These conditions of use apply to the shopping website Kid Dynamo (the “Website”) in www.kiddynamo.net. Kid Dynamo Limited (N.I.F: 21.651.226S established in San José street, number 42, 2nd floor right. CP 03801 Alcoy (Alicante) Spain) (“Kid Dynamo”).
2. Web Site Access
Kid Dynamo will take all reasonable steps to ensure that the Website is available at all times and free of transmission errors. However, due to the nature of the Internet, this can not be guaranteed.
Kid Dynamo reserves the right at any time and from time to time to suspend or limit, temporarily or permanently, access to the Website (or part thereof) with or without notice, to allow maintenance or the introduction of new features. Kid Dynamo will not be liable to You or any party for any modification, suspension or discontinuance of the Website.
Kid Dynamo grants you a non-exclusive license limited to access and make personal use of the Website, but not to download (other than page caching) or modify any portion thereof, without the express written consent of Kid Dynamo. This license does not include any resale or commercial use of the Website or its contents.
The Website or any portion thereof can not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Kid Dynamo. You may not frame or utilize framing techniques (frames) to enclose any trademark, logos or other proprietary information (including images, texts, page layouts, or forms) to the Website without the express written permission. Any unauthorized use terminates the license granted to You by Kid Dynamo.
The Website may contain links to third party websites not owned and not controlled by Kid Dynamo. Kid Dynamo has no control over these, and assumes no responsibility for the content, privacy policies or practices of third party web sites. By using the Website, you specifically release Kid Dynamo from any and all liability arising out of your use of any third party website.
While the Website contains links to third party web sites whose availability and content are outside the control of Kid Dynamo, any concerns regarding that website should be directed to the third party.
3. Site Registration
In order to access some features of the Website, you will need to create an account. When creating your account, you must provide accurate and complete information. You are not allowed to use the account of another user without permission.
You can change your password at any time by updating the profile page of your account. Furthermore, you agree to immediately notify Kid Dynamo of any unauthorized use of your password or account or any other security violation. Kid Dynamo can not and will not be liable for any loss or damage arising from breach of this Section.
You are solely responsible for the activity that occurs on your account. You are responsible for ensuring that the password is kept secure and not disclosed to anyone else.
By registering with Kid Dynamo, you represent that you are of legal age to form a binding contract and is not forbidden by the Laws your use of the Kid Dynamo Web site. You agree to provide true, accurate, current and complete information about yourself in all required fields on the registration form.
If any information entered changes, you agree to update your registration information as soon as possible. If Kid Dynamo suspects that your registration information is not complete, current, or accurate, or has otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you would have prohibited the use of the Kid Dynamo Web site.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders”, programs or similar technological devices that access the Website in a manner that sends more request messages to servers in a Kid Dynamo certain period of time that a human can reasonably produce in the same period by a conventional Internet browser online. Notwithstanding the foregoing, Kid Dynamo allows operators of search engines the use of spiders to copy materials from the Website for the sole purpose of creating search indexes publicly available but not create cache or files of these materials. Kid Dynamo reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use personally identifiable information (“Personal Information”) including without limitation account names, email addresses or other User Submissions from the Website, nor use the communication systems provided by the Website for marketing purposes, including without limitation requests to any user on the website for commercial purposes.
You agree that Kid Dynamo can send you email, to advise you of changes or additions to the Web Site or about their products.
The payment for the products advertised on the Website may be made to the PayPal account of Kid Dynamo in the PayPal website by any means accepted by PayPal, by confirming your order details on the Website. There will be no delivery from the supplier until receipt of cleared funds.
All aspects related to refunds, replacements and cancellations are described in the Customer Service section.
6. Account Cancellation
Kid Dynamo can, under certain circumstances and without prior notice, immediately terminate your account at Kid Dynamo and access to the Website and other services of Kid Dynamo. The reasons for such termination shall include, without limitation: (a) breach or violation of the terms and conditions specified in this document, (b) requests by application of the Law or other Government Agencies, (c) a request by user, (d) discontinuance or material modification of the Website (or any part thereof), (e) security issues or unexpected technical problems (f) extended periods of inactivity, (g) user involvement in fraudulent and /or illegal activities (h) nonpayment of any fees due in connection with the Website or any products of Kid Dynamo.
Termination of your account Kid Dynamo includes: (a) removal of access to all pages within the Website, (b) deletion of your password and all related information, files and materials, including user submissions associated with or inside your account (or any part thereof), and (c) restricting use of the Website. Further, you agree that all terminations for cause shall be made at the sole discretion of Kid Dynamo and that Kid Dynamo will not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
All content included on the Website, including but not limited to text, graphics, designs, logos, icons and images, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) is owned by Kid Dynamo, and is protected by Spain, the European Union and international copyright rights and can not be used for any purpose without the prior written permission of Kid Dynamo.
Contents on the Website are provided as is for your information and personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, distributed, modified or exploited for any purpose without the prior written consent of Kid Dynamo, or as expressly provided in this document. Kid Dynamo reserves all rights not expressly granted in and to the Website and its content.
The user undertakes not to circumvent, disable or interfere with the security features of the Website or features that prevent or restrict using or copying any content or enforce limitations on use of the Website or its contents. Kid Dynamo reserves the right at its discretion, to remove any user delivery if we believe it may infringe the copyright of third parties, and/or terminate the accounts of users who we believe are infringing.
If You believe that your work has been copied or posted on the Website in a manner that constitutes an infringement of copyright, please contact us so we can deal with the problems quickly.
8. Copyright Web Site
The Kid Dynamo Web site is © 2015 www.nandroid.com. All rights are reserved and no part of the Website may be copied, reproduced, transmitted, derived, or use for any purpose without prior written permission of nandroid.
These Terms and Conditions shall be governed and construed in accordance with the laws of Spain and the European Union and are subject to the exclusive jurisdiction of the courts of Spain.
If any provision of these Terms and Conditions is held invalid by a competent Court of Jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term, and if Kid Dynamo fails to enforce any right or provision under these Terms and Conditions shall not constitute a waiver such right or provision.
Kid Dynamo reserves the right to modify these Terms and Conditions at any time in its sole discretion and without notice, that will come into effect after publication in the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your consent and acceptance of its revised terms. You agree that any cause of action arising out of or relating to the Website must commence within one (1) year after the cause of action. Otherwise, such cause of action will be required permanently.
You agree to defend, indemnify and hold Kid Dynamo and any associate, affiliate, director, officer, employee, licensor, distributor, supplier, agent, distributor, owner or operator, harmless from and against any claims, damages, liabilities, losses, liabilities, costs and expenses, including reasonable attorneys fees, arising out of or relating to your use of the Website in violation of these Terms and Conditions.
11. Warranty Disclaimer
You agree that your use of the Website is at your own risk to the fullest extent permitted by law. Kid Dynamo and any associated company, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, distributor, owner or operator of Kid Dynamo, disclaim any warranty, express or implied, in connection with the Website and its use. Kid Dynamo makes no warranty or representation of accuracy or completeness of the contents of the Website or the content of any site linked to this Website and assumes no responsibility for any of the following reasons: (i) errors or inaccuracies in the content, (ii) personal injury or property damage of any kind arising from your access and use the Website, (iii) unauthorized access or use of our secure servers and/or any personal information stored on them, (iv) any interruption or cessation of transmission via Web, (iv) any defects, viruses, trojans or other that can be transmitted through our Website or any third party and/or (v) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise through the Website. Kid Dynamo does not warrant, endorse or accept responsibility for any other website or any other promotion, and Kid Dynamo is not responsible in any way of control the transactions between you and third party providers of products or services. No advice or information, whether oral or written, obtained by you from Kid Dynamo, or through the Service will create any warranty not expressly detailed in the Terms and Conditions. As with the purchase of a product or service through any means or in any environment, You should use your best discretion and take proper precautions if necessary.
12. Limitation of Liability
In any case, Kid Dynamo or any partner, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, distributor, owner or operator of Kid Dynamo will be responsible to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any: (i) errors or inaccuracies in the content, (ii) personal injury or property damage of any kind resulting from your access and use of our Web Site, (iii) any unauthorized access or use of our secure servers and/or any personal information stored on them, (iv) any interruption or cessation of transmission to or from our Web site (v) any defect, virus, trojan or similar that can be transmitted through of our Website or any third party and/or (vi) any error or omission in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Website, whether based on warranty, contract or any other legal theory, whether or not You advised of the possibility of such damages. The limitation of liability shall apply to the maximum extent permitted by Law in the applicable jurisdiction.
You expressly agree that Kid Dynamo is not responsible for user communications or any comment is defamatory, offensive or illegal conduct, and the risk of harm or prejudice to the foregoing rests entirely on you.
The Website is controlled and offered by 1and1 from its facilities in Spain. Kid Dynamo makes no claim that the Website is appropriate or available for use elsewhere. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws
These Terms and Conditions and the rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sub-license for Kid Dynamo, unrestricted.
14. Ability to Accept Terms and Conditions
You say that you are 18 years of age or emancipated minor, or you have legal permission from parents or legal guardians, and are fully capable and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions, and abide and comply with these Terms and Conditions. Kid Dynamo is not intended for children under 13 years. If You are under 13 years of age, then please do not use the Kid Dynamo Web Site.
15. Violation of these Terms and Conditions
Please report any violation of these Terms and Conditions, including shipping or objectionable users behavior to firstname.lastname@example.org. Please explain the reasons for your concern and provide a link to the user content or the conduct in question. Upon receiving a report of a possible violation, Kid Dynamo can investigate the matter and take such action as it deems appropriate Kid Dynamo.