Terms of Service

At Kikori, our mission is to transform classrooms by making experiential education and social emotional learning activities accessible for all teachers via our mobile phone application. These activities are easily discoverable, aligned to educational standards, and include the tools necessary to integrate those activities into classrooms with minimal effort.
 
1. Acceptance of Terms of Service. Kikori LLC (“Kikori,” “we,” “us,” or “our”) provides its website (kikoriApp.com) and mobile phone application (the “App”), collectively known as the “Services,” subject to this Terms of Service Agreement (“TOS”). You must affirmatively agree to this TOS Agreement and Privacy Policy in order to be authorized to use our Services. There is nothing unusual or particularly onerous about these terms, conditions, statements and policies, but your visit and use of our Services are wholly governed by them.
 
2. Responsibilities. You agree to strictly comply with these Terms.
 
You agree to be bound by the following general obligations regarding comments and content you post or upload on our App:

  • Any inappropriate content will result in the content being removed and the possible cancellation of the subscription without any financial compensation depending on the degree of inappropriateness. The degree of inappropriateness will be determined exclusively by us without any negotiation or appeal being entered into.

  • You agree that any content not following these Terms is regarded as inappropriate content and/or content which otherwise breaches these Terms. Specifically:

    • Kikori prohibits content that is offensive or inappropriate; promotes racism, bigotry, hatred or physical harm of any kind against any group, individual, country, religion, etc.; is pornographic or sexually explicit in nature; incites aggression or violence; and/or is harassing, bullying, or discriminatory.

 
3. Use of our Services.  You must not use this App or our Website in any way that causes or may cause damage to the App or Website, or that impairs the availability of our Services. You must not use our Services in any way that is
unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or
harmful purpose or activity. Also, it is your responsibility to create a unique password for the Kikori App and Website and keep it confidential.
 
4. Intellectual Property. The Services and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Kikori LLC and its licensors. The App, Website and our original content, features, and functionality are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kikori LLC.
 
After assenting to this Agreement and subscribing to the Kikori App, Kikori grants you a nonexclusive, nontransferable license to use the Kikori Services to promote and teach content from Kikori in your classroom, subject to restrictions found in this TOS Agreement and Kikori’s Privacy Policy.
 
You may also upload your own content to the Kikori App. By uploading content to the Kikori App, you agree to provide Kikori and its users with a nonexclusive license to use that content. Nevertheless, we respect intellectual property rights and require that you to do so as well. You are liable for any third-party claim in relation to any alleged infringement of intellectual property rights when you post any content including: photos or comments on our App and/or Website.
 
5. Children Under 13. The Kikori App and Website is intended for adults and is not intended for children 13 years or younger.
 
6. Limitation of Our Liability. We will provide the Services with reasonable care and skill. However, we will not be liable to you for any loss or damage in the following cases:·       If we are unable to provide our Services to you due to any reasons beyond our control; or·       For any loss you suffer when using our Services in any case. 

7. Resolving Disputes. We would like the opportunity to address any concerns you may have regarding our Services. By subscribing to our Website and/or purchasing or App and your acceptance of these Terms, you agree to take reasonable steps to resolve any dispute that may arise by emailing us at [INSERT EMAIL] and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally.Furthermore, you and Kikori collectively agree to resolve any claims relating to our provision of Services, and the Terms, through the use of mediation or arbitration. This agreement ensures that we both utilize alternative dispute resolution mechanisms before resorting to formal litigation.

7.1 Mediation Venue and Process.  If a dispute from your use of our Services that is not resolved through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered in Madison, Wisconsin by a single mediator mutually agreed to by the disputing parties pursuant to the then obtaining rules of the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The costs of mediation shall be shared equally amongst the parties.

7.2 Arbitration Venue and Process.  Any dispute or controversy arising from your use of our Services that is not resolved through mediation shall be settled by arbitration in Madison, Wisconsin by a single arbitrator mutually agreed to by the disputing parties pursuant to the then obtaining rules of the American Arbitration Association, but without any requirement that the parties utilize the arbitration services of the American Arbitration Association. Such arbitration shall be the sole and exclusive remedy for such disputes except as otherwise provided in this Agreement. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction.

7.3 Arbitration Costs. In any arbitration proceeding with respect to any dispute arising under or to collect any benefits due under this TOS Agreement, the prevailing party in the proceeding shall be entitled to recover the costs of the proceeding and reasonable attorney fees from the other party. If Kikori is the prevailing party, Kikori may offset any amounts owed by Kikori to you by amounts that you owe to Kikori by reason of this Section.

8. General. This TOS constitutes the entire agreement between Kikori and you. This TOS Agreement shall be governed by the laws of State of Wisconsin. Subject to the binding arbitration clause above, you agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Dane in the State of Wisconsin. The failure of Kikori to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Kikori and you regarding our Services and supersede and replace any prior agreements we might have had between Kikori and you regarding the Services.
 
You agree that any cause of action related to or arising out of your relationship with Kikori must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
 
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part,
to any person or entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under the Terms of Service or Privacy Policy without our
prior written consent, and any unauthorized assignment or delegation by you is void.
 
9. Changes to the Terms. Kikori reserves the right to alter the TOS Agreement and/or the Privacy Policy at any time without notice, and the TOS and/or Privacy Policy is valid upon posting to the Kikori website. By continuing to access or us our Services after any revision becomes valid, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services. 

10. Indemnity. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kikori, our officers, directors, employees, affiliates, parents, subsidiaries, related entities and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your submission and/or use of  content from our Services or your breach of these Terms. Kikori shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

11. Links. Kikori has not reviewed all of the websites linked to the Kikori website and App and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by Kikori of the linked website. Use of any such linked website is at the user’s own risk.

12. Warranties. WARRANTY DISCLAIMER.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

13. LIMITATION OF DAMAGES; RELEASE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE BUT NOT RECKLESS OR INTENTIONAL MISCONDUCT) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
 
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
 
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

14. CONTACT US. If you have any questions about these Terms, please contact us at info@kikoriapp.com.
 
 Last updated: January 27, 2020

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