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TERMS OF SERVICE

 

Effective May 25, 2018

 

Please read these Terms of Service and our Privacy Policy including Children’s Online Privacy Policy carefully before using INDIGO KIDS LTD. Service. 

Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.

References to “INDIGO KIDS,” “Us” or “We” mean INDIGO KIDS LTD., a company validly existing under the laws of British Virgin Islands.

In all cases, “INDIGO KIDS” “Us,” or “We” includes agents, consultants, employees, officers and directors.

 

  1. DEFINITIONS

Applications “Services” refers to Web-site and mobile applications developed, owned and operated by INDIGO KIDS which are primarily targeted at children.

Applications

Web-site” means www.indigokidsgames.com and/or the other domains operated by INDIGO KIDS.

Terms of Service” or “Terms” means these terms of service.

Virtual Items” means (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.

INDIGO KIDS Affiliates” refers to INDIGO KIDS’s subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors.

 

  1. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms, Privacy Policy, Children’s Online Privacy Policy and Cookie Policy at any time by posting the amended Terms, Cookie Policy, Children’s Online Privacy Policy or Privacy Policy on our Web-site or within the Service (such as through in-game notices). Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms, the Cookie Policy, Children’s Online Privacy Policy and the Privacy Policy and any other policies, codes or rules will be accessible at www.indigokidsgames.com or within the Services. 

If you have a dispute with INDIGO KIDS, the version of the Terms, Cookie Policy, Children’s Online Privacy Policy and the Privacy Policy in effect at the time INDIGO KIDS received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services. 

You can’t make changes to the Terms, Children’s Online Privacy Policy, Cookie Policy or Privacy Policy unless both you and INDIGO KIDS sign a written amendment. 

If the Terms or the Privacy Policy or Children’s Online Privacy Policy have provisions that conflict with other INDIGO KIDS terms or policies, the provisions in these Terms, Children’s Online Privacy Policy and the Privacy Policy win. 

 

  1. PRIVACY

INDIGO KIDS’s Privacy Policy together with Children’s Online Privacy Policy  tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others and about our information collection, disclosure, and parental consent practices with respect to information provided by children. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in INDIGO KIDS’s Privacy Policy and Children’s Online Privacy Policy. If you don’t agree with the Privacy Policy and Children Online Privacy Policy, then you must stop using our Services. 

We encourage you to read the INDIGO KIDS Privacy Policy and Children’s Online Privacy Policy carefully and use it to make informed decisions. 

 

  1. USING OUR SERVICES

We provide the games (mobile applications). You provide the equipment (phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service. 

 

Service Changes and Limitations:

INDIGO KIDS reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, INDIGO KIDS is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously earned or purchased. 

INDIGO KIDS MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND WEB-SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND INDIGO KIDS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. 

 

  • OWNERSHIP; LIMITED LICENSE
  • Games and Service:

    The Service is comprised of works owned by INDIGO KIDS., and it is protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. INDIGO KIDS owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. 

    So long as you abide by these Terms INDIGO KIDS grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. 

    If you violate these Terms, or any of Our other terms that apply to you, We may take action against you. In addition, you may be breaking the law, including violations of INDIGO KIDS’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY INDIGO KIDS GAME IS A VIOLATION OF INDIGO KIDS TERMS OF USEAND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 

    Virtual Items:

    Regardless of what anything else says in these Terms, or any other terms that may apply to features you may choose to use, you do not own in-game currency or items, regardless of whether you “earned” those items in a game or “purchased” them. INDIGO KIDS gives you a limited license to use Virtual items while We offer you the Services 

    You are not allowed to transfer Virtual Items outside of the Service (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void

    1. PAYMENT TERMS

    We provide a service in the form of access to games and Virtual Items. In the Service you may use “real world” money to obtain subscription to games or a limited license to use Virtual Items. 

     

    How it Works:

    Virtual Items and subscriptions to our games purchased on AppStore and Google Play Market will be subject to those platforms’ payment terms and conditions. INDIGO KIDS does not control how you can pay on those platforms. Please review those platforms’ terms of service for additional information. 

    For subscription to a game or Virtual Items, your order will represent an offer to Us to obtain a subscription or a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by Us when We accept your payment. 

    For orders to obtain a subscription or a limited license to use Virtual Items, by clicking the button on the purchase window or page you: 

    1. agree that We may start to supply your purchased subscription/Virtual Items immediately after you have clicked that button; and 
    2. if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the subscription/Virtual Item. 

    ALL SALES ARE FINAL:

    YOU ACKNOWLEDGE THAT INDIGO KIDS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR SUBSCRIPTION TO A GAME UNLESS OTHERWISE IS NOT DETERMINED BY THE RULES OF PLATFORMS OF APPLICABLE LAW

    Additional Payment Terms:

    You agree to pay all fees and applicable taxes incurred by you. INDIGO KIDS may revise the pricing for subscriptions to its games or Virtual Items it licenses to you through the Service at any time. 

     

    1. THIRD PARTY ADVERTISING

    Our Service and our games may feature advertisements from Us or other companies. Our Privacy Policy explains what information We share with advertisers. Please read it. 

    Sometimes We provide links in Our games or on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade (such as in-game currency) in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility. 

    We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Service or games. Also, just because We allow a link to be included in Our games or Service does not mean We endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties. 

    Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you. Your relationship with that other company will control how it can use, store, and share your information.

     

     

    1. WARRANTY DISCLAIMER; SERVICES AVAILABLE ON AN “AS IS” BASIS

    Neither INDIGO KIDS nor any INDIGO KIDS Affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free. 

    USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INDIGO KIDS AND ANY INDIGO KIDS AFFILIATE MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. INDIGO KIDS AND ANY INDIGO KIDS AFFILIATE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE. 

    If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.

     

    1. LIMITATIONS; WAIVERS OF LIABILITY

    YOU ACKNOWLEDGE THAT THE INDIGO KIDS AND INDIGO KIDS AFFILIATES ARE NOT LIABLE 

    (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR 

    (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. 

    THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES. 

    TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). 

    TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF INDIGO KIDS AND/OR THE INDIGO KIDS AFFILIATES IS LIMITED TO $10.00. 

    Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries. 

     

    1. INDEMNITY

    If you use or misuse the Service, or if you violate these Terms or any other applicable rules,  and that results in loss or damage or in a claim or liability against INDIGO KIDS or any INDIGO KIDS Affiliate, you agree to indemnify, defend and hold harmless INDIGO KIDS and/or the INDIGO KIDS Affiliate (which means you agree to compensate INDIGO KIDS and/or the INDIGO KIDS Affiliate on a “dollar for dollar” basis) for that loss, damage, claim or liability, including compensating INDIGO KIDS and/or the applicable INDIGO KIDS Affiliate for our legal fees or expenses. If INDIGO KIDS or the INDIGO KIDS Affiliate wants to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in INDIGO KIDS’s and/or the INDIGO KIDS Affiliate’s defense of these cases. INDIGO KIDS and/or the INDIGO KIDS Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services.

    1. APPLICABLE LAW

    These Terms and our relationship will be governed by laws of British Virgin Islands, except for its conflicts of laws principles. 

     

    1. VENUE FOR LEGAL DISPUTES

    Judicial proceedings must be brought in the courts of the British Virgin Islands, unless we both agree to some other location, and you and INDIGO KIDS both consent to venue and personal jurisdiction in British Virgin Islands. 

     

    1. SEVERABILITY

    If any part of these Terms Children’s Online Privacy Policy or the Privacy Policy is not enforceable, the rest of these Terms, Children’s Online Privacy Policy and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible. 

     

    1. ASSIGNMENT

    We may give our rights, or Our obligations, under these Terms, Children’s Online Privacy Policy or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Children’s Online Privacy Policy or our Privacy Policy without first getting INDIGO KIDS’s written consent, and any attempt to do so without our consent is void. 

     

    1. ENTIRE AGREEMENT

    These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us. 

     

    1. LANGUAGE OF THE TERMS

    If We provide a translated version of these Terms, Children’s Online Privacy Policy the INDIGO KIDS Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies. 

     

    1. NO WAIVER

    If We do not enforce a provision of these Terms, Children’s Online Privacy Policy or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, Children’s Online Privacy Policy or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding. 

     

    1. NOTICES

    We may notify you by posting something on www.indigokidsgames.com, or in the INDIGO KIDS’ game(s) you play. 

     

    1. EQUITABLE REMEDIES

    You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms if you breach these Terms, Children’s Online Privacy Policy and/or our Privacy Policy, or intend to breach these Terms, Children’s Online Privacy Policy or Privacy Policy, money damages alone will not be enough to repair the harm to INDIGO KIDS. Therefore, INDIGO KIDS may seek injunctive or other equitable relief (e.g., get a court order to make you stop doing whatever you’re doing that is causing harm) if you breach or intend to breach these Terms, Children’s Online Privacy Policy or our Privacy Policy and INDIGO KIDS does not have to post any bond or surety or submit proof of damages. 

    You agree to limit your claims to claims for money damages, as limited by Section 9 (Limitations; Waivers of Liability). And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service or any INDIGO KIDS’ Game. 

     

    1. FORCE MAJEURE

    We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

     

    1. CONTACT INFORMATION

     

    How You may contact us:

     

    Indigo Kids Inc.
    Located at Drake Chambers, Road Town, Tortola,

    P.O. Box 3321, British Virgin Islands
    Company Registration Number: 1779431

    Website: http://indigokidsgames.com/en/  

    Email: [email protected]