Curious World is offered by Kidsy Limited, 6th Floor Capital Tower, 91 Waterloo Road, London, United Kingdom, SE1 8RT, trading as Curious World. Kidsy Limited's registered office is at 6th Floor Capital Tower, 91 Waterloo Road, London, United Kingdom, SE1 8RT.
By downloading and using the Curious World App and/or opening a Curious World Account, you agree to comply with these Terms of Use. Also, you agree to ensure that your child or children comply with these Terms. We may, at our sole discretion, modify any of these Terms at any time, and your continued use of the Curious World App and services will be deemed acceptance of such modifications.
To use Curious World you must open an account with us. There are two tiers of Curious World Accounts: Free Accounts and Subscription Accounts. If you take out a Subscription Account the terms below under "Subscription Account" will also apply to you. The Free Account Section applies to all Account Holders. Free account holders are entitled to access the App and browse the content available. Subscription Account holders are entitled to access all App content and also to access and manage their account dashboard at www.curiousworld.com.
Opening a Curious World Account
To use Curious World, you must first open an account with us (the "Account"). To do so you must:
- be at least 18 years old; and
- provide complete and accurate registration information;
- provide a valid working email account at which you can receive communications from Curious World about your Account and your or your children's uses of the Service.
We use an age-gating process as part of the process of opening an account. If we consider you do not meet the above criteria due to the age-gating process or otherwise, we may, at our choice, either request confirmation of the above criteria, or deactivate the account.
Once you have opened your Account, you may establish up to four (4) child profile subaccounts (each, a "Child Profile") by providing a name and birthdate for each child and by selecting a different avatar (from an assortment of pre-set available designs) for each Child Profile. We encourage use of a first name or nickname only to set up a Child Profile. The user name and avatar will appear in the Curious World App's interface so each child can identify and log in to their own Child Profile.
You may set up, manage or change Child Profiles by logging in to your Curious World Account which is accessible at the Curious World Site or, on a more limited basis, through the Curious World App.
Passwords; Responsibility for Users
As part of setting up an Account, you will be asked to provide a password to use to access your Account. Please keep this password safe and secure. You are solely responsible for any and all activity that occurs while you, your children and/or other authorized and permitted users are logged into your Account. You may not share your Curious World Account with more than the number of authorized users.
All Accounts are non-transferable.
Managing Your Account
You can manage your account at https://www.curiousworld.com/profile, or from the Curious World App. Access to your Account may not be possible from certain geographical regions and/or on certain devices. If you are having difficulties please contact Customer Support at customerservice@curiousworld.com.
Licence
Subject to your compliance with these Terms of Use and payment of any applicable subscription fees that may be required to access or use any specific offering(s), we grant you a limited, non-exclusive licence to access and use your Account and the accessible or subscribed Curious World offerings in accordance with these Terms and other applicable terms (as well as the respective and applicable features and documentation) for your own personal use, and the use of your children. As between us, we own all content and technology available through, or embodied by the Account and any and all such services and offerings, including all associated intellectual property rights, including but not limited to Curious World, all content we make available, as well as any and all templates, formatting, information, software, artwork, text, video, audio, pictures, trademarks, trade dress, activities, and other components thereof. Your licence to use the Account and Curious World is strictly limited based on these Terms, and we reserve all rights not expressly granted to you.
No content, information and/or other materials made available by us (including via the Curious World App, the Curious World Sites) may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, other than for your or your child's or children's personal enjoyment in accordance with these Terms.
Code of Conduct
To the extent the Account or such offering provides the capability, as user(s) of the Account and any of our offerings (including Curious World), you agree that you will not and will not allow your children to:
- decompile, disassemble or otherwise reverse engineer, or obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Account or any of our offerings or any aspect thereof, or otherwise circumvent any technological measure that controls access thereto;
- encumber, transfer, sublicense, distribute, reproduce, create derivative works of or otherwise modify any products or services made available through access to the Curious World Account or any of our offerings;
- use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of a Curious World Account or any of our offerings;
- disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party's express consent; or
- bypass any measures we may use to prevent or restrict access to a Curious World Account or any of our offerings;
- abuse, harass, threaten, impersonate or intimidate others via any Curious World Account or Kidsy's offerings, or transmit to other users via Curious World Account or any of Kidsy's offerings, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
- contribute any user submission that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- engage in any activity intended to obtain password, account, or private information from any user;
- transmit unwanted email or other communications;
- submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
- take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Account or any of our offerings or any other activities conducted on any site or app via any Curious World Account or any of our offerings;
- state or suggest, directly or indirectly, that Kidsy or Curious World endorses you or your child or children or, as applicable, any user generated content;
- use the Curious World Account or any of our offerings for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Account or any of Kidsy's offerings to breach any law, statute, or regulation (including, without limitation, those governing consumer protection, unfair competition, anti-discrimination, or false advertising); or
- permit your child or children (or knowingly permit any third party) to do any of the foregoing.
We reserve the right to enforce the above Code of Conduct where we deem necessary and reserve the right (but do not assume any obligation) to monitor your use of your Account (or any of our offerings). Due to our use of monitoring, filtering, and other methods for enforcing our Code of Conduct, your activities on a Curious World Account (or any of our offerings) will not remain "private" or otherwise be free of our review; however any monitoring or other actions we take will comply fully with our Privacy Policy.
Technical Support
We offer certain technical support to users of a Curious World Account (or any of Kidsy's offerings). This support can be obtained by contacting us at customerservice@curiousworld.com.
Allegations of Copyright Infringement
Kidsy respects the intellectual property rights of others. If you believe that content accessed via your Curious World Account (or any of our offerings) constitutes infringement of a work protected by copyright, please notify us at the following address:
Kidsy Limited
54 Commercial Street
London
E1 6LT
United Kingdom
Email: copyright@curiousworld.com
Warranty Disclaimer
THE CURIOUS WORLD ACCOUNT (AND EACH OF KIDSY'S OFFERINGS OR SERVICES) IS PROVIDED BY KIDSY ON AN "AS IS" BASIS. KIDSY, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION ACCESSIBLE VIA OR AVAILABLE ON THE CURIOUS WORLD ACCOUNT OR IN ANY USED OR SUBSCRIBED SERVICE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION VIA THE CURIOUS WORLD ACCOUNT OR ANY USED OR SUBSCRIBED SERVICE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE CURIOUS WORLD ACCOUNT AND ANY USED OR SUBSCRIBED SERVICE IS AT YOUR SOLE RISK.
Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL CURIOUS WORLD, KIDSY, ITS LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE CURIOUS WORLD ACCOUNT AND ANY USED OR SUBSCRIBED SERVICE. IN NO EVENT WILL OUR TOTAL LIABILITY (AND THE TOTAL LIABILITY OF OUR LICENSORS AND SERVICE PROVIDERS COLLECTIVELY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN THE AGGREGATE EXCEED THE LAST SUBSCRIPTION PERIOD FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION.
Local Consumer Law
To the extent that the above warranty disclaimer and limits of liability set out in Sections 18 and 19, are not permitted under the laws of your jurisdiction, they shall not apply. Please refer to the laws of your jurisdiction.
Submission of Feedback
Under certain circumstances, we may ask parents for feedback or ideas as to their experiences with a Curious World Account (or any of Kidsy's offerings). If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation or consideration of any type for any such feedback; and (ii) we will be free to use and exploit such feedback in our discretion and without compensation or obligation to you.
Change in Service or Terms
Any description of how the Curious World Account works should not be considered a representation or obligation with respect to how the Curious World Account will always work. We are constantly making adjustments to the Curious World Account and often these adjustments are not completely captured within these Terms of Use. We reserve the right to make changes to the Curious World Account and changes to these Terms of Use consistent with applicable law.
General
These Terms of Use shall be governed in all respects by the laws of England and Wales without giving effect to its conflicts of law provisions. Both parties submit to the exclusive jurisdiction of the English courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Kidsy's failure to act with respect to non-compliance by a user does not waive its right to act with respect to subsequent or similar non-compliance. These Terms of Use, together with the Privacy Policy and the Subscription Terms of Service below, as applicable, set forth the entire understanding and agreement between us with respect to the subject matter of these Terms of Use and supersede any prior or contemporaneous understanding, whether written or oral.
Subscription Terms
The following terms and conditions apply to Subscription Accounts only.
Subscription Accounts entitle you to access to content which is not freely available on the App, such as certain books, games and video content and to access certain features of the Curious World service, such as tracking your children's usage of the Curious World App and enjoying age-appropriate and/or abilities-based recommendations for your children, and off-line content when provided by Curious World. You may also access and manage your account via your personalised on-line dashboard at www.curiousworld.com.
Trial and Promotional Periods
We may at our discretion offer free promotional trial periods, or discounted subscriptions to Curious World through www.curiousworld.com. Such promotional trials are, unless otherwise stated, offered on an "opt-out" basis, meaning that, at the end of the stated promotional trial period, your access to Curious World will continue, and your trial subscription will be automatically converted to a paid subscription, unless you cancel the trial before it ends. When you sign-up for a subscription including for a promotional trial, you will be asked to select a subscription plan and period (e.g., monthly or annual) which will start at the end of your promotional trial unless you cancel before its end. If you do cancel before the end of the trial, there will be no charges to the payment method you provided; except for any applicable discounted promotional trial fee.
Subscription Fees and Renewals
Subscription fees are payable at the start of a subscription period or renewal. Your subscription will renew automatically at the end of the applicable subscription period, unless you cancel it. If you previously subscribed to Curious World through the mobile app via Apple iTunes Store, you will be required to re-subscribe to a monthly or yearly subscription plan with an automatic renewal feature at the end of your current subscription period.
When you subscribe through the Curious World App, Apple will ask you for information for a payment method to hold on file and authorisation to charge you for the subscription period you elect.
IF YOU DO NOT CANCEL A CURIOUS WORLD SUBSCRIPTION, CURIOUS WORLD WILL CONTINUE TO BE AVAILABLE AND YOUR PAYMENT METHOD VIA YOUR APPLE ITUNES STORE ACCOUNT WILL CONTINUE TO BE CHARGED AUTOMATICALLY AT THE PERIODIC SUBSCRIPTION SERVICE RATE THEN IN EFFECT FOR THE APPLICABLE SUBSCRIPTION PERIOD; PROVIDED, WE SHALL GIVE YOU ADVANCE NOTICE OF MATERIAL INCREASES IN PRICE OR OTHER MATERIAL CHANGES TO THE SUBSCRIPTION SERVICE. You will continue to be billed by your payment method for the "subscription-period by subscription-period" basis at the previous applicable fee until you cancel your subscription.
Cancellation by Subscriber; No Refunds
You may cancel any promotional trial or paid subscription at any time BUT WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-SUBSCRIPTION PERIODS, TRIAL PERIODS OR UNUSED PERIODS OR SERVICES, unless we determine, in our sole judgment, that unusual circumstances require a refund.
Subscriber Cancellation Process
If you subscribed through the app, you should visit your Apple iTunes Store Account to cancel. If you subscribed through https://www.curiousworld.com, you should cancel by signing in to your account on our website. Further information can be found in our FAQs.
Cancellation by Curious World
We reserve the right to refuse to provide, suspend or discontinue Curious World or to suspend or close your Curious World Account, in whole or in part, at any time for any reason, including convenience, immediately and without notice. If we cancel your subscription or terminate your Curious World Account for convenience and stop your access to Curious World, we may give you a pro-rated refund or credit (which may include a merchandise credit), in our sole discretion, based on the time remaining in your current subscription period. If we terminate your subscription or Curious World Account for your breach of these Terms, without limiting our rights and remedies, you acknowledge and agree that you shall not be entitled to any refunds or credits for any partial subscription periods or unused services, and that we may immediately terminate your access to the Curious World Account, Curious World and/or any other Kidsy offering you may be using or then subscribed to.