Terms of use

  TERMS OF USEv.1.0Last Revised on December 16, 2021 The website located at www.kidslovecode.com (the “Site”) is a copyrighted work belonging to Code REV Kids, Inc. (“Company”, “us”, “our”, and “we”).  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.   These Terms of Use, together with our shipping and generational information (http://www.xxx.com), (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site.  By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.   These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.   1. Accounts 1.1            Account Creation.  In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.  Company may suspend or terminate your Account in accordance with Section 8.   1.2            Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 2.  Access to the Site 2.1            License.  Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.   2.2            Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.   2.3            Modification.  Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.   2.4            No Support or Maintenance.  You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.   2.5            Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.  Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.   3.  User Content 3.1            User Content.  “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings).  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. 3.2            License.  You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. 3.3            Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”: (a)             You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b)            In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). 3.4            Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities. 3.5            Feedback.  If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.   4. Indemnification.   You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.   5. Third-Party Links & Ads; Other Users 5.1            Third-Party Links & Ads.  The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. 5.2            Other Users.  Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  Your interactions with other Site users are solely between you and such users.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.   5.3            Release.  You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”   6.  Disclaimers. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.     7.  Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.     8. Term and Termination.   Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.   9. Copyright Policy. Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: 1. your physical or electronic signature; 2. identification of the copyrighted work(s) that you claim to have been infringed; 3. identification of the material on our services that you claim is infringing and that you request us to remove; 4. sufficient information to permit us to locate such material; 5. your address, telephone number, and e-mail address; 6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. CodeREV Copyright Agent 401 Wilshire Blvd, FL 12,  Santa Monica, Ca 90401 (310) 450-4984 register@coderevkids.com   10.  General 10.1    Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 10.2    Dispute Resolution. Please read this Arbitration Agreement carefully.  It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a)    Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. (b)    Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 401 Wilshire Blvd, FL 12, Santa Monica, Ca 90401.  After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. (c)    Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. (d)    Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. (e)    Time Limits.  If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. (f)    Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company. (g)    Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (h)    Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.   (i)    Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j)    Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. (k)    Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement. (l)    Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company.   (m)    Small Claims Court.  Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. (n)    Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (o)    Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. (p)    Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.  10.3    Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. 10.4    Disclosures.  Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. 10.5    Electronic Communications.  The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. 10.6    Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees. 10.7    Copyright/Trademark Information.  Copyright © 2024 Code REV Kids, Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. 10.8    Contact Information: CodeREV Kids 401 Wilshire Blvd, FL 12, Santa Monica, Ca 90401 Telephone: (310) 450-4984 Email: register@coderevkids.com

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Privacy Policy

Full Code Rev Kids EDU Privacy Policy Full Code Rev Kids EDU Privacy Policy Code Rev Kids, Inc. (“Code Rev Kids“, “we“, or “our“) is committed to protecting the privacy of children who use our sites and applications. This Code Rev Kids Edu Privacy Policy (“Policy“) explains our information collection, disclosure, and parental consent practices with respect to Personal Data (defined below) provided by children (under the age of 13 in the US, or as determined by applicable local law) (each a “child” or “children“) and other Code Rev Kids Edu users. This Policy applies to Code Rev Kids’ site “kidslovecode.com” (the “Site“), along with all associated learning applications (the “Application” and together with the Site, the “Services“). Any third parties described below that process your data may not adhere to this Policy; Code Rev Kids expressly disclaims any and all liability for unauthorized processing by such third parties. For more information about Code Rev Kids’ general privacy practices, please review our Privacy Policy on our website, creatorbot.co, which will control over subjects not explicitly dealt with herein. 1. Data We Collect. Together and as defined below, the Signup Data, Verification Data, School Data, Media Content, and User Data comprise Personal Data. All data described in this Section 1 is collectively “Data“. We collect only the Data we believe is reasonably necessary to provide the Services to our users. For more information about the Children’s Online Privacy Protection Act (COPPA) and general tips about protecting children’s online privacy, please visit the FTC’s website. o If you are a child requesting a kidslovecode.com account, and not from a school provider, we will collect your first name, user name, password, and a parent’s email address. For other users, we collect your username, email address, and password; additionally, we collect first and last name from Educators. Together the above is Signup Data. o If you sign up for email updates, we collect your email address. We may see if you click through those emails. o If you are a parent, guardian, or teacher attempting to verify your identity, we may collect information like identification cards, email address, and photographs (“Verification Data“). o Third party single sign-on services like Clever or Google use the Application to sign students on. Those services share information like username, birthday, course ID, and email with us (“School Data“). o We collect Media Content, for example any videos, programs, activities, images, ratings, and comments you post to kidslovecode.com. If such a user submits Media Content to the Application, that content may include personal information; however, you should not include personal information like your face, voice, or contact information in your Media Content. You do not need to create Media Content to use kidslovecode.com. Also, if you do submit any media content to your profile, it will only be seen by members of your own school or class, and by Code Rev Kids. o If you have an account on the Application, we collect basic information on how you use kidslovecode.com, like pages visited, programs made, and activities done (“User Data“). o When you browse the Code Rev Kids Edu website (edu.Code Rev Kids.com) (the “website“), we track things like IP address, pages you view, and functions you request like sign-on, video embedding, identity verification, and general security functionality, using cookies, pixels, and security tokens (“Site Data“). If you are an EU user, we do not collect Site Data without your consent, where required. 2. Uses of Personal Data. Subject to Parental Choice and your Rights and Choices below, we use your Data as follows. o Marketing 1. We do not serve ads in kidslovecode.com, we do not perform behavioral advertising on the Services, nor do we retarget visitors to the Site solely because of their visit to the Site. 2. If you are of legal age and choose to receive email updates from Code Rev Kids by providing your email address, we may send you updates on Code Rev Kids, information on educational products relevant to you, and other relevant marketing communications. You can unsubscribe from these emails in your Code Rev Kids Edu profile settings page, or via the unsubscribe link in the email. o Child Signup and Parental Consent 1. We use Verification Data and Signup Data to validate and provide support to accounts in compliance with applicable law, including COPPA and the GDPR. 1. If a parent does not complete the account approval process within 21 days, we will delete the information the child provided (unless the parent has separately signed up using that email address for marketing emails or otherwise provided that information on another Code Rev Kids site or in connection with another Code Rev Kids service). We ask that adults never provide any personal information about their child, including using names or email addresses in a username, and that children avoid using any part of their name or email address in their username. 2. If you believe your child is participating in an online activity with Code Rev Kids that collects their information, and neither you nor the child’s teacher has received an email providing notice or seeking your consent, please contact us at create@creatorbot.co. We will not use any emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted-in to email marketing or has separately participated in an activity that allows for such email contact. o We use School Data to place children in the right class and to provide schools, teachers, and kids with account licenses assigned to requested classrooms. o We use the Media Content to: 1. help you learn by sharing your programs and talking about coding with your teachers and the Code Rev Kids Edu community; 2. provide, maintain, develop, and improve Code Rev Kids Edu and kidslovecode.com; and 3. personalize your experience on Code Rev Kids Edu by enabling you to post and share your programs and activities. o We moderate the Media Content to protect against harmful, illegal, offensive, copyrighted, and other material that might violate our Terms of Service. Code Rev Kids has the right to reject any content deemed inappropriate or containing personal information, or for any other reason, at the time of submission, or at any subsequent time, all in Code Rev Kids’ sole discretion. o We use the User Data and Site Data to better understand how users interact with our website, to protect the website, to make the website easier to use, to measure the popularity of certain courses or activities, to organize programs according to their authors, and similar activities. We use the Site Data to verify identities, localize content, make video embedding possible, and enable sign on and log-out. 3. Data You Share o You can share your Media Content with other Code Rev Kids Edu users if you are not a child, or if you are a child, after your parent or guardian gives you permission by going through our Verifiable Parental Consent process: 1. We will send the parent an email outlining the identity verification process. To obtain verifiable parental consent, a parent must submit a signed consent form. He or she must download, print, sign, and upload the form to us. After we have verified the parent’s identity, the child under the parent’s account will be able to upload and share content publicly. To withdraw consent or delete the child’s account, email us at create@creatorbot.co. You may also withdraw consent at any time by visiting your account settings. o You can share your Media Content with your class and teacher if your teacher goes through our teacher verification process: 1. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. We use one-part verification for teachers, where they download, print, complete, and upload a verification form. There is also a two-part verification option: electronically signing the verification form and uploading a photo of a valid teacher ID. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site. o Parents and Guardians can see the Media Content that their children post. 4. Data We Share. o We share all Data collected by the Services with cloud services providers that host the Services. These service providers are contractually bound to adhere to confidentiality and security obligations in a way that is consistent with this Policy. o We may allow users to sign into the Application through Google’s single sign-on process using School Data. For more information, please see Google’s privacy policy and this article. o We share public videos on Vimeo in an unlisted channel, after they have been moderated in accordance with this Policy. For more information on Vimeo’s privacy policy, please see the Vimeo Privacy Guidelines. We use Vimeo to help with video hosting. You may stop this processing by emailing us at create@creatorbot.co. o We may also share Data in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company. Any such transfer will require the receiver to uphold this Policy. o We may disclose Personal Data if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or government agency’s request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety, or protect the safety of a user of Services; (iii) to protect the security or integrity of our Services, and other technology, as well as the technology of our service providers; or (iv) to enable us to take precautions against liability. o We may use and disclose aggregate or anonymized User Data for any purpose, except when prohibited by applicable law. If we are required to treat User Data as School Data or personal information under applicable law, then we may use and disclose such User Data for all the purposes for which we use and disclose the School Data or personal information. 5. Legal Basis for Collection and Processing. o We collect Signup Data to comply with the requirements of COPPA and GDPR regarding collection of child information. We also collect Signup Data to satisfy our legitimate interest in distinguishing user accounts from one another. o We collect Verification Data to satisfy our legitimate interests in verifying the identities of parents and teachers on the Services, and to contact them with important updates about the safety and functioning of the Services. o We process the School Data to provide you with the service(s) you request by contracting with single sign-on entities like Clever and Google. o If you sign up for email marketing updates, our collection of your email address and interactions with our emails is based on your consent. o Our collection and processing of Media Content is based on your parent or guardian’s consent, if applicable, and on our legitimate interest in collecting images, video, and the like to provide the functionality you request in the Application. o We collect User Data and Site Data to fulfill our legitimate interests in: 1. improving our Site, for example by understanding which parts of the Application appeal to users and which parts do not; 2. localizing the Application; 3. conducting internal analysis and research; 4. verifying the identities of our users; 5. meeting any applicable law, regulation, legal process or enforceable governmental request; 6. enforcing our Terms of Service including investigation of potential violations; or 7. detecting, preventing, or otherwise addressing fraud, security or technical issues. 6. Parental Choice. Subject to different settings by Google, parents have the following choices on Code Rev Kids Edu. At any time, an authenticated parent can ask to review information that Code Rev Kids maintains about their child. At any time, parents can also change a password or user name, user avatar image, and other profile information for a child on the Application by logging in to the Application and following the instructions on the profile settings page. An authenticated parent can also delete or deactivate the child’s account, eliminating access to the services available to Code Rev Kids Edu accounts for that child. Deactivating or deleting an account also prevents Code Rev Kids from collecting or using subsequent information from that account, and that account’s publicly posted content will be removed from the Services. If there is an issue with editing or removing child information, please contact Code Rev Kids at create@creatorbot.co for assistance. If you are a parent, you can stop posting of Media Content from your child at any time by contacting Code Rev Kids at create@creatorbot.co. 7. Rights and Choices. You may exercise the below Rights and Choices, including to withdraw your consent to any processing based on your consent by emailing us at create@creatorbot.co. o Access. You may receive a list of your Personal Data that we process to the extent required and permitted by law. o Rectification. You may correct any Personal Data that we hold about you to the extent required and permitted by law. o Erasure and Objection to Processing. To the extent required by applicable law, you may request that we delete your Personal Data from our systems. You may request erasure of your Personal Data by emailing us at create@creatorbot.co. o Data Export. To the extent required by applicable law, we will send you a copy of the Personal Data we hold from you in a common portable format of our choice. o Direct Marketing. Residents of California (and others as required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us, unless otherwise required by applicable law. You may cease direct marketing from us by unsubscribing with the unsubscribe link in the emails, or by emailing create@creatorbot.co. o Regulator Contact. You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority. o Data Protection Officer. You may reach Code Rev Kids’ Data Protection Officer at create@creatorbot.co. 8. Data Retention. Subject to earlier exercise of your Rights and Choices, we will store your Personal Data as long as you have an account on the Services. We may keep your email as long as you do not revoke your consent to direct marketing. We will store your Site Data as long as we deem reasonably necessary to provide the Services. o In addition to the retention policy above that applies to all Code Rev Kids Edu and kidslovecode.com users, we only keep a child’s personal information obtained through his or her school as long as necessary to deliver services or for school purposes, unless we are required by law to retain it. 9. Security. We use appropriate technical and organizational means to protect your personal data. For example, we use SSL to encrypt data in transit. We encrypt passwords at rest. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at the address below. 10. Users Outside the United States. Your Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of information may be less stringent than the laws in your country. If you create or use an account in the Code Rev Kids Edu platform, you consent to your data being stored and processed in the United States. 11. Changes to this Policy; Notice We may amend this Policy at any time by posting the amended version to the Site or by providing such notice or obtaining consent to changes as may be required by applicable law. Please contact us at the mailing address, email, or phone number below with questions about Code Rev Kids’ privacy policies and collection and use practices: Code Rev Kids, Inc. 1639 16th St. Santa Monica, Ca 90404 create@creatorbot.co (310) 450 – 4984

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