Terms and Conditions
Dated July 2013
Please read these Terms and Conditions of Use (“CONDITIONS OF USE”) carefully before using karismakidz.com
This is the legal part. It’s so everybody knows the rules for using karimakidz.com, karimakidz.co.uk or any other Karisma Kidz website (the “Site”). Be sure to get your parents/guardian to discuss these rules with you.
- Remember to ALWAYS check with your parents/guardian before you use the Site or send anything to us. After all, they might want it to put on the fridge!
- All the toys and games here are just for you to play with. You can’t sell them, give them to anyone, or pretend you made them. You can’t do anything EXCEPT look and play with them, unless you ask us first and we say it’s OK. Kind of like playing with your big sister’s games or toys, right?
- Remember that all the stuff on the message boards, chat rooms and other places on the Site comes straight from other kids, not from someone at the Site. We wouldn’t tell kids what to say, because kids have minds of their own! But if someone sends ugly messages, we’ll do our best to deal with it. We all want the Site to be a good, clean place to hang out.
- If you write something that catches our eye on a message board or in a chat room, we might want to use it on the site. By sending in your thoughts and hanging out in the chat rooms, and getting your parent’s permission to do so, you and your parents are telling us it’s ok to repeat what you say. It means we can use it in any way we want, anywhere, forever. And wouldn’t it be cool if we used something YOU said, made or drew forever?
Of course, the folks in the legal office have their own secret code for saying this, and it’s also known as The Small Print:
The Site is controlled and operated by Karisma Kidz Limited (company registration number 8040295) (“Karisma Kidz “) whose registered office is
16 Foresters Close Wallington, Surrey, SM6 9DH
1. Access To The Site
By accessing and using the Site you agree to be bound by these Conditions of Use. If you do not agree with all of the Conditions of Use, please do not use the Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Conditions of Use at any time. Such changes and/or modifications shall become effective immediately they’re posted on the Site. We recommend that you review the Conditions of Use from time to time as your continued use of the Site, following the posting of changes, will mean you accept any revised Conditions of Use. The Site is aimed at, and should only be accessed if you are in, the UK, Channels Islands, Isle of Man or Eire. It’s not intended to be used if you access it from anywhere else. The Site is for your personal use only in accordance with the Conditions of Use. You cannot use it for any commercial purposes at all.
2. Ownership of Intellectual Property Rights
“Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyright, database right, service marks, trade names, design rights, know-how, confidential information as well as the “look-and feel” of the Site and similar proprietary rights worldwide whether registered or unregistered. All rights, title and interest in Intellectual Property Rights in the Site including without limitation games, data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, screen savers, artwork, graphic material, ringtones or other elements (the “Material”) are the property of Karisma Kidz and/or its associated companies, and/or its licensors and/or other respective owners and are protected under English and foreign Intellectual Property Rights laws. If you use any Material you must maintain all copyright and other Intellectual Property Rights notices contained in such Material. You agree not to copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-licence or circulate any Material and/or part of or all of the Site to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Karisma Kidz. Use of Karisma Kidz and/or its licensors’ Material is only permitted with express prior written permission of Karisma Kidz. You agree not to disassemble, decompile, reverse engineer or otherwise modify the Material or the Site in any way.
3. Postings & Submissions
Where Karisma Kidz provides areas of the Site to allow users to post and exchange information, ideas and opinions (“Postings”), or other material including without limitation text, images, designs, audio and/or video clips (“Submissions”), the Postings and/or Submissions are the views and opinions of you and other contributors to the Site. In no event shall Karisma Kidz assume any responsibility or liability for any Postings or Submissions nor shall Karisma Kidz represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Postings or Submissions nor shall Karisma Kidz be liable for any loss or damages resulting from their use and/or appearance on the Site
In consideration of using the Site you grant Karisma Kidz and its associated companies a free of charge, perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, as they in their discretion see fit, any information (in addition to Postings and Submissions) submitted by you to the Site (whether at the invitation of Karisma Kidz or on an unsolicited basis). Such use may include, but is not limited to reproducing, editing, licensing, copying, adapting, transmitting, broadcasting, publishing or deleting.
You undertake, represent and warrant to Karisma Kidz that any Posting or Submission is original to you and does not infringe any rights of any third party. You also agree to waive any moral rights and to assign any copyright, performance rights all other rights, titles and interests in any such Posting or Submission in relation to its use by Karisma Kidz (and this assignment shall operate to the extent necessary as a present assignment of future rights). You further agree to offer all reasonable assistance to Karisma Kidz, and to execute all documents necessary, to effect any such assignment.
You agree that you will not use any Posting or Submission or any part of the Site to:
- collect, store and/or identify private or personal information of any user;
- facilitate personal attacks on other individuals;
- upload, post or e-mail any content or other information that Karisma Kidz deems in its sole discretion inappropriate for the Site;
- harm children in any way including, without limitation, in relation to grooming children online;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- bully, stalk or otherwise harass any other user of the Site;
- upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or e-mail any content that infringes any Intellectual Property Rights or other third party rights of any party;
- upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, malware, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
- disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- promote and/or generate revenue for yourself and/or any third party business activity; and/or
- Violate any applicable national or international laws or regulations.
Karisma Kidz provides additional terms and conditions for certain activities on the Site, including for competitions, provided by Karisma Kidz and/or other third parties. These Conditions of Use are incorporated into those specific terms and conditions provided in respect of a particular activity. In the event of any conflict, the specific terms and conditions provided for the activity you have chosen will take precedence.
Karisma Kidz provides terms and conditions for certain activities on the Site including, without limitation, for competitions provided by Karisma Kidz in conjunction with third parties. These Terms and Conditions of Use are incorporated by reference into those specific terms and conditions provided in respect of a particular activity. In the extent of any conflict, the specific terms and conditions provided for the activity you have chosen will take precedence.
6. Disclaimer and Limitation of Liability
The Site and all Materials contained in it are distributed and transmitted by Karisma Kidz on an “as is” and “as available” basis. Except to the extent required by law, Karisma Kidz including its associated companies, its directors, employees, agents or sub-contractors (1) disclaims any and all express or implied representations, warranties and/or conditions of any kind, including, but not limited to the implied conditions and/or warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and/or accuracy; (2) is not responsible or liable for any infection or contamination of your system arising out of or in connection with your use of the Site or any connected website and does not warrant that the Site, the server(s) that make the Site available or any connected website are free from viruses, Trojan horses, worms, software bombs or similar items or processes or other harmful components; (3) is not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Site or any connected website or with respect to the Material, Postings or submissions contained on the Site; and (4) does not warrant that the Site, or any connected website, any materials, third party content, goods and services offered will be uninterrupted or error free.
The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material and use of and access to the Site or any connected website rests with you.
To the fullest extent permissible by law, and except in the case of fraud and/or negligence resulting in death or personal injury, Karisma Kidz , its associated companies, and its respective officers, directors, employees, agents, licensors, consultants, representatives, and/or third party providers will not be liable for any loss or damage and/or claims of any kind arising out of or in connection with the Site and/or Postings and/or Submissions and/or Materials and/or any connected website including, without limitation, (1) indirect or consequential loss; (2) loss of profits or revenue or savings or other economic loss; (3) incidental, direct, or special loss or similar damages; (4) loss of or damage to data; (5) loss of business or goodwill; and/or (6) wasted or lost management time, even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable. Notwithstanding the foregoing, in no event shall Karisma Kidz’s liability to you for any and all losses or damages (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by you, if any, for accessing the Site.
You agree to fully indemnify, defend and hold harmless Karisma Kidz, its associated companies, its directors, employees, agents, licensors, representatives and third party providers from and against all loss and damages including reasonable legal fees, resulting from any breach of these Conditions of Use by you. Karisma Kidz reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by you, in which event you agree to fully co-operate with Karisma Kidz in defending any action or potential action.
8. Third-Party Hyperlinks
The Site may contain links to other websites (“Hyperlinked Sites”) and these are provided for convenience only. Karisma Kidz does not endorse the opinions or views found in any Hyperlinked Sites. Karisma Kidz does not verify, endorse or take responsibility for the accuracy, completeness or quality of any content contained on these Hyperlinked Sites. Furthermore, Karisma Kidz is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such Hyperlinked Sites. As such, neither Karisma Kidz nor its associated companies will be responsible for content provided on any Hyperlinked Site
Karisma Kidz is not responsible for any adverts that appear on the Site. We do not endorse, or make any representations or warranties concerning, any advertiser’s goods or services seen on the Site or on their website nor can we accept any responsibility for their goods or services.
Karisma Kidz reserves the right to terminate your use of the Site and block any use in the future if we believe that you have breached any of these Conditions of Use or if you have breached any relevant law or regulation.
Unless otherwise specified, these Conditions of Use contain the entire understanding between you and Karisma Kidz and supersede all prior terms or conditions in respect of your use of the Site. If any provision of these Conditions of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect. These Conditions of Use shall be governed by and construed in accordance with the laws of England and any disputes arising shall be subject to the exclusive jurisdiction of the English courts.
These Conditions of Use were last updated in July 2013.