The kidd3r.com web site, features, and all site-related services (collectively, the "Service") comprise an online information service provided by kidd3r Ltd. ("kidd3r"). Please read this document carefully before accessing or using the service. By accessing or using the service, you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, you may not access or use the service. kidd3r may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the service. you agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.
Copyright, Licenses and Idea Submissions
The entire contents of the Service are protected by copyright and trademark laws. The owner of the copyrights and trademarks is kidd3r Ltd. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the service, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. Publications, products, content or services referenced herein or on the Service are the exclusive trademarks or servicemarks of kidd3r. Other product and company names mentioned in the Service may be the trademarks of their respective owners.
You agree to grant to kidd3r a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, read, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public or private areas of the Service (such as listings, comments, messages, feedback, bulletin boards, forums and newsgroups) or by e-mail to kidd3r by all means and in any media now known or hereafter developed.
2. Use of the Service.
By joining the Service, you become a member of a marketplace and community for listing and exchanging items. The Service includes a component of virtual tokens (kidd3rkredits), referred to in this Agreement as "kidd3rkredits", each of which constitutes a limited license permission to use features of the Service as set forth below. Each member lists items he or she is willing to exchange for another item or to obtain ‘kidd3rkredits’. Upon signup, you may receive a certain number of free kidd3rkredits to purchase an item in the marketplace (limit one set of free kidd3rkredits per user). For each item that you swap/trade, you can earn a certain number of kidd3rkredits based on the outcome of the listing with other members, who will either arrange for a local pickup or ship them to you at either your expense or theirs.kidd3rkredits have no monetary value and cannot be exchanged for cash or used outside the kidd3r website. Section 6 below sets out the legal basis on which kidd3rkredits may be used.
Account
means the entirety of your contractual rights and obligations under this agreement associated with a particular account name you have selected for accessing the Service.
When another members agrees to swap/trade an item that you listed, their kidd3rkredits are automatically transferred to your Account or held in "pending" status by kidd3r until items are delivered.
Pursuant to these terms and conditions:
You agree to fully indemnify kidd3r against any losses arising from breaches by you of the obligations at a) – i) above
At present, Service membership is free, but we may institute a charge at some point in the future to defray the cost of providing this valuable service. If we do add any fees, you will be given plenty of notice and have the opportunity to accept or decline the charges.
If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the web site, or through the Service.
You understand that, except for information, products or services clearly identified as being supplied by kidd3r, kidd3r does not operate, control or endorse any information, products or services on the Internet in any way. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the service and the internet. Kidd3r provides the service and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and kidd3r shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. kidd3r does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Kidd3r has no control over and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will kidd3r be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. even if kidd3r or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
kidd3r makes no representations whatsoever about any other web site or app which you may access through this one or which may link to this Service. When you access a non-kidd3r web site or app, please understand that it is independent from kidd3r, and that kidd3r has no control over the content on that web site or app. In addition, a link to a kidd3r web site or app does not mean that kidd3r endorses or accepts any responsibility for the content, or the use, of such web site or app.
3. Membership Eligibility
This Service may be used only by persons 18 years of age or older. Kidd3r makes no representations whatsoever regarding the suitability of any items exchanged through this Service.
One Account per Person, Maximum of Four Accounts per Address or Household
No individual is permitted to have more than one single Account at any time. No more than one Account is permitted per computer. No more than four Accounts are permitted per address or household.
Registration in Own Name
Accounts may be registered only by the individual seeking membership. Registration of Accounts in a name other than the registrant's, fictitious or real is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Kidd3r prosecutes fraud to the fullest extent of the law.
Kidd3r reserves the right to refuse or cancel an Account or to modify the Services available to an Account holder with or without cause and is under no obligation to provide explanation in respect of the same.
Transferability
Your Account is not transferable outside of legitimate transactions on kidd3r.
4. Exchanged Material
By using this Service, you agree to participate in the swapping/trading/exchange of personal property.
Listing or Posting
By listing or posting items to swap/trade/exchange, you agree that you have the unrestricted right to transfer ownership of the items. The posting or listing of items without this intention, is expressly prohibited and may constitute fraud.
Intellectual property
You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.
Sexually explicit, pornographic, or obscene material
You agree not to post or ship any items of a sexually explicit, pornographic, or obscene nature.
Service Review
You understand that kidd3r will review all items posted to the Service. You agree to assume full responsibility for any items posted to your account. You agree to indemnify and hold kidd3r harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability.
Ownership Transfer
By swapping/trading/exchanging or delivering an item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items traded through this service become the sole property of the recipient with no obligation to re-list the item.
5. Delivery and PickupsYou agree to respond to all valid requests to deliver or pickup items from listings in a timely manner. Failure to promptly arrange for delivery or pickup of items may result in a forfeiture of kidd3rkredits. You agree to ensure any delivery costs are covered by the number of Kidd3rkredits requested for the listed item. Kidd3r is not responsible for any lost delivery expenses and cannot refund or help recover delivery expenses for any reason, including lost or stolen items, damaged items or non-delivery,
Lost or Damaged Items
kidd3r is not responsible for any item that is delivered by a member and is lost or damaged in delivery. Items lost or damaged in transit are the sole responsibility of the sending member.
Members making inappropriate reports of damaged or lost items may be subject to kidd3rkredit forfeiture and/or account suspension, in the sole discretion of the Service.
6. Credit Accounts And Licensing
kidd3rkredits are purchased or distributed at kidd3r's discretion and are not redeemable for monetary value from kidd3r.
When you receive a kidd3rkredit, kidd3r hereby grants you a limited license ("Credit License") to use the kidd3rkredit as a virtual token to be held, traded and/or transferred on the Service with other users (and/or kidd3r), in exchange for permission to access and use content, applications, services, and various user-listed items, in accordance with these Terms of Service. The Credit License is transferable by the holder to any other user, provided that both users comply with these Terms of Service and maintain their accounts in good standing. Except as expressly permitted by this agreement or otherwise expressly permitted by kidd3r, the Credit License may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. Kidd3r may revoke the Credit License at any time without notice, refund or compensation in the event that: (i) the Credit program is suspended or terminated; (ii) kidd3r determines that the Account holder has committed fraud or other illegal conduct; (iii) kidd3r imposes an expiration date on usage of Credits in compliance with applicable laws and regulations; (iv) the holder's Account is terminated for violation of these Terms of Service; or (v) the holder ceases to maintain an active Account or terminates this Agreement.
You acknowledge that Kidd3rkredits are not real or virtual currency or any type of financial instrument and are not redeemable for any sum of money from kidd3r at any time. You agree that kidd3r has the right to manage, regulate, control, and/or modify the license rights underlying such kidd3rkredits as it sees fit and that kidd3r will have no liability to you based on its exercise of this right. Kidd3r makes no guarantee as to the nature, quality or value of the features of the Service that will be accessible through the use of kidd3rkredits, or the availability or supply of kidd3rkredits. Kidd3r may modify, revalue, or make the kidd3rkredits and services more or less common, valuable, effective, or functional.
When you complete a swap/trade/exchange, the appropriate amount in kidd3rkredits will be subtracted from your account. The other member will have the appropriate number of kidd3rkredits added to their account. Kidd3rkredits may also be purchased from kidd3r. kidd3rkredits may be held by kidd3r in a pending state or in escrow while both parties confirm that the items in the listing have been delivered and received.
You acknowledge that except as set forth in this agreement, purchases of kidd3rkredits or other goods, content and features of the Service are final, non-refundable, have no monetary value (i.e. are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use, even if they come with a durational term (e.g. a monthly subscription). Notwithstanding any agreement by kidd3r to provide a discretionary pro-rata refund or credit in certain circumstances, you have no property, proprietary, intellectual property, ownership, economic, or monetary interest in your account, kidd3rkredits, content or subscriptions, which remain the exclusive property of kidd3r.
Dormant Accounts
An account may be deemed "dormant" when no items have been listed or items swapped/exchanged/traded within any 1 year period. Dormant accounts may be closed and any accumulated
7. Indemnification.
You agree to indemnify, defend and hold harmless kidd3r, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
8. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 7 (Indemnification) are for the benefit of kidd3r and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),7 (Indemnification), 8 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
10. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of England and Wales. You agree that any legal action or proceeding between kidd3r and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in the courts of England and Wales. Kidd3r's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Kidd3r may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
