Upparent Logo

We use cookies to help you log you in securely, improve how our site functions, and deliver personalized content. See our Privacy Policy for details.

Upparent Corner

Terms of Use

Last Modified: April 25, 2020


Acceptance of the Terms of Use

Welcome to the website of Kidbook, Inc. d/b/a Upparent, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Upparent application and Upparent.com, including any content, functionality and services offered on or through the Upparent application (the “Application”) and the Upparent website (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Application and Website. By using the Application and Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.upparent.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application or Website. 

This Website is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application and Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. 

Your continued use of the Application and Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 


Accessing the Application, Website and Account Security

We reserve the right to withdraw or amend this Application, Website, and any service or material we provide on the Application and Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application or Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application and Website, or the entire Application and Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Application and Website.
  • Ensuring that all persons who access the Application and Website through your internet connection are aware of these Terms of Use and comply with them.


To access the Website, Application or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Application that all the information you provide on the Website and Application is correct, current and complete. You agree that all information you provide to register with the Website, Application or otherwise, including but not limited to through the use of any interactive features on the Website or Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application and Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Intellectual Property Rights

The Application, Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Application and Website for your personal and/or commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may download a single copy of the Application to your computer or mobile device solely for your own personal and/or commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.


You must not:

  • modify copies of any materials from the Application or Website;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and/or
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.


If you wish to make any use of material on the Application or Website other than that set out in this section, please address your request to support@upparent.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Application or Website in breach of the Terms of Use, your right to use the Application and Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Application or Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application or Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


Trademarks

The Company name, the term UPPARENT, the Upparent logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.


Prohibited Uses

You may use the Application and Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application or Website:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and/or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.


Additionally, you agree not to:

  • use the Application or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Application or Website, including their ability to engage in real time activities through the Website;
  • use automated systems or software to extract data from this website for any purpose;
  • use any robot, spider or other automatic device, process or means to access the Application or Website for any purpose, including monitoring or copying any of the material on the Application or Website;
  • use any manual process to monitor or copy any of the material on the Application or Website or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Application or Website;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; 
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • otherwise attempt to interfere with the proper working of the Website.


User Contributions

The Application and Website may contain boards (hereinafter, “List, Recommendation, Question, or Poll Pages”) for posting, linking, or uploading posts, links to websites, images, messages, or other content (hereinafter, “Recommendations, Reviews, Questions, Answers, or Polls” ), chat rooms, personal web pages or profiles, forums, group messaging, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content, comments, or other materials (collectively, "User Contributions") on or through the Application and Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to modify your User Contributions as necessary to comply with the Content Standards outlined below or to maintain the quality and accuracy of our content.

Any User Contribution you post on or through the Application and Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Application and Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You control all rights, through ownership or license (either explicitly or implicitly), in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 


You understand and acknowledge that you are responsible for any User Contributions you submit, contribute, or maintain with respect to posted content, interactions with other users, and all other types of User Contributions, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Application or Website. 


Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application or Website. 
  • Terminate or suspend your access to all or part of the Application or Website for any or no reason, including without limitation, any violation of these Terms of Use.


Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 


Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (https://www.upparent.com/privacy-policy);
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization; and/or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. 


Reliance on Information Posted

The information presented on or through the Application or Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on User Contributions and other such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Application and Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Changes to the Website and Application

We may update the content on the Website and Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and Application may be out of date at any given time, and we are under no obligation to update such material. 


Information About You and Your Visits to the Website and Application

All information we collect on the Application and Website is subject to our Privacy Policy. By using the Application and Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 


Linking to the Website and Social Media Features

You may link to our Homepage, any List, Recommendation, Question, or Poll Pages, and any Recommendations, Reviews, Questions, Answers, or Polls, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

The Application or Website may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Application or Website;
  • send e-mails or other communications with certain content, or links to certain content, on the Application or Website; and/or
  • cause limited portions of content on the Application or Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • cause the Application or Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • link to any part of the Website other than the Homepage, any List, Recommendation, Question, or Poll Pages, and any Recommendations, Reviews, Questions, Answers, or Polls; and/or
  • otherwise take any action with respect to the materials on the Application or Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 


Links from the Application and Website

If the Application or Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Geographic Restrictions

The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Application or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APPLICATION, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE IS AT YOUR OWN RISK. THE APPLICATION, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, THE WEBSITE, ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE, ANY CONTENT ON THE APPLICATION OR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Application or Website, including, but not limited to, your User Contributions, any use of the Application or Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application or Website.


Governing Law and Jurisdiction

All matters relating to the Application, Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 


Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 


Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Kidbook, Inc. d/b/a Upparent, Inc. with respect to the Application and Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 


Your Comments and Concerns

This website is operated by Kidbook, Inc. d/b/a Upparent, Inc.

All notices of copyright infringement claims should be sent to copyright@upparent.com.

All other feedback, comments, requests for technical support and other communications relating to the Application and Website should be directed to support@upparent.com.