is specifically authorized to copy and edit portions of the uploaded videos, to combine the uploaded videos with other videos or portions thereof into new videos, and to upload said videos in the public area of the platform or on other portals, and to make said videos accessible to the public world-wide, or to make these available for download. 

  1. Kiddify is entitled to transfer the rights it is granted to third parties, and/or to grant its own usage rights to third parties.

  1. Kiddify owns all rights to the Portal. The user is permitted to use the Portal. For this purpose, the user is granted a simple, non-transferable usage right. Copying, distributing and/or publishing content that was uploaded to the Portal by the operator, other users, or third parties is prohibited.

  1. The permanent or temporary termination of the Portal use leaves the effectiveness of the assigned usage rights and the right to advertise with the uploaded content unaffected.

 

Inspection of content by Kiddify

  1. Kiddify inspects the uploaded videos for child-friendliness, in particular as to whether the content can inhibit the development of children and youths, or has apparently illegal content. No other inspection is performed.

  1. Kiddify is not able to assess to what extent a user is in a position to implement the tips and tricks from the videos. The user should ask an a adult for help when doubts or questions arise in connection with using equipment and when acrobatic activities are involved 

 

Liability

  1. Kiddify is not liable for a specific outcome connected with implementing the content of the videos, in particular, Kiddify is not liable that the user is able to attain the shown objectives (e.g. in the form of a recipe or trick) by observing and copying. 

  1. Kiddify's pre-contractual, contractual, and extra-contractual liability is limited to intent and gross negligence.

  1. In the case of simple negligence, Kiddify is liable only for breaches of a cardinal contractual duty required to allow the contract to be properly implemented in the first place, and whose compliance the user can regularly rely on (cardinal duty), and the amount of which is limited to foreseeable and contractually typical losses at the time the contract was concluded.

  1. This limited liability also applies in favor of Kiddify's vicarious agents.

  1. The aforementioned liability limitations do not apply in cases of physical injury, death, or health impairments of persons, and in cases of Kiddify's liability under the product liability act.

  

Indemnification 

The user holds Kiddify and its employees and/or agents harmless for cases of being held liable due to alleged or actual breaches of law and/or breaches of third party rights due to actions by the user in connection with the use of the Portal and all third party claims resulting from said actions. Moreover, the user agrees to reimburse all expenses Kiddify incurs from being held liable by third parties. Reimbursable expenses also include expenses for an appropriate legal defense.

  

Consent for the use of personal information 

  1. The use of the Portal will invariably result in the storage, use, and distribution of the user's personal information by Kiddify. Kiddify warrants that it will treat the stored data with care, and only process said data with the user's consent under data protection laws. Kiddify uses personal data above and beyond this only when such uses are permitted by law, or the user first consented to such uses. 

  1. The user authorizes Kiddify to store and process the personal data supplied by the user during the registration and while using the Portal. This also applies to storing the IP addresses transmitted with every use of the Portal. The user also agrees to the presentation of the personal information shown in his profile ("My data") within the Portal and for other users of the Portal.

  1. The user also gives his consent for the operator to employ the user's personal data for direct marketing purposes. This includes directing advertising to the user by e-mail and regular mail.

  1. The user can find more information about the handling of the user's personal information by Kiddify and a detailed disclosure about his rights in connection with the use of his data at http://www.kiddify.com/Datenschutz.

 

Contract term/termination 

  1. The contract is valid for an indeterminate length of time and can be terminated by both parties at any time without maintaining a notice period or providing a reason.

  1. Furthermore, the right of both parties to terminate the contractual relationship by way of an extra-ordinary termination for cause remains unaffected. 

  1. For Kiddify, a cause for terminating this agreement exists when the user has repeatedly breached its obligations pursuant to Sections 6, 7 of these usage terms.

  1. A termination has the effect that the user no longer has access to the Portal. In the event of a termination, Kiddify will delete the user's profile data within an appropriate period. This does not apply to all content the user uploaded to the Portal during the term of the agreement. Section 6 para. 1 of the usage terms remain unaffected by the termination.

 

Concluding Regulations 

  1. If the agreement contains invalid provisions, this does not affect the validity of the remaining contract content.

  1. Services are rendered strictly on the basis of these Standard Business Terms and Conditions (T&Cs). The Standard Business Terms and Conditions (T&Cs) apply to all companies, and therefore also to all future business relationships, even when they were not explicitly agreed to again. Integrating a customer's Standard Business Terms and Conditions (T&Cs) that conflict with our Standard Business Terms and Conditions (T&Cs) is rejected here and now.

  1. This agreement is exclusively governed by the laws of Germany, under the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

  1. Berlin, Germany is the jurisdiction for all disputes from or in connection with this agreement.