Terms of service
User terms & conditions
Effective Date: April 28th, 2022
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THE SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT, OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
Welcome to NaneKids, which is owned and operated by MVS Games Ltd. (“Company,” “we,” “us” or “our”). By purchasing a subscription to, registering an account for, or using NaneKids.com including all of the services provided therein, including any specific functionalities of our products and/or services and any other websites and applications that link to these Terms (collectively, the “Services”), you acknowledge that you have read and understood these Terms, and agree to be bound by them. Both these Terms and separate terms of service or sale documents may apply to your use of the Services or to a sweepstakes, service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. In these Terms, “you” refers to Adult Users of the Services and purchasers of accounts. An “Adult” is a person of legal age who can enter into a contract in the state in which the user resides; by or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms.CONTROLLER IDENTIFICATION
These terms are intended for parents and users of the services.
Company collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Privacy Policy (https://nanekids.com/Terms-Privacy ), which is incorporated by reference and made a part of these Terms.
You should read all of these Terms and also our Privacy Policy (the terms of which are incorporated into these Terms), but here are some key points:Summary of Key Points
By purchasing a subscription to, registering an account for, or using the Services, including any specific functionalities of our products and/or services, you accept these Terms. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT. Your use of the Services is AS IS, without warranty and will result in no liability to us
You should read all of these Terms and also our Privacy Policy (the terms of which are incorporated into these Terms), but here are some key points:Table of Contents
1. Description of Services. 2. Payments. 3. Services and Content Use Restrictions. 4. Disclaimer of Representations and Warranties. 5. Limitations of Liability.
Users of the Services (“Users”) include “Child Users” or “Students” (children who use the child-directed learning portion of the Services, including any specific functionalities of our products and/or services, “Adult Users” (including parents and guardians of Child Users, teachers and school administrators).1. Description of Services.
C. We may change your fee at any time at our sole discretion at the end of your subscription period. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.2. Payments.
(i) Authorization to Charge for Services. You must either use a credit card, debit card or other payment mechanism accepted by us (e.g., Google Play Store, Apple’s iTunes App Store) (“Pay Mechanism”) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when you are subscribing to any period. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
(ii) Subscription Renewal. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section below. We will charge your credit card (or the other method of payment initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.
(iii) Subscription Cancellation. Unless you purchased your subscription through Apple’s iTunes App Store or Google Play Store to cancel your subscription and avoid future billing, you may cancel your Account prior to its renewal date.
- How can I cancel my Nane Kids subscription on App Store?
- How can I cancel my Nane Kids subscription on Google Play Store?
You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right; (ii) You shall not disparage Company’s performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees. (iii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so; (iv) engage in any activity (other than the use of specific features of the Services, such as Site Timer or Activity3. Services and Content Use Restrictions.
(v) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders); (vi) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vii) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content; (viii) use the Services for commercial or political purposes; (ix) disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or (x) otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.4. Disclaimer of Representations and Warranties.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
The Services (including the Content and the User-Generated Content); The functions, features, including any specific functionalities of our products and/or services, or any other elements on, or made accessible through, the Services; Any products, services, or instructions offered or referenced at or linked through the Services; Whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device); The specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and Whether your use of the Services is lawful in any particular jurisdiction.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND,5. Limitations of Liability.
including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The Services (including the Content and the User-Generated Content and any specific functionalities of our products and/or services); Your use of or inability to use the Services, or the performance of the Services; The failure of a child user to learn or otherwise benefit educationally from their use of the Services; Any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Services, including any specific functionalities of our products and/or services; Any action taken in connection with copyright or other intellectual property owners or other rights owners; Any errors or omissions in the Services’ technical operation; or Any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
Entire Agreement. These Terms constitute the entire agreement and understanding between Company concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and Company. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, these Terms shall take precedence.
J. Contact Us. If you have any questions or concerns with respect to these Terms or the Services, you may contact us through the following:
E-mail: support@nanekids.com