Terms and Conditions for

What Kids Want (“WKW”)

Software Applications, Web Sites and Services

WKW requires that you carefully read and agree to the following Terms and Conditions before using any WKW software applications, websites and services. By accessing, browsing, or using WKW websites or using any WKW software applications or services, you accept and are bound by these Terms and Conditions. This document is subject to change by WKW at any time. Use of WKW software applications, websites and services after changes or modifications to these Terms and Conditions shall be deemed to constitute acceptance of such changes or modifications. 

If you do not agree to these Terms and Conditions, you are not authorized to access or use WKW software applications, websites and services, and you are to cease using our software applications and services. 

WKW websites, services and software applications must be downloaded by individuals 18 years of age or older or children under supervision of an adult. Children accessing any WKW website or using any WKW software applications or services under this agreement must use them under adult supervision. 

1 Prohibited Uses 

In accepting these Terms and Conditions, you agree to not use WKW applications or services in connection with the following prohibited uses: 

A. Violations of Law: You are prohibited from using WKW applications or services in or in connection with criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements. You also agree not to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any other person(s). If such violations occur WKW may and will report such activities to the appropriate law enforcement agencies, regulators, or other third parties. 

B. Security Violations: You are prohibited from attempting or carrying out any activities that may harm the security of WKW applications or services. Any attempts may also result in criminal or civil liabilities to you. Such violations include but are not limited to: 

1. Logging into an account of another without permission.
2. Downloading any applications without parental permission and supervision. 
3. Using any WKW applications or services without adult supervision.
4. Impersonating another user of any software applications. 
5. Accessing data of another or of WKW, or taking any action to obtain services not intended for your use.
6. Probing, scanning, or testing the vulnerability of applications, servers or computing infrastructure.
7. Tampering, hacking, modifying, or attempting to corrupt or breach security or authentication measures.
8. Transmitting material, electronic communications or electronic correspondence that [a] contains viruses, Trojan horses, worms, time bombs, cancelbots, or [b] causes or attempts to cause “flooding,” “mailbombing,” “crashing”, DDOS attacks on any website or computing infrastructure or any other devices or otherwise damages or disrupts any website or computing infrastructure.
9. Selling or giving access to your WKW account to someone else;
10. (10) Collecting data on any users. 

C. Threats or Threatening behavior: You are prohibited from threatening or using WKW software applications or services to harass or threaten others. This includes downloading software applications for the sole purpose of harassing others. 

D. Offensive and/or Unlawful materials: You are prohibited from using WKW software applications and services in connection with unlawful purposes. You are also prohibited from using any WKW software application, website or services for the propagation of offensive matter such as hate speech and pornography. 

E. Spam: You are prohibited from using WKW software applications, websites and services in any way to perpetuate spam. 

F. Harassment: You are prohibited from using WKW software applications, websites and services to harass or bother people. 

G. Miscellaneous Prohibitions:  You also agree that you will not use WKW software applications to (a) post or upload content meant to solicit (b) infringe the intellectual property rights of others (c) falsify, delete or mutilate author attributions or proprietary legal notices, (d) harvest, collect, accumulate or otherwise gather information about others. Such information includes but is not limited to email addresses or personally identifying information.   

WKW reserves the right to determine in its sole discretion, whether a user has used the WKW software applications, websites or services in an impermissible way. WKW also reserves the right to terminate access to WKW software applications, websites or services for any user WKW determines is using the software application, websites and services in a way deemed unfit. WKW may or may not notify you before taking such action against you. 

2. Privacy Policy 

WKW software applications collect no personally identifiable information on anyone. We are concerned with privacy of all and the safety of children who access the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we never request personally identifiable information from any user and, in particular, users under the age of 13. If we believe a user under the age of 13 has somehow provided us with information, we will use our best effort to remove such information from our records. If a parent or guardian becomes aware that their child has given us such information, they should contact us at privacy@whatkidswant.com. 

3. Intellectual Property 

WKW owns various copyrights in its software applications, including in the text, software, computer code, photos, video, graphics, music and sound included and provided with the WKW software applications. Nothing in this agreement shall be construed as giving any user the permission to use or create derivative works of anything included in its software applications. No copying, redistribution, retransmission, publication, exploitation (commercial or non-commercial) of the WKW software applications, any WKW websites and any related material is permitted without the express written permission of WKW.  Portions of the WKW software applications and websites are protected by copyright, trade dress, trademark, unfair competition, and other state and federal laws. The WKW software application, website and related materials may not be copied or imitated in whole or in part, by any means. Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any license or right to use any service mark or trademark owned or used by WKW. 

4. No Warranty; Disclaimers 

WKW makes no representation or warranties regarding its software applications, web sites and services. Software applications, web sites and services provided by WKW are downloaded and used on an “as is” basis. The user is required to read the instructions and use software applications, web sites and services properly and for their intended purpose.  Adult supervision is always required for download and use of WKW software applications and services. WKW makes no representation or warranty of any kind that the WKW software applications, websites and services will run continuously, be available at all times, will run without error or will continue to be operational in perpetuity. WKW reserves the right to discontinue at any time its software applications, websites or service partially or in their entirety. WKW will use its best efforts to post information about any feature and functionality changes and terminations to its websites.  

5. Indemnity 

By using the WKW software applications, web sites and services, you agree to indemnify and hold harmless WKW and all its affiliates and subsidiaries, officers, agents, employees, and suppliers, from and against any claims, suits, or demands, liability or expense (including reasonable attorney’s fees) arising from or in any way related to your use of WKW software applications, websites or services. If you misuse WKW software applications or services, you also agree to indemnify WKW for claims and damages incurred by WKW and/or third parties resulting from or in any way related to the misuse.  These claims include assertion of libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation in connection with software applications, websites or any related content, including any links; any breach by you of any duty, representation, warranty under this or any agreement with WKW, or any claim relating to a contaminated file, virus, worm, Trojan horse, or other device that could impair or injure any person or entity emanating from WKW software applications, services, websites or any related content. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to WKW. 

6. Governing Law 

You agree that your use of WKW software applications, websites and services shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement will be resolved in the federal courts of the central district of California.