- GENERAL RULES & DEFINITIONS
1.1 If the User (“you”) chooses to use www.wisdomofkids.com, or any of the related or affiliated websites, web-pages, mobile sites or applications (individually and collectively, referred to as the “Site”), and/or chooses to use any of the related features of the Site services (collectively, with the Site, referred to as the “Services”), you will be agreeing to abide by all of the terms and rules of these Terms and Conditions between you (“you”) and The Wisdom of Kids Limited.
1.2 The term ‘The Wisdom of Kids’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website, The Wisdom of Kids Limited, whose registered business address is The Coach House, Ealing Green, London W5 5ER. The term ‘you’ refers to the user or viewer of our website.
1.3 In section 3, the term “User Content” refers to any words, quotes, anecdotes, stories, ideas, concepts, drawings, photographs, or other materials or items that you submit to The Wisdom of Kids Limited using our Site, our Services or any other means of communication with or to The Wisdom of Kids Limited. You certify and acknowledge that you wholly own any User Content you submit to us, or that you have the sole and exclusive right to permit The Wisdom of Kids Limited and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees to use, edit, publish and otherwise exploit your User Content without obligation or liability to you or any other party whatsoever.
1.4 We may change, add or remove portions of these Terms and Conditions at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions prior to each use of the Services and by continuing to use the Services, you agree to any changes.
1.5 We may change, suspend or discontinue any aspect of the Services at any time.
1.6 The Services shall be used by you only in a non-commercial manner.
2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by The Wisdom of Kids Limited or the party credited as the provider of the Content. You shall abide by all applicable copyright laws and additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services in whole or in part, except as provided in Sections 2.2 and 2.3 of these Terms and Conditions.
2.2 You may print or download the Content displayed on the Services for personal use only, provided that (a) you maintain all copyright and other notices contained therein, (b) you do not modify the content, (c) you do not use the content in a manner that suggests The Wisdom of Kids Limited promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Wisdom of Kids Limited or the copyright holder identified in the Content.
2.3 You may link to the Content on your personal web site, weblog, or similar application for personal, non-commercial purposes, providing you abide by the following provisions: (a) the links must redirect the user to The Wisdom of Kids Limited Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable The Wisdom of Kids Services page, (c) the use or display does not suggest that The Wisdom of Kids Limited promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content.
2.4 If you wish to use the Content in any way not enumerated in Section 2.3 above, express prior written consent is required. Please contact us by post (address above) or by email via our Contact Us page.
- USER GENERATED CONTENT AND SUBMISSIONS
3.1 The Services may contain comments sections, email forms (such as on the “Contact Us” page and on the “Get Involved” page of www.wisdomofkids.com) discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post, upload, email or otherwise submit comments or user-generated content such as: words, quotes, anecdotes, stories, ideas, concepts, drawings, photographs, or other materials or items (collectively referred to as “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to The Wisdom of Kids Limited, whether submitted in an Interactive Area or by other means (including but not limited to submitting via post or via social media), you represent that you are 18 years of age or older and, if you are under the age of 18, you represent that you have obtained the legal consent of your parent or legal guardian to enter into these Terms and Conditions, submit User Content, participate on the Services, and fulfill the obligations set forth in these Terms and Conditions, which forms a binding contract between you and The Wisdom of Kids Limited.
3.2 You confirm and warrant that the User Content you are submitting is completely original, you are the sole author of the User Content and you are not infringing anyone’s copyright. If you are not the sole author of the User Content, you confirm and warrant that you have obtained the legal consent of the copyright holder to enter into these Terms and Conditions, submit content, participate on the Services, and fulfill the obligations set forth in these Terms and Conditions, which forms a binding contract between you and The Wisdom of Kids Limited.
3.3 You acknowledge that any User Content you submit to the Services may be edited, removed, modified, published, transmitted, and displayed by The Wisdom of Kids Limited, and you waive any rights you may have in having the User Content altered or changed in a manner not agreeable to you.
3.4 You grant The Wisdom of Kids Limited a perpetual, royalty free, irrevocable, sub-licenseable, non-exclusive global license to the User Content, which includes without limitation the right for The Wisdom of Kids Limited or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, sell, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Content submitted or posted by you on or to the Services or on or to an Interactive Area, and shall include any User Content posted on or to the Services through a third party and shall include any Content submitted or posted on or to any of the related or affiliated websites, web-pages, mobile sites or applications, including but not limited to The Wisdom of Kids Facebook page, The Wisdom of Kids Twitter page and websites or blogs hosting authorised competitions on behalf of The Wisdom of Kids Limited. You warrant that our use and posting or other transmission of such User Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant The Wisdom of Kids Limited the right to pursue at law any person or entity that violates your or The Wisdom of Kids Limited rights in the User Content by a breach of these Terms and Conditions. Whether we enforce this right shall be at our sole discretion (we shall not be obliged to take legal action should we not wish to).
3.5 Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by The Wisdom of Kids Limited or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release The Wisdom of Kids Limited, and its licensees, successors and assigns, from any claims that you could otherwise assert against The Wisdom of Kids Limited by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
3.6 You are solely responsible for the content of the User Content you submit. However, while The Wisdom of Kids Limited does not and cannot review every submission and is not responsible for the content of these messages, The Wisdom of Kids Limited reserves the right to delete, remove, move, or edit User Content that it deems, in its sole discretion, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable for any reason.
3.7 You represent and warrant that if any persons aged under 18 (“Minors”) appear in your User Content, that you are the mother, father or duly appointed guardian of such Minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such Minors to grant the rights set forth herein to The Wisdom of Kids Limited on behalf of such Minors.
3.8 For the avoidance of doubt, these Terms and Conditions apply to User Content submitted to The Wisdom of Kids Limited, be it via the Site, and/or the Services and/or via email, Twitter, Facebook, telephone, postal services (to our registered business address or our design studio address), as well as through www.wisdomofkids.com and/or any of the affiliated or related websites, which may include, but is not limited to, websites and/or blogs that have been authorised by The Wisdom of Kids limited to run competitions, giveaways etc.
- THIRD PARTY CONTENT
4.1 The Wisdom of Kids Limited neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, comment or statement made on the Services by any third party. By providing links to other sites, The Wisdom of Kids Limited does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to The Wisdom of Kids Limited or the Services. Under no circumstances will The Wisdom of Kids Limited be liable for any loss or damage caused by your use or reliance on information obtained through the Services. The Wisdom of Kids Limited is not responsible for any actions or inaction on your part based on the information that is presented on the Services.
4.2 Through this website you are able to link to other websites which are not under the control of The Wisdom of Kids Limited. We have no control over the nature, content and availability of those sites.
- REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account, including User Content, will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, moral rights, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you have the legal right to submit the User Content and (c) if you submit User Content or personally-identifying information on or through the Services, you are at least 18 years old
5.2 You hereby indemnify, defend and hold harmless The Wisdom of Kids Limited and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability, losses, damages and costs, including, without limitation, reasonable solicitors’ fees, judgments and/or penalties incurred by the Indemnified Parties in connection with any claim arising out of, resulting from, based upon or incurred because of any breach by you or any user of your account of these Terms and Conditions or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Wisdom of Kids Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- LIMITATION OF LIABILITY
6.1 While we endeavour to keep the information contained in this website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, The Wisdom of Kids Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable for any reason, including but not limted to technical issues beyond our control.
6.2 IN NO EVENT WILL THE WISDOM OF KIDS LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND INFORMATION PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
6.3 THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
7.1 In the event that the Content or Services contain a contest, additional contest-specific rules may apply. By participating in the contest you agree to abide by both these Terms and Conditions and the rules for that contest. It is your responsibility to read and understand the rules of each contest in which you participate.
7.2 Correspondence, or requests for information regarding web posting, reprint, transcript or licensing of The Wisdom of Kids Limited material and or Content, should be sent to our postal address or via email using the email form on our Contact Us page.
7.3 These Terms and conditions are governed by and shall be construed in accordance with the laws of the England. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.