Terms and Conditions for Use:
1. Background
1.1 "COCONE S.A." is a company incorporated under the laws of the Oriental Republic of Uruguay, with registered address in Bulevar España 2423, city of Montevideo, and holding Taxpayer ID No. 216654920019 (hereinafter, the "Company").
1.2. The Company is the single owner of all the intellectual property rights on the software called "KidBox". This is a computer program for children, which provides a safe environment for them to access Internet content in a safe and age-friendly environment. In addition, the Company owns the website www.kidbox.net.
1.3. The service rendered by the Company through its computer program KidBox consists in generating a "Desktop Environment" where children may access previously selected "websites", games and audiovisual media, among other functionalities, thus enabling children to access internet content safely and under their parental control.
1.4. KidBox selects internet content and makes it available to Users, while generating other functionalities for easier and more intuitive web browsing through KidBox.
2. Purpose
2.1. The use of the KidBox system implies full knowledge and acceptance of these Terms and Conditions for Use. Any amendment shall come into effect from the time of due notice as established in these Terms and Conditions.
3. Features of the Service
3.1. KidBox is a "software" system that generates a "Desktop Environment" in computers where it is used. This means that while the User is using KidBox, the User may only access contents, options and functionalities provided by KidBox, and may not use the regular computer resources or other operative systems or programs, thus providing a safe and controlled environment.
3.2. In order to use KidBox, a person of legal age with parental rights or guardianship over the children who will use KidBox shall sign up; hereinafter, the "Administrator". The Administrator is responsible for the processes of subscription, downloading, acceptance of the terms and conditions, and administration of the parental control in KidBox.
3.3. The Administrator subscribes to KidBox so that the children under his parental rights or guardianship can use the system. The Administrator may set up certain variables through the "Parental Control", which he will access using his Username and password.
3.4. A password held only by the Administrator must be entered in order to exit the "Desktop Environment" of KidBox.This ensures a safe environment, since the children may not access other computer resources while browsing in KidBox.
3.5. KidBox contents are pre-selected and are a priori suitable for children. KidBox Users may only access content that has been pre-selected and made available by KidBox or content that has been especially unblocked by the Administrator through the "Parental Control".
3.6. The content made available by KidBox consists of "websites", audiovisual media, games and such other content as may be established, as well as several types of functionalities and applications. The Company may make available or delete content, applications or functionalities at any time and without prior notice at its entire discretion.
3.7. The Administrators are solely responsible for the content they unblock through the "Parental Control" or other content they may upload into KidBox by any means.
3.8. KidBox may inform the Administrator, via e-mail, of the activities that the Users related to that Administrator have performed in KidBox during a certain period of time.
4. Responsibilities
4.1. The Company is not responsible in any manner whatsoever for the consequences that "KIDBOX" or its content may generate on the Users and the Administrators are solely responsible for the verification, follow-up and decision on the convenience or not of the use of KidBox by the children under the Administrator's care.
4.2. The Company only guarantees that the content it makes available is regular and usual for children, eliminating any access to pornography, highly violent content or other content banned for children.
4.3. The Company is not responsible for the content unblocked by Administrators through the "Parental Control" or for content entered or accessed from KidBox through technical resources nor authorized by the Company, such as content related to "hacking", undue use, "software" tampering or viruses.
4.4. The Company does not guarantee backup or storage of activities performed by Users in KidBox.
4.5. The Company shall not be held liable for any service interruption attributable to an Internet service provider, electric energy services provider, etc. Ultimately, the Company shall not be liable for failures caused by any third party involved in the operation of the Internet, data transmission through networks and the availability or hosting of a website. Similarly, the Company does not guarantee that the "website" will be impervious to "hackers".
4.6. The Company does not guarantee the smooth and uninterrupted availability of content. The type and amount of content available may be subject to variation.
4.7. Administrators are solely responsible for the maintenance of the Username and password given by KidBox outside the reach of Users and third parties. Administrators will be solely responsible for any undue use of KidBox or damage caused by the undue use of the Username and password.
5. Indemnity
5.1. The Administrator and Users shall indemnify the Company and hold it harmless from any damage, prejudice, contingency or negative consequence of any type that may affect the User or Administrator through the use of KidBox. Thus, they waive any and all court or out-of-court actions against the Company based on the use of the system or contents of KidBox.
5.2. The Company is not responsible in any manner whatsoever for the decisions taken by Administrators based on the reports sent by KidBox.
6. Procedure
6.1. Administrators may access the service once they have completed the subscription process and accepted the terms and conditions for use.
6.2. Administrators will access the system through an icon that will appear on the desktop of the computer where they have installed KidBox. Administrators are responsible for giving access to the system to the children under their care.
6.3. The registered Administrator will be solely responsible for the confidentiality of the Username and password, which is provided for the exclusive and personal use of the Administrator. It is forbidden to provide access through any means to third parties, without prejudice to the provisions of Section 6.2.
6.4. It is necessary for the Administrator to monitor the children who are Users of KidBox, and such monitoring is the responsibility of the Administrator.
7. Content
7.1. KidBox makes third-party content (websites, games, audiovisual media) already on the Internet under other modalities available to users. Thus, the Company is not responsible for the operation, data collected or any other issue related to content as such, and only ensures that the content is regular for children.
7.2. All content in KidBox is protected by intellectual property rights and thus, it is forbidden to reproduce, copy, store, distribute, make available or market such content in any manner for free or for consideration.
8. Price
8.1. There will be paid and free versions of KidBox depending on the Administrator's choice upon subscription to KidBox or thereafter.
8.2. In the case of paid versions, lack of payment entitles the Company to suspend the services and the license on KidBox.
9. Term of the Agreement
9.1. The Administrator accepts these Terms and Conditions at the time of use of the KidBox system, and the Agreement shall remain in force as long as the system is used.
9.2. The Company may terminate the service at any time in the event that it detects that the service is being used for any purposes other than those outlined in the Terms and Conditions. The Company shall also be entitled to terminate the service in the event of reasonable doubts that the User is performing unlawful, irregular, fraudulent, anticompetitive or misleading operations, tampering "software", or breaching the intellectual property rights of KidBox or third parties.
9.3. The Company is entitled to temporarily suspend Administrator accounts until it obtains all information it deems necessary to demonstrate lawful activity and purpose in accordance with this User Agreement.
9.4. The Company may terminate any service and licenses granted on its "software" (download) upon prior 90-day notice, incurring no liability and generating no right to reimbursement whatsoever.
10. Personal and non-transferable Service
The service may only be used by the Administrator subscribing and dealing with the Company for the use of its KidBox software, and by the Users detailed by the Administrator in the subscription process. The service is non-transferable.
11. Sworn Statement
All information and data requested in the subscription process are provided by the Administrator as a sworn statement, establishing that they are true.
When using the Site and/or the Services, you agree to receive electronic communications from KidBox. These electronic communications may include announcements on applicable fees and expenses, transactional information and other information related to the Site and/or the services. These electronic communications are part of your relationship with KidBox. You acknowledge that all notices, agreements, statements and other communications sent to you through electronic means satisfy any legal communication requirements, including the requirement for written communications.
12. Amendments
12.1. These Terms and Conditions may be amended by the Company at any time, and shall come into force as from the second business day after the new Terms and Conditions have been published on the "website" and a notice has been sent to the e-mail address provided by the Administrator.
12.2. Once the amendment of these Terms and Conditions has been communicated, the User may express the will to terminate the Agreement within a 5-day term counted as from the date of notice. This termination shall not entail any liability of the parties and shall not give rise to the reimbursement of pre-paid prices.
12.3. The provisions of Section 12.2 shall also apply in the case of price modifications for the service when applicable.
13. Personal Data
13.1. Any personal data collected by the Company regarding the Administrators and Users shall be used solely to provide the service requested and shall not be transferred to any third parties or used for other purposes, in entire compliance with the personal data regulations of the Oriental Republic of Uruguay.
13.2. Data provided by Administrators and Users, as well as the activities they perform in KidBox, shall be registered and used for the purposes of providing the service agreed in these terms and conditions, and no other end shall be given to such information.
13.3. The Company follows the Privacy Policies published on its Site.
14. Applicable Law
These Terms and Conditions shall be governed by the applicable law of the Oriental Republic of Uruguay and any disputes related to the compliance of the duties arising therefrom shall be submitted to the general trial courts of the city of Montevideo.
15. Confidentiality
The Company shall keep and protect all information to which it may have access as confidential information, and may only use it for its own purposes, without directly or indirectly disclosing it to any third parties. As an exception, the information may be used for statistical purposes, in which case identification will be anonymous.
16. General Provisions
16.1. The heading in the Terms and Conditions for Use are not part of the agreement, but are only included for reading convenience and do not limit or extend the provisions they head.
16.2. In the event that any of the provisions contained in these conditions were invalid, such invalidity shall not apply to the rest of the agreement, which shall remain in full force and effect.
16.3. Any waiver or lack of enforcement of the Terms and Conditions shall only be binding if made in writing, and shall only apply to specific cases, and shall not affect the enforceability of these Terms and Conditions.
Privacy Policy for the Protection of Personal Data
1. COCONE S.A. is the owner of this website and shall only collect information containing personal data of the users (through parents, guardians, custodians or persons of legal age) upon prior consent.
2. COCONE S.A. shall treat personal data provided by the users of this site only for the purposes and as detailed in this Privacy Policy and in entire accordance with the Personal Data Protection regulations of the Oriental Republic of Uruguay, in particular, Law No. 18.331 and Executive Orders No. 664/008 of 22-12-008 and 414/009 of 31-8-009, and other related and applicable regulations.
3. COCONE S.A. undertakes to use personal data it receives only for the specific purposes for which users provide them, without disclosing them to third parties. Without prejudice to the foregoing, the Company may use the personal data of users for other services rendered by the company or by its business partners.
4. Personal data may be stored in the servers kept by the Company in the United States or in the future, in other countries with an adequate protection level.
5. By clicking on the link "Contact us" or by writing the e-mail addresses detailed therein, the user may request COCONE S.A. for any information and, in that case, any personal data provided shall be filed in a "user" database and shall only be used to answer questions, get statistical information or communicate with the user in relation to news or changes applied to the website.
6. The Privacy Policy is limited to the direct use of the user through the website, and the same result is not guaranteed in case of access through other sites.
7. This Privacy Policy details the current company practices in relation to the services it renders. Therefore, this Policy may be amended at the entire discretion of COCONE S.A. upon timely notice to the user.
8. COCONE S.A. has implemented all safety measures necessary to prevent the access of unauthorized third parties to the data. This includes physical safety measures and the exclusive access of employees or independent contractors who need to access the data for work purposes, subject to confidentiality provisions and professional secret obligations, as established in Section 302 of the Criminal Code.
9. COCONE S.A. shall make its best endeavors to protect the personal data provided by users through its website. However, it may disclose some of the data in its power in accordance with contractual obligations undertaken with third parties or in case of a court order.
10. COCONE S.A. is responsible for the "user" databases, and all rights of access, modification or deletion may be exercised by appearing in person with a copy of the ID or a power of attorney in case of a legal entity in the city of Montevideo, at Bulevar España 2423, Montevideo, Uruguay. Users may also submit complaints or suggestions considered relevant in the same manner through an e-mail sent to info@kidbox.net.
11. In case of questions or suggestions on the Privacy Policy governing this website, please send an e-mail to info@kidbox.net.
