Kidinmi


Kidinmi Terms of Use


Kidinmi User Agreement


These Terms of Service (“Terms”) govern your access to and use of Kidinmi (the “Services”), including the https://www.kidinmi.com website (the “Site””) and any information, text, photos, or other materials uploaded, downloaded, or appearing on the Services. Your access to and use of the Services are conditioned on your acceptance of and compliance to these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.


1. Introduction


1. Purpose.


Kidinmi is a web-based Gaming and Social Networking application platform. It provides methods and technology solutions that allow its users to import, organize, and showcase their lifetime achievements and memorabilia / keepsakes via a game engine integrated within a social networking application. It focuses on portraying the personal identity and self-importance – the ego – of its customers using digital representations of real-life objects such as achievements and memorabilia.


2. Scope and Intent.


You agree that by registering on Kidinmi, or by using our website, you are entering into a legally binding agreement with Kidinmi LLC, 3102 Oak Lawn Avenue, Suite 203, Dallas, Texas 75219 (“we,” “us,” “our,” and “Kidinmi”) based on the terms of this Kidinmi User Agreement and the Kidinmi Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become an Kidinmi user (“User”).

If you do not want to register an account and become an Kidinmi User, do not conclude the Agreement, do NOT click the “Register” link and do not access, view, download or otherwise use any Kidinmi webpage, information or services. By clicking the “Register” link, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking the “Register” link you also consent to use electronic signatures and acknowledge your click of the “Register” link as one. Please note that the Kidinmi User Agreement and Privacy Policy are also collectively referred to as Kidinmi’s “Terms of Service.”


2. Your Obligations


1. Applicable laws and this Agreement


You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:



2. License and warranty for your submissions to Kidinmi.


You own all of the content and information you upload or post in Kidinmi, and you can control how it is shared through your privacy settings. In addition:

  • You may request the deletion of content and information you have uploaded or posted to Kidinmi at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
  • When you delete content and information, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

3. Service Eligibility.


To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:

  • are 13 years of age or older;
  • are not currently restricted from the Services, or not otherwise prohibited from having an Kidinmi account;
  • are not a competitor of Kidinmi or are not using the Services for reasons that are in competition with Kidinmi;
  • have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
  • will not violate any rights of Kidinmi, including intellectual property rights such as copyright or trademark rights; and
  • agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

4. Sign-In Credentials.


You agree to (1) Maintain the confidentiality of your account and password; (2) not permit others to use your account; and (3) refrain from using other Users’ accounts. Further, you agree to accept responsibility for all activities that occur under your account or password until you deactivate your account or prove that your account security was compromised due to no fault of your own. To deactivate your account, please contact Kidinmi.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kidinmi is not responsible for third party access to your account that results from theft or misappropriation of your account. Kidinmi and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. /p>

Kidinmi does not provide accounts to children under the age of thirteen and does not knowingly collect personally identifiable information from children under the age of thirteen.


5. Indemnification.


You agree to indemnify, defend and hold harmless Kidinmi, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kidinmi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kidinmi in asserting any available defenses.


6. Payment.


If you purchase any Services or Products that we offer for a fee, you agree to Kidinmi storing your payment card information.


7. Notifications and Service Messages.


For purposes of service messages and notices about the Services to you, Kidinmi may place a banner notice on its website to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Kidinmi to an email address associated with your account, even if we have other contact information. You also agree that Kidinmi may communicate with you through your Kidinmi account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Kidinmi account or services associated with Kidinmi. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.


8. Privacy.


We designed our Privacy Policy to make important disclosures about how you can use Kidinmi to share with others and how we collect and can use your content and information.

We encourage you to read the Privacy Policy, which is incorporated into this Agreement by reference, and to use it to help you make informed decisions.

Please note that certain information, statements, data, and content (such as photographs) which you may submit to Kidinmi reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.


3. Your Rights


On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 12, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use, through a generally available web browser, view information and use the Services that we provide on Kidinmi web pages and in accordance with this Agreement. Any other use of Kidinmi contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Kidinmi and all related items, including any and all copies made of the Kidinmi website.


4. Our Rights and Obligations


1. Services Availability.


Your access to and use of the Services or any content and information uploaded to the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.

Kidinmi makes no warranty and disclaims all responsibility and liability for:

  • the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
  • any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
  • the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or
  • whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Kidinmi or through the Services, will create any warranty not expressly made herein.

2. Disclosure of User Information.


You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:

  • comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
  • enforce this Agreement;
  • respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency;
  • respond to customer service inquiries; or
  • protect the rights, property, or personal safety of Kidinmi, our Users or the public.

Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.


3. Connections and Interactions with other Users.


You are solely responsible for your interactions with other Users. Kidinmi may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Kidinmi reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Kidinmi determines, in our sole discretion, that doing so is necessary to enforce this Agreement.


5. Disclaimer


SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.


DO NOT RELY ON KIDINMI, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR KIDINMI AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIDINMI DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY KIDINMI OR ANYTHING RELATED TO KIDINMI, YOU MAY CLOSE YOUR KIDINMI ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

KIDINMI IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS STICKY NOTES OR MAIL) SENT THROUGH KIDINMI TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

KIDINMI DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, KIDINMI DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

KIDINMI DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. KIDINMI DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, KIDINMI DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE KIDINMI SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.


6. LIMITATION OF LIABILITY


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIDINMI LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KIDINMI LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIDINMI LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIDINMI LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIDINMI LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


7. Termination


1. Mutual rights of termination.


You may terminate this Agreement, for any or no reason, at any time, with notice to Kidinmi. This notice will be effective upon Kidinmi processing your notice.

Kidinmi reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


2. Misuse of the Services.


Kidinmi may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the Kidinmi messaging services; creating multiple or false profiles; infringing any intellectual property rights; violating any of the Do’s and Don’ts listed in Section 12, or any other behavior that Kidinmi, in its sole discretion, deems contrary to its purpose.


3. Effect of Termination.


Upon the termination of your Kidinmi account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4 (“Our Rights and Obligations”) hereof.


8. Dispute Resolution


1. Law and Forum for Legal Disputes


This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Texas regardless of your country of origin or where you access Kidinmi, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Kidinmi agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Dallas County, Texas, except as otherwise agreed by the parties. You and Kidinmi agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that Kidinmi shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


9. General Terms


1. Severability.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.


2. Entire Agreement.

You agree that this Agreement constitutes the entire agreement between the user and Kidinmi with respect to the Site and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kidinmi with respect to the Site and Services.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


3. Amendments to this Agreement.

Kidinmi reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination). Kidinmi encourages you to periodically review the Terms to stay informed of our updates.


4. No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.


5. No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.


6. Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute effective upon notice to you, Kidinmi LLC. for any third party that assumes our rights and obligations under this Agreement.


7. Potential Other Rights and Obligations.

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.


10. Account Deactivation Policy


You may deactivate your Kidinmi account at any time by contacting Kidinmi.


11. International Users


11. International Users

The Service is controlled, operated and administered by Kidinmi from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kidinmi Content accessed through https://www.kidinmi.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


12. Kidinmi User Do’s and Don’ts


As a condition to access Kidinmi, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:


Do undertake the following:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and update it as necessary;
  • Review and comply with our Privacy Policy;
  • Review and comply with notices sent by Kidinmi concerning the Services

Don’t undertake the following:

  • Post inappropriate, inaccurate, or objectionable content to Kidinmi;
  • Publish inaccurate information in the designated fields on the user profile form. Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
  • Create a user profile for anyone other than a natural person;
  • Harass, abuse or harm another person, including sending unwelcomed communications to others using Kidinmi;
  • Use or attempt to use another’s account without authorization from the Company, or create a false identity on Kidinmi;
  • Upload, post, mail, transmit or otherwise make available or initiate any content that:
    • Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
    • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Kidinmi or any User of Kidinmi;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  • Utilize or copy information, content or any data you view on and/or obtain from Kidinmi to provide any service that is competitive, in Kidinmi’s sole discretion, with Kidinmi;
  • Adapt, modify or create derivative works based on Kidinmi or technology underlying the Services, or other Users’ content, in whole or part;
  • Deep-link to the Site for any purpose, (i.e. including a link to an Kidinmi web page other than Kidinmi’s home page) unless expressly authorized in writing by Kidinmi;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on Kidinmi;
  • Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Kidinmi except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  • Infringe or use Kidinmi’s brand, logos and/or trademarks, including, without limitation, using the phrase “Kidinmi” in any business name, email, or URL or including Kidinmi’s trademarks and logos;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
  • Access, via automated or manual means or processes, Kidinmi for purposes of monitoring Kidinmi’s availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Kidinmi’s website;
  • Attempt to or actually access Kidinmi by any means other than through the interfaces provided by Kidinmi such as or by navigating to https://www.kidinmi.com using a web browser;
  • Attempt to or actually override any security component included in or underlying Kidinmi;
  • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Kidinmi’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Kidinmi personnel, attempting to gain unauthorized access to Kidinmi, or transmitting or activating computer viruses through or on Kidinmi;
  • Interfere with or disrupt Kidinmi or the Services, including, but not limited to, any servers or networks connected to Kidinmi.

13. Contact Information


Kidinmi welcomes your questions or comments regarding these Terms and Conditions. If you believe that Kidinmi has not adhered to these Terms, please contact Kidinmi at:


Kidinmi LLC
Attn: Terms and Conditions Issues
3102 Oak Lawn Avenue, Suite 505
Dallas, TX 75219
USA

Email Address: admin@esmtgroup.com

Web page: https://www.kidinmi.com