Privacy Policy

Introduction

Kidstory Inc. (“Kidstory”, “we”, “us” or “our”) owns and operates the Kidstory website: www.kidstory.life (the “Website”) and mobile application (the “App”) that provides parents, family and friends with a private platform to capture, access and share information, text, images, photographs, events, moments and other content from their children’s lives, including through a variety of category capture segments such as Favorites, Activities, Artwork, Quotes and Firsts (the “Services”). This Privacy Policy describes the personal information that Kidstory collects from or about you on or through the Website, App and Services as well as how we use and to whom we disclose that information. You acknowledge that this Privacy Policy is part of Kidstory’s Terms of Use (“Terms”). If you do not agree to abide by both this Privacy Policy and the Terms, please do not use the Website, App or Services. Unless you are based in the European Economic Area (EEA) or United Kingdom (UK), by accessing or using our Website, App or the Services, you signify your acceptance of this Privacy Policy and agree to be bound by its terms. You can withdraw your consent at any time, however, if you choose to do so, we may not be able to provide you with the access to and use of the Website, App and/or the Services. Residents of Quebec are not permitted to use or access the Website, App or Services. If you are a resident of Quebec, please do not use or access the Website, App or Services or submit any personal information on or through the Website, App or Services.

Scope of this Privacy Policy

In this Privacy Policy, “you” or “your” means any individual who has requested, applied for or been supplied with access or use of the Website, App or the Services, including any other individual for whom you have acted as agent, representative, parent or legal guardian.

Where this Privacy Policy is Effective

Kidstory is subject to the Personal Information Protection and Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation. Privacy laws vary by jurisdiction. You acknowledge and agree that access to the Website, App and the Services are provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in accordance with the terms and conditions of this Privacy Policy.

If you are based in the EEA or the UK, please see the EEA and UK section of this Privacy Policy. The EEA and UK section of this Privacy Policy concerns Kidstory’s processing of the personal information of the users of our Website, App and Services based in the EEA or UK, where Kidstory is offering goods or services to you in the EEA / UK or where our Website, App or Services may be used to monitor individual’s behavior as far as it takes place in the EEA / UK.

If you are based in the State of California, you have certain rights with respect to the collection, use and processing of your personal information under the California Consumer Privacy Act (“CCPA”). For further information on your rights under the CCPA, please see the section below entitled “California Privacy Rights”.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be consistent with privacy requirements for all jurisdictions.

Changes to this Privacy Policy

Kidstory may make changes to this Privacy Policy from time to time to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised versions of this Privacy Policy on our Website and App. If we make any material changes we will notify you as required by law, but encourage you to check back often for updates. Your continued use of the Website, App or the Services after an update or amendment to this Privacy Policy means that you consent to the collection, use, and disclosure of your personal information as described in the updated Privacy Policy.

This Privacy Policy was last updated on April 21, 2020.

What is Personal Information?

For the purposes of this Privacy Policy, personal information is any information that identifies a specific individual, and under certain laws that may or may not be applicable to you, identifies a specific household or device.

Collection of Personal Information

We collect and maintain different types of personal information in respect of the individuals with whom we interact. When you use or access the Website, App or our Services, we may collect the following information from you:

contact and identification information, such as your name, email address, mailing address, phone number;
your payment, credit card, debit card and other banking information, such as your credit card number, debit card number and billing address;
your age, gender, location and other demographic information;
any personal information that contained or depicted in any User Content or Feedback (each as defined in the Terms);
any personal information that is contained in or on any accounts you have with third-parties that you use in connection with your access to or use of the Website, App or the Services (e.g., your Facebook or Instagram account).
If you are based in California and would like more information about the categories of personal information that we collect, please see the section entitled “California Privacy Rights” below.

Our Purposes for Collecting Personal Information

We only collect the necessary personal information to provide you with the Services available through our Website and App and which enables us to manage, maintain, and develop our operations. For example, we collect information in order to:

enable you to register, access and maintain an account with us and verify your identity as an authorized user of any accounts you create to access and use the Website, App and the Services;
establish, maintain, administer, and manage our relationship with you and your account with us, including by contacting you, so that we may provide you with any Services or communications that you have requested;
allow you to participate in, subscribe to or otherwise receive products, services and communications from us;
providing you with coupons, programs, promotional information, offers and other information that is personally tailored to your interests, use of our Website, App and Services, and purchase behavior;
sending you messages or push notifications by automated means or otherwise as more particularly described below;
allow you to share and display your User Content with individuals that you identify through the Website, App or Services;
process your payments and send you information about your purchases and transactions;
be able to comply with your requests (e.g., if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
understand your preferences and tailor communications and services to you and to send you information about our news, media coverage, events and other matters;
protect Kidstory against error, fraud, theft, and damage to our Website, App, Services, assets or other properties;
conduct research, surveys, analysis and evaluations to understand usage and trends, user needs and interests, and to improve our Website, App, Services, communications, and operations;
enable us to comply with applicable laws or regulatory processes; and
any other reasonable purpose to which you consent.

From time to time, we may ask for your consent to use your information for certain additional specific reasons. The consequences of granting your consent will be described should we request your consent to use your information for such additional purposes. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

Unless you are based in the EEA or UK, by consenting to our collection, use and disclosure of your personal information through the use of our Website, App or Services you allow us to fulfill the purposes for which we collect your personal information.

Research, Development, and Targeted Ads

When we collect your information for research and development purposes and to serve you and others targeted ads on or through our Website, App and Services and through third-party platforms. We ensure that any information used for our analysis, reports and serving targeted ads will be de-identified and aggregated in a manner that will not identify you. Please note that in connection with the foregoing, we may also use services provided by third-parties (such as social media platforms) to serve targeted ads to you and others on third-party platforms. We may do this by providing an aggregated and de-identified version of your personal information to the third-party for matching purposes.

For further information about how we use your personal information if you are based in the EEA or UK, including the legal bases we may rely on to process your personal information as an alternative to obtaining your consent, please see the EEA and UK section of this Privacy Policy.

When does Kidstory Email you, and why?

We will collect your express consent prior to sending you any commercial electronic messages, unless an exception to obtaining your opt-in consent applies under Canada’s Anti-Spam Legislation. You will have the opportunity to opt-out of receiving commercial electronic messages at any time. For clarity, by using and accessing or using our Website, App or Services you agree to receive transactional communications about your account and activities on or in connection with the Website, App and Services. For example, when you create an account or reset your password you will receive an email confirming your account details. You may opt-out of receiving certain of these transactional communications by contacting us at info@kidstory.life. In addition, you may choose to receive notifications regarding important dates and reminders that you can turn on or off in your account settings on the Website or App.

How we Collect Personal Information

As a general rule, Kidstory collects personal information directly from you. In most other circumstances where the personal information that we collect about you is held by a third-party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions). For example, when you create an account with Kidstory through an existing account that you have with a third-party, such as Facebook or Instagram, we will receive certain of your personal information that is contained on that account. From time to time, we may also utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise.

In circumstances where we receive personal information from third parties, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Use of Personal Information

We may use your personal information:

as permitted or required by applicable law or regulatory requirements;
to comply with valid legal processes such as search warrants, subpoenas or court orders;
during emergency situations or where necessary to protect the safety of a person or group of persons; and
for the purposes described in this Privacy Policy; and
for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

Sharing of Personal Information

Your use of the Website, App and the Services

Since one of the purposes of the Website, App and Services is to facilitate the sharing of text, images, photographs, events, moments and other content with other users, Kidstory may share or disclose your public information, such as your public user profile and your public communications and interactions with others on and through the Website, App and Services. For example, when you choose to share your personal information by including it in any User Content or inviting your family, friends or other users to see and interact with your User Content, you agree that such persons may view or otherwise access the personal information that is shared with them and acknowledge that Kidstory cannot control and/or be liable for how such persons may use that information. In addition, by choosing to post any User Content on third party websites, application or social media platforms (e.g., Facebook, Instagram, Twitter, Pinterest), you are choosing to share your personal information with the general public. To the extent that submit, upload, post, share or otherwise make any personal information available on a third party website, application or social media platform, we will have no control over such personal information which will be subject to the relevant third party’s privacy policy. Neither you nor we can control what others do with your information once you share any of your personal information publicly, whether on or through the Website, App, Services or otherwise. You may choose to limit the audience for all or part of your Kidstory account for certain User Content or information about you, by managing your account settings. The management of your account settings will not apply to any third party website, application or social media platform.

Affiliates and Service Providers

We may also disclose your personal information to our affiliates and subsidiaries, and our respective employees, contractors, consultants service providers, and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf. These third parties may assist us with various tasks, including but not limited to, data hosting and maintenance analytics, customer care, marketing, advertising, payment processing and security operations. For example, we use Google Firebase for web hosting services.

Business Transactions

Personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of Kidstory, its affiliates or subsidiaries through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise (or, if you are based in the EEA / UK, where we may notify you otherwise).

Other Disclosures

We may also disclose your information in the following circumstances:

as permitted or required by applicable law or regulatory requirements;
to comply with valid legal processes such as search warrants, subpoenas or court orders; and
for any additional purposes for which we have obtained your prior consent to do so (or, if you are based in the EEA / UK, where we may notify you otherwise).

Since we may share your personal information with third parties, as described in this Privacy Policy, your personal information may be collected, used, processed, stored or disclosed outside of your jurisdiction of residence, including in Canada and the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of another jurisdiction where local laws provide for a different level of protection for personal information. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security agencies in those other countries may be entitled to access your personal information. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security agencies in those other countries may be entitled to access your personal information.

If you would like further information about our policies and practices regarding the third parties (including our service providers) to whom we disclose your personal information and how these third parties collect, use, disclose and store personal information, please contact our Privacy Officer using the contact details below. Unless you are based in the EEA or UK, by providing personal information to us, you consent to our disclosure of this information to our service providers (and other third parties) as described in this Privacy Policy, including those that may be located outside of your jurisdiction of residence.

If you are based in California, and would like to know more about your rights with respect to the collection, use and disclosure of your personal information, please see the subsection entitled “Individual Rights” located in the section entitled “California Privacy Rights”.

Other Information that is Collected when you use the Website, App and Services

In addition to the personal information you may provide to us as described above, we automatically collect certain device and statistical information to make our Website, App and Services work better for you. For example, we collect the IP address, network connection, the device domain used to access our Website or App, the operating system on your device, your device settings, the type and version of your browser, crash data, other unique device identifiers, the mobile application or website you came from to access the Website or App, the page you entered and exited at, any searches, pages or advertising within our Website or App that is viewed by that IP address and what country you are from. We use this information to monitor the performance of our Website, App and Services (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our Website, App and Services.

Our Website and App use cookies and other technologies that are similar to cookies (“Cookies”). A Cookie is a small file of letters and numbers that we may set on your device to store and sometimes track information about you. Cookies and similar technologies we use are designed for “analytics”. This allows us to distinguish you from other users of the Website, App and Services. This helps us to provide you with a good experience when you use the Website, App and Services and allows us to improve our Website, App and Services.

First party Cookies are Cookies set by the website that you are visiting. Only that website can read them. In addition, a website might potentially use external services, which also set their own Cookies, known as third-party Cookies.

Persistent Cookies are Cookies saved on your computer and that are not deleted automatically when you quit your browser, unlike a Session Cookie, which is deleted when you quit your browser.

We use the following Cookies:

Strictly Necessary Cookies. These are Cookies that are required for the operation of our Website and App. They include, for example, Cookies that enable you to remember information you have typed into an online form.
Analytical/Performance Cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Website and App when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Preference/Functionality Cookies. These are used to recognize you when you return to our Website or App. This enables us to remember your preferences.
Targeting/Marketing Cookies. These Cookies record your visit to our Website and/or App, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose

We also may use third party cookies from our third party service providers, such as Google Analytics, Google Adwords and Facebook, to monitor and manage your activity during a session on our Website or App. These cookies track information such as sessions, user inputs and user authentication. Our service providers may also use cookies to determine whether you navigated to the Website or App from an external website or link to track the effectiveness of external postings.

Kidstory also utilizes your IP information to help determine the city that you are in. Subsequent, location information is only collected if you input further details into your profile that is relevant to the activities for which you intend to use the Website, App and Services. In addition, Kidstory collects your transaction details, which include the type of service(s) you have ordered on or through the Website, App and Services, the date, time and price of such services and the method of payment.

Most internet browsers allow you to remove or manage Cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your internet browser or visit https://www.aboutcookies.org/how-to-control-cookies/. Please note that disabling our Cookies may result in your inability to take full advantage of all of the features of our Website and Services.

Your Consent is Important to Us

It is important to us that we collect, use or disclose your personal information where we have your consent to do so, unless you are based in the EEA / UK, in which case we may rely on other legal bases for processing your personal information. Unless you are based in the EEA / UK, depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavour to advise you of that purpose before such use or disclosure.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. If you withdraw or vary your consent, we may not be able to provide you with the communications and/or Services you request through our Website and App. For example, if you would like to receive our newsletter, but are not willing to provide your email address, we will not be able to fulfil your request.

Unless you are based in the EEA or UK or you advise us otherwise, through the access and use of our Website, App, Services and communications, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

For further information about how we use your personal information if you are based in the EEA or UK, including the legal bases we rely on to process your personal information as an alternative to obtaining your consent, please see the EEA and UK section of this Privacy Policy.

Protection of Personal Information

Kidstory will endeavour to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. While we use all commercially reasonable efforts to protect the information you submit to us, no method of transmission over the internet or electronic storage is 100% secure.

Please note that personal information stored on servers in the custody of our service providers may be subject to access by the law enforcement authorities of those jurisdictions in which the service providers or the servers are located. Our Privacy Officer, whose contact information is provided below, can provide further information about our policies and practices regarding service providers located outside of Canada and further information about how these service providers, collect, use, disclose or store personal information on our behalf.

The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

Your Responsibilities

You are responsible for keeping your user account password private and confidential and for all activities that occur through the use of your user account. You agree to maintain the confidentiality of your user account and notify us immediately of any unauthorized use of your user account or any other breach of security relating to your account. Kidstory will not be liable for any loss or damage arising out of your failure to comply with this section. You may be issued a new password or required to change your password from time to time. We encourage you to create a secure password.

Retention of Personal Information

We will retain your information for as long as your account is active or as otherwise required to process payments for your subscription for the Services. We may also retain and use your information as we deem necessary to comply with our business or legal obligations, and to resolve disputes and enforce our agreements.

Your Access to Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes. You can access and change your information through your user account through the settings button at any time.

You also have a right to review any of the information that we hold about you and learn about how we have used it or to whom we have disclosed it by contacting us. Subject to any exceptions prescribed by law, you can access and correct your personal information and challenge the accuracy and completeness of the information we have about you. We may deny access when required or authorized by law. For example, we may deny access when granting access would have an unreasonable impact on other people’s privacy or when necessary to protect our confidential commercial information and the requested information cannot be severed from the balance of the record in which it is contained. If we deny your request for access to, or refuse a request to correct information, we will explain why.

Personal Information of Minors

Our Website, App and Services are not intended to solicit information of any kind from individuals under the age of 13 or the minimum legal age in their jurisdiction of residence to use the Website, App or Services (“Minors”) without the required consent and supervision from their parents/guardians. If we become aware of any information we possess that may belong to a Minor, we will immediately obtain parental consent to delete this information from our servers. If you are a parent/guardian and you suspect that your child may have submitted personal information to us, please contact our Privacy Officer at privacy@kidstory.life.

The Website, App and Services are intended to comply with the United States Children’s Online Privacy Protection Act (“COPPA”). If you reside in the United States, we encourage you to visit visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for more information about COPPA and children’s privacy. In the event that we become aware that we have collected COPPA-restricted personal information from any child other than as permitted under that law, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information (as defined by COPPA) without COPPA-required consent, please write to: privacy@kidstory.life.

This Privacy Policy only applies to our Website and App

This Privacy Policy does not apply to the privacy practices of these third party websites, applications or social media platforms (including those of other users) which might collect personal information from you.

Our Website, App and Services might have links in them that take you to a website, application or social media platform that we do not control and that may be subject to less stringent privacy standards. These links are provided for your convenience only and you assume all risk for clicking these links. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites, applications, social media platforms or other pages, including how such parties collect, use and/or disclose your personal information. Please make sure you read the privacy policies of these other websites, applications and social media platforms carefully. We do not endorse nor are we responsible for the content, products, services or policies or any information on these third party sites. Your use of any linked sites is at your own risk.

Interpretation of this Privacy Policy

This Privacy Policy is subject to the laws of the Province of Ontario and the federal laws of Canada applicable therein. This Privacy Policy does not create or confer upon any individual any rights, or impose upon Kidstory any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada’s federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Contact Us

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction. We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

by email to:

privacy@kidstory.life

by mail to:

10 Alcorn Avenue, Suite 303, Toronto, Ontario M4V 3A9

**If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us.**

PRIVACY NOTICE FOR USERS BASED IN THE EEA AND UK

This section is applicable to you only if you are based in the EEA or the UK. To the extent there is any inconsistency in this Privacy Policy between any terms of this section and any terms in the rest of the Privacy Policy, the terms of this section will govern if you are based in the EEA or the UK.

This section of the privacy policy includes information that is specific to how we process the personal information of users of our Website, App and Services who are based in the EEA and the UK. For the purposes of the EU’s General Data Protection Regulation (“GDPR”) Kidstory is the data controller and can be contacted in accordance with the “Contact Us” section of this Privacy Policy above. Kidstory is a 'data controller' subject to the GDPR only insofar as we are offering goods or services to individuals in the EEA / UK or where our Website, App or Services may be used to monitor individuals' behavior as far as it takes place in the EEA / UK.

Our legal bases for using personal information

Data controllers need a lawful basis to collect and use your personal information under the GDPR. The law allows for six legal bases for processing personal information (and additional conditions for processing sensitive personal information, which the GDPR calls “special categories of personal data”, and which include health information). Four of these legal bases are relevant to the types of processing that Kidstory carries out. This includes where your personal information is processed on the basis of:

performing a contract with you – principally, where the processing of your personal information is necessary to supply the Website, App or Services and related products and services to you in accordance with our Terms. Please note that some of your personal information is necessary for the performance of our obligations under our Terms, and without this personal information we may not be able to provide you with the communications and/or services you request through our Website, App or Services;
Kidstory’s legitimate interests, including our commercial interests in operating our business securely, sustainably and profitably – for example where we send you administrative information, including information regarding the Website, App, Services and changes to our Terms, procedures or policies.
A person’s consent – for example, if we send you marketing materials by email, this will be because you consented to this; and
Processing that is necessary for compliance with a legal obligation – for example where we need to comply with statutory or financial reporting or other regulatory compliance obligations.

Data transfers outside of the EEA

In the course of providing the Website, App or Services and relating products and services to you, we will transfer your personal information outside of the EEA, principally to Kidstory’s offices in Canada and servers in the United States; this means that your personal data will not have the automatic protection of European data protection laws (including the GDPR) which apply in the EEA. In these circumstances, in order to ensure that your personal information continues to have adequate protection when it is transferred outside the EEA, your personal information will only be transferred on one of the following bases:

where the transfer is subject to one or more of the "appropriate safeguards" for international transfers prescribed by applicable law (for example, standard data protection clauses adopted by the European Commission);
a European Commission decision provides that the country or territory to which the transfer is made ensures an adequate level of protection (which is the case for Canada, under the European Commission’s decision of 20 December 2001 in respect of the Personal Information Protection and Electronic Documents Act); or
there exists another situation where the transfer is permitted under applicable law (for example, where we have your explicit consent).

You can obtain more details of the protection given to your personal data when it is transferred outside the EEA by contacting us using the details set out below.

Your rights in relation to personal information

Under the GDPR, you have the following rights in relation to our processing of your personal information. Please note that these rights are not absolute, and we may be entitled or obliged to refuse requests where exceptions or exemptions apply:

to obtain access to, and copies of, the personal information that we hold about you;
to require us to correct the personal information we hold about you if it is incorrect;
to require us to erase your personal information in certain circumstances;
to require us to restrict our data processing activities in certain circumstances;
to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on you;
to receive from us the personal information we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal information to another data controller; and
where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal.

Note: If you have given your consent and you wish to withdraw it, please contact us using the contact details set out above. Please note that where our processing of your personal information relies on your consent and where you then withdraw that consent, we may not be able to provide all or some aspects of our services to you and/or it may affect the provision of those services.

If you are not satisfied with how we are processing your personal information, you can make a complaint to a data protection supervisory authority in the EEA or UK, including the data protection regulator in the EEA country or UK where you or your organization is located. A list of data protection authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en.

Please note that the rights described above are not absolute and legal exceptions may apply.

CALIFORNIA PRIVACY RIGHTS

We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.

Kidstory may collect the following categories of personal information:

identifiers (as defined in Cal. Civ. Code 1798.140(o)(1)(A))
personal information (as defined in Cal. Civ. Code 1798(o)(1)(B))
commercial information (as defined in Cal. Civ. Code 1798(o)(1)(D))
internet or other electronic network activity information (as defined in Cal. Civ. Code 1798(o)(1)(F))
geolocation data (as defined in Cal. Civ. Code 1798(o)(1)(G))
sensory data (as defined in Cal. Civ. Code 1798(o)(1)(H))
inferences drawn (as defined in Cal. Civ. Code 1798(o)(1)(K))

We collect identifiers, personal, protected classifications, and sensory data directly from you. We collect commercial information by keeping a log of your transactions. We collect internet and other electronic network activity, geolocation, and inferences based on your interactions with our Website, App and Services.

Your personal information is used for the purposes outlined in the sections entitled “Our Purposes for Collecting Personal Information” and “Use of Personal Information”. We share your personal information in accordance with the section entitled “Sharing of Personal Information”. Please note:

in the preceding 12 months, we have not sold personal information about consumers; and
in the preceding 12 months, we have not sold personal information about minors.

Individual Rights

Right to Know About Personal Information Collected, Disclosed, or Sold (if Applicable)

You have the right to request that Kidstory disclose the personal information it collects, uses, and discloses about you to third-parties. There are two types of Rights to Know requests that you can make:

1. Right to Know (Abbreviated Request): If you make a Right to Know (Abbreviated Request), you will receive the following information about you:

categories of personal information collected;
categories of sources from which personal information is collected;
business purpose for collecting or selling personal information; and
categories of third-parties with whom personal information is sold, if applicable.

2. Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:

specific pieces of personal information collected about you.

This information will be provided to you free of charge, unless Kidstory determines that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period. There are certain exceptions to a consumer’s Right to Know. Kidstory will state in its response if an exception applies.

Right of Deletion

You have the right to request that Kidstory and our service providers delete any personal information about yourself which Kidstory has collected from you upon receipt of a verifiable request. This right is subject to certain exceptions. Kidstory will state in its response if an exception applies.

Right to Opt-Out of the Sale of Personal Information (if Applicable)

You have the right to opt-out of the sale of their personal information by a business subject to certain laws and regulations. Kidstory does not, and will not, sell any personal information of California consumers. Kidstory will update this Privacy Policy and comply with applicable laws and regulations in the event that it sells personal information of California consumers in the future.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law. Kidstory will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Submitting Requests

You can submit your request by contacting us using the information set out in the section entitled “Contact Us” above.

Verifying Requests

Kidstory must verify that the person requesting information or deletion is the California consumer about whom the request relates in order to process the request. To verify a California consumer’s identity, we may request up to three pieces of personal information about you when you make a request to compare against our records. We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request. Kidstory reserves the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

Authorized Agents

You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, Kidstory requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with Kidstory. Failure to do so may result in Kidstory denying your request.

Kidstory

Terms of Use

1. Overview

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE OR ACCESS OUR WEBSITE, APP OR ANY OF OUR SERVICES. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KIDSTORY. BY ACCESSING OR USING THE WEBSITE, APP OR THE SERVICES, YOU CONFIRM YOUR AGREEMENT TO ACCEPT AND BE BOUND BY THESE TERMS, AS THEY BE AMENDED FROM TIME TO TIME (SEE BELOW), IN RELATION TO YOUR ENTIRE RELATIONSHIP WITH KIDSTORY, BOTH BEFORE AND AFTER YOUR ACCEPTANCE OF THESE TERMS. If the individual who accepts these Terms is accepting on behalf of a company or other legal entity, that individual represents that they have the authority to bind that entity and its affiliates to these Terms, in which case the term “you”, “your”, and “yourself” also refers to that entity and its affiliates. If the individual who accepts these Terms does not have that authority, or does not agree with these Terms, that individual and the company or other legal entity they represent must not accept these Terms and may not access or use the Website, App or the Services.

IN ADDITION, BY USING OUR WEBSITE, APP OR THE SERVICES AS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR OF LEGAL AGE IN YOUR JURISDICTION REQUIRED TO FORM A BINDING CONTRACT IF THAT AGE IS OVER 18).

Residents of Quebec are not permitted to use or access the Website, App or Services. If you are a resident of Quebec, please do not use or access the Website, App or Services or submit any personal information on or through the Website, App or Services.

2. Privacy

We care about your privacy. Any information that you provide to Kidstory is subject to our Privacy Policy, a copy of which is available at https://kidstory.life/privacy.html, which governs our collection, use disclosure of your personal information. You understand that through your use of the Website, App and Services you consent to the collection, use and disclosure (as set forth in the Privacy Policy) of your personal information, including the transfer of this information outside of Canada to other countries for storage, processing and use by Kidstory (as set forth in the Privacy Policy). As part of providing you with access and use of the Website, App and Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your user account, which you may not be able to opt-out from receiving.

3. Access to and Use of the Website, App and the Services

To access or use the Website, App or the Services you must sign up for, open, and maintain an account with Kidstory. Before completing the sign-up process for the type of account that you choose to create, you will be required to indicate your acceptance of these Terms. By creating an account, you represent, warrant, and covenant that you (i) can form a binding contract with Kidstory; (ii) will comply with these Terms and all applicable laws, rules, and regulations; (iii) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (iv) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times.

You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Website, App or Services via your account. Kidstory hereby disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else’s use of your account, username, or password, either with or without your knowledge.

We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Kidstory immediately of any breach of security or unauthorized use of your account. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

To close or cancel your account, send an email to info@Kidstory.life and provide your name, the email address associated with your account, and a phone number where you can be reached.

4. Payment Obligations

You acknowledge and agree that Kidstory hereby reserves the right to provide the Website, App and the Services to you for free or to charge you for access to and use of the Website, App and/or the Services (or certain features thereof). You will not be charged any fees for your access to or use of the Website, App and/or the Services (or certain features thereof) without your prior agreement to pay such fees. You acknowledge and agree that the Website, App and/or Services (or certain features thereof) may be made unavailable to you if you decide not to pay the fees or charges associated with your continued access to or use of the Website, App and/or Services (or certain features thereof). You further acknowledge and agree that to the extent that your access or use of the Website, App and/or the Services (or certain features thereof) is terminated for any reason, Kidstory will have no obligation to store and/or preserve your User Content and may delete or remove such User Content from the Website, App and/or Services in its sole discretion.

In addition, Kidstory may provide you with the opportunity to access and/or purchase the products and services of third-parties through the Website, App and Services (e.g., exporting your User Content in unique and creative ways through photobooks, framing, custom gifts, etc.). The details of these products and services will be made available to you when such products and services become available on or through the Website, App and Services.

5. Proprietary Rights and Licenses

Grant of License to use the Website, App and Services

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Website, App and Services for your personal, noncommercial use only and as permitted by the features of the Website, App and Services and in accordance with these Terms. Kidstory reserves all rights not expressly granted under these Terms in and to the Website, App, Services and the Content (as defined below). Kidstory may terminate this license at any time for any reason or no reason. Your Kidstory account gives you access to the Website, App and Services and functionality that we may establish and maintain from time to time, in our sole discretion.

Ownership of the Website, App and Services

You acknowledge and agree and agree that the Website, App and Services, including any and all intellectual property rights in or related to them, are, will be, and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the Website, App or Services convey or will convey to you any right, title, or interest in or in relation to the Website, App or Services. All rights in and to the Website, App and Services, and the intellectual property in and related to them are expressly reserved by their owner(s), except to the extent of the licence expressly granted to you in these Terms.

Ownership of Content

You acknowledge and agree that, except for public domain material and your personal information, all content, information, documents, and material on or that form part of the Website, App and Services from time to time (the “Content”) are protected by copyright and other laws and are, will be, and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. All rights in and to the Content are reserved by its owner(s) except to the extent of the limited licence expressly granted to you in these Terms. Other than to the extent expressly authorized in these Terms, you may not directly or indirectly host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, communicate to the public by telecommunication, make available, sublicense, sell, reverse-engineer, decompile, disassemble, merge with other data, translate, modify, or otherwise exploit the Content, in whole or in part, or authorize else to do so, without the express prior written consent of its owner(s).

Ownership of Trademarks

You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by Kidstory in connection with the Website, App or the Services (the “Trademarks”) are and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. All rights in and to the Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or licence to use any Trademark without the express written consent of its owner.

Ownership of Data

You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Website, App and the Services (collectively, “Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Kidstory, its affiliates, its licensors, or their respective successors and assigns. You further acknowledge and agree that the Data is an original compilation protected by copyright law, Kidstory has dedicated substantial resources to collect, manage and compile the Data, and the Data constitutes trade secrets of Kidstory. All rights in and to the Data, and the intellectual property in and related to the Data, are expressly reserved by their owner(s), except to the extent of the limited licence expressly granted to you in these Terms.

6. User Content

Please read the following terms carefully. This section 5 relates to your creation and/or submission of User Content (as defined below) on or through the Website, App and the Services. Under this section, you are required to grant broad and significant rights to Kidstory, users of the Website, App and the Services, and others, in relation to the User Content that you provide and/or make available on and through the Website, App and the Services.

Definition of Use Content

“User Content” means any content, information, documents or other materials, including without limitation, text, images, photographs, works, copy, captions, taglines, slogans, concepts, designs, layouts, artwork, audio, videos, video recordings, digital recordings, footage, music, sound recordings or any other literary, dramatic, musical or artistic works that you create, submit, upload, publish or otherwise make available on or through the Website, App or the Services.

Grant of License to User Content

This section describes the nature of the license you agree to grant to Kidstory so that Kidstory can ensure that the User Content you provide can be used (i) as you intend on or through the Website, App and the Services; (ii) in connection with the operation of the Website, App and Services. Kidstory does not intend to use any User Content for purposes other than making the Website, App and Services available and facilitating your and other users’ use of the Website, App and Services. Kidstory will not sell or otherwise use your User Content other than for the purposes described in these Terms without your permission.

By creating, submitting, uploading, publishing or otherwise making available any User Content on or through the Website, App or the Services you hereby grant Kidstory the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, communicate to the public, perform, transmit, broadcast, make available, and otherwise exploit in any way the User Content and Adaptations (as defined below), including all copyrights and other intellectual property rights therein and thereto, in whole or in part, in any format or media now known or later devised, for or in connection with the Website, App and the Services, including providing the Services to Kidstory’s users in accordance with these Terms and authorizing the use of the User Content and Adaptations by those users in any way permitted by Kidstory and users from time to time (the “User Content Licence”). For clarity, and without limiting the foregoing, you agree that the User Content Licence includes the rights to modify, edit, and translate the User Content, combine and juxtapose the User Content with other content or materials, include the User Content in collective works, and create and exploit derivative works based on or including the User Content in whole or in part, including by posting, re-posting, sharing or otherwise making the User Content available on third party social media platforms (collectively, “Adaptations”).

Permissions

This section describes your obligation to obtain all necessary permissions from all persons who are depicted/featured in, or whose intellectual property is used in, the User Content that you submit.

You agree that before you create, submit, upload, publish, or otherwise make available any User Content on or through the Website, App or the Services, you will obtain from all persons who are, or whose intellectual or other property is, identified, depicted, or otherwise referred to in the User Content, all licences, permissions, consents, and waivers, including waivers of moral rights (“Permissions”) that are necessary for Kidstory, its users, and their respective affiliates, service providers, representatives, licensees, successors, and assigns to exercise their rights in and to the User Content in accordance with these Terms. If Kidstory determines that any Permission is in any way deficient, you must remove the affected material, or cause it to be removed, from the User Content or remove the User Content from the Website, App and the Services, and Kidstory may take any other steps it considers necessary or expedient to address the apparent deficiency. You further acknowledge and agree that you are solely responsible for keeping all Permissions current, at your sole cost and expense, for so long as the User Content remains available or accessible on or through the Website, App or the Services.

Representations and Warranties

You affirm, represent and warrant (i) that your User Content is original and you own all right, title, and interest in and to your User Content and any and all elements thereof or you have the rights in and to your User Content and have the consent of each and every identifiable natural person in the User Content to use and provide us with such person’s name, likeness, or other personal information in the manner contemplated by the Website, App, Services and these Terms, or the natural person’s parental consent in the case of any minors under the age of 18; and (ii) your User Content and our use thereof as contemplated by these Terms, the Website, App and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property, privacy, proprietary, confidentiality, and/or any other similar rights. Kidstory will not be responsible or liable for any User Content that you or any User provides and for any consequences thereof, including the use of your User Content by other users and third parties. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and you agree that Kidstory shall not be liable for any damages you allege to incur as a result of User Content.

User Feedback

Kidstory welcomes any feedback, comments and suggestions you may have to improve the Website, App and the Services (“Feedback”), either through the Website, App or Services or by contacting us directly at info@kidstory.life. You hereby grant Kidstory and its designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, make available, and otherwise exploit any Feedback you submit, for any purpose, without further obligation to you. No Feedback will be subject to any obligations of confidentiality and Kidstory will not be liable for any future use or disclosure of such Feedback.

7. Advertising Disclaimer

Kidstory does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods, or services available or unavailable from or through any third party advertised on or linked to through the Website, App or the Services (collectively, “Advertisers” and each an “Advertiser”). You agree that, if you use or rely on any Content, User Content, or data, advertisement, products, goods, or services purportedly available from or through any Advertiser, Kidstory is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with that use or reliance. Your dealings with any Advertiser or other user, and any terms, conditions, representations, or warranties associated with those dealings, are solely between you and that Advertiser or other user and do not involve Kidstory. You should make whatever investigations that you deem reasonable or necessary or appropriate before contacting, hiring, purchasing products or services from, or otherwise engaging with any Advertiser or other user.

8. Restrictions and Code of Conduct

The Website, App, Content and the Services are provided for your personal and non-commercial use and for informational purposes regarding our Website, App and Services only. Any other use of the Website, App, Content or the Services requires the prior written consent of Kidstory.

General

You agree that you will not attempt, nor permit any third party to, enter restricted areas of Kidstory’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. While using the Website, App or the Services, you agree to comply with these Terms and all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website, App and the Services. In addition, without limiting the foregoing, you agree not to engage in any of the following prohibited activities:

using any scraper, spider, robot or other automated means of any kind to access the Website, App or the Services, deep-link to any feature, Content or User Content on the Website, App or the Services, crawl the Website, App or the Services in any manner, or bypass any other measures we may use to prevent or restrict access to the Website, App or the Services;
overloading, flooding, spamming, mail-bombing the Website, App or the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website, App or the Services;
undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Content, User Content, Website, App or the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Content, User Content, Website, App or the Services other than as intended by Kidstory;
download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content, User Content or other information contained in the App, Website or the Services, except as expressly authorized by Kidstory in writing;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
violate, plagiarize or infringe our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
taking any action that imposes, or may impose, as determined in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Website, App or the Services or communications equipment, devices and/or computers connected to the Website, App or the Services;
uploading or otherwise transmitting to or through the Website, App or Services any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind;
collecting or harvesting any personal information, including account names, from, on or through the Website, App or the Services;
deleting the copyright and other proprietary rights notices on the Content, User Content, Website, App or the Services;
uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
impersonating another person or otherwise misrepresenting your identity or affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Website, App or the Services;
accessing, tampering with, or using any Content, User Content, user accounts, personal information or other information on the Website, App or the Services through any technology or means other than those provided or authorized by these Terms;
bypassing the measures we may use to prevent or restrict access to the Website, App or the Services, including without limitation features that prevent or restrict use or copying of any Content or to enforce limitations on use of the Website, App or the Service or the Content or User Content therein;
engaging in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms;
violating any applicable law or regulation; or
encouraging or enabling any other individual to do any of the foregoing.

User Content

Kidstory expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Without limitation, you agree that you will not post or transmit on or through the Website, App or the Services or to other users anything, including User Content, that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on or through the Website, App or the Services);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way;
is illegal or promotes or encourages any illegal activities;
promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
contains "masked" profanity (i.e., F*@&#);
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms.

Kidstory reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. You agree that Kidstory may use all information (including personal information), materials and records relating to your use of the Website, App or Services to investigate complaints or allegations of your or any third-party’s: (i) breach of these Terms; (ii) infringement of third-party rights; or (iii) unauthorized use of the Website, App or Services. Kidstory does not intend to disclose the existence or occurrence of any such investigation unless required by law or if requested by law enforcement officials.

9. Termination of Access

In addition to any right or remedy that may be available to us under these Terms or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Website, App or the Services, at any time with or without notice, and for any reason or no reason, including if Kidstory determines, in our sole discretion, that you pose a threat to the Website, App, Services or users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

To the extent that your access or use of the Website, App and/or the Services (or certain features thereof) is terminated for any reason, Kidstory will have no obligation to store and/or preserve your User Content and may delete such User Content in its sole discretion.

10. Linked Websites

The Website, App or the Services may provide links to third-party websites for your convenience only. Kidstory is not responsible for those websites and the inclusion of these links does not imply that Kidstory either monitors or endorses them. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Website or App. Your use of these third-party websites is at your own risk. Kidstory is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.

11. Monitoring

Kidstory is under no obligation to screen or monitor Content or User Content but may review Content and User Content from time to time in its sole discretion. Kidstory will make all determinations as to what User Content and Content is appropriate in its sole discretion. Kidstory may edit or remove any User Content or Content at any time without notice.

12. Internet Software or Computer Viruses

Due to technical issues with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website, App and the Services. Due to our ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the App or Website.

KIDSTORY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE, USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS OR OTHER CONTENT FROM THE WEBSITE.

Kidstory recommends that you install appropriate anti-virus and other protective software.

13. Access to the Internet

You acknowledge and agree that you are solely responsible for obtaining access to the Internet and the equipment necessary to use the Website, App and the Services. If you use your Facebook, Instagram iPhone Favourites or other photo source login(s) to register your account, you are authorizing us to access certain information in your Facebook, Instagram or iPhone Favourites account in accordance with our Privacy Policy.

14. Indemnity

You agree to indemnify, defend and hold harmless Kidstory, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms or applicable law.

15. No Warranties / Limitation of Liability

WHILE KIDSTORY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, APP OR SERVICES, KIDSTORY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. KIDSTORY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE, APP OR THE SERVICES. YOUR USE OF THE WEBSITE, APP OR THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, APP AND THE SERVICES, INCLUDING ALL CONTENT AND USER CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND KIDSTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE USER CONTENT OR CONTENT ON THE WEBSITE, APP OR THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KIDSTORY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDSTORY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, APP OR THE SERVICES OR ANY MATERIALS, USER CONTENT OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, APP OR THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDSTORY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, APP OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, USER CONTENT, AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL KIDSTORY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Governing Law

These Terms and your use of our Website, App and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Kidstory in connection with your use of our Website, App and the Services.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.

17. Copyright Dispute Policy (Canada)

If you believe that material or content that resides or is accessible on or through the Website, App or the Services infringes a copyright, please send a notice of claimed infringement to Kidstory, either by email at info@Kidstory.life or by mail to the following address: Kidstory Inc., 10 Alcorn Avenue, Suite 303, Toronto, Ontario M4V 3A9 The notice should contain the following information:

contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
identification of the work or other subject matter to which the claimed infringement relates;
a description of the claimant’s interest or rights in or to the work or other subject matter;
identification of electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that Kidstory is capable of finding and verifying its existence;
the date and time of the commission of the claimed infringement; and
any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

an offer to settle the claimed infringement;
a request or demand, made in relation to the claimed infringement, for payment or for personal information;
any reference, including by way of hyperlink, to such an offer, request, or demand; or
any other information that may be prescribed under applicable laws or regulations.

If the notice is not compliant with these requirements, Kidstory will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with these Terms, it is Kidstory’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that Kidstory has removed or disabled access to the material; and where Kidstory deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Website, App, the Services, and the Content, User Content and other materials they contain, in whole or in part.

18. Copyright Dispute Policy (United States)

Kidstory has adopted a general policy regarding copyright in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). Kidstory removes material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA provides the rules for reporting copyright infringement and for filing a counter-notification. If you believe your copyright is being infringed, you can report the alleged violation. Kidstory may, as determined by Kidstory in its sole discretion, terminate or suspend user accounts that are repeat infringers of the intellectual property rights of others. Kidstory also reserves the right to terminate user accounts based on even a single infringement.

If you believe that your copyright is being infringed, you can file a DMCA notification with Kidstory by emailing us at info@kidstory.life. Your DMCA notification must include all of the following information:

an electronic or physical signature of the owner of the copyright interest or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing on the copyrights work is located on our Website, App or Services, that is sufficient for Kidstory to locate the material;
your email address, address, and telephone number;
a statement by you that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and legal fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or person authorized to act on the copyright owner’s behalf.

You may also send DMCA notification to us at the following address:

10 Alcorn Avenue, Suite 303, Toronto, Ontario M4V 3A9

19. Entire Agreement

This Agreement and our Privacy Policy are the entire and exclusive agreement between Kidstory and you regarding the Website, App, Services, Content and User Content and these Terms supersede and replace any prior agreements between Kidstory and you regarding the Website, App, Services, Content and User Content.

20. Modifications

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. Kidstory will post the most recent version of these Terms be posted on our Website and App. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Website, App or the Services after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.

21. Severability

If any part of these Terms is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

22. No Waiver

The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

23. Assignment

These Terms are not assignable, transferable or sub-licensable by you except with Kidstory’s prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.

24. Questions

Should you have any questions regarding these Terms you may contact us at info@Kidstory.life.