Effective 01 May 2022
The Terms constitute a binding contract between us and the User (“You” and “User”) and contain:
- Description of Services offered by us
- Terms and conditions applicable to you
- Terms and conditions applicable to us
- Grievance redressal mechanism
Depending on your activities when using or accessing our Service, you may from time-to-time be required to agree to additional or amended policies or terms and conditions.
WHEN YOU USE OUR SERVICES, YOU AGREE TO OUR TERMS. IF YOU DO NOT AGREE TO OUR TERMS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP USING OUR SERVICES.
DESCRIPTION OF SERVICES
How We Work
I Kid You Not is an immersive platform that explains content simply to kids and teens. Most of the content on the platform is written by kids. You can contribute your child’s work to the platform by filling out the Article Submission form. If you are a child who is under the age of 18, you need to log on to the platform with your parents’ guidance and permission, especially at the time of subscription, registration and filling out the article submission form.
Please check “About Us” (link) for a detailed description of our activities and Services.
TERMS AND CONDITIONS APPLICABLE TO YOU
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without parent’s or guardian consent. Users suspended from using the Services are not eligible to use the Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user account or the Services at any time for a lawful reason.
All information submitted in connection with a User Account on the Services must be accurate and truthful. Users agree to notify us immediately if their User Account has been used without authorisation or there has been any other breach of security of the User Account. Each User also agrees to provide additional information we may reasonably request and to answer truthfully and completely any questions we may ask you in order to verify User’s identity.
In registering as a user, you agree to the following:
- Provide true, accurate and current, data;
- Update the data in case of changes;
- You will be solely responsible for all activities that take place under your account;
- You will not share your account details (like passwords etc) with anyone;
- You will need to notify I Kid You Not immediately in case of any unauthorized use of your account;
- You agree not to create an account using a false identity or information.
TERMS AND CONDITIONS APPLICABLE TO US
Ethics and Code of Conduct
I Kid You Not grants each User access to news written by children of all ages. Under no circumstances should we be considered a publishing or journalism platform as we do not employ any journalists, editors, professional content creators and other professionals. All our articles are written by children, for children and not by professionals, businesspeople, officials etc.
Being an education platform for learning through news and general knowledge, we are not required to adhere to existing journalistic standards and codes of conduct.
We follow the following ethics and code of conduct for our website and services:
Code of Conduct
Openness and accessibility
We do not collect any fees or otherwise charge users for submissions or access to articles.
Oversight for Child-friendly Content
Safety and security
We ensure oversight of content created by children to ensure monitored access with appropriate supervision and consent of parent or guardians.
Protect children and their communities
Privacy is an important part of the platform. We ensure regular human oversight and timely grievance redressal to address privacy and data protection related issues.
Learning for all
Access without age restrictions
We believe that learning is for all ages and provide educational access to news, awareness and general knowledge related content for children.
No Hate Speech and Abuse
Keep things legal
Our websites and services are monitored to remove hate speech and abusive content.
Notice and Takedown
Users have the sole responsibility of investigating or clarifying doubts about our Services before using our Website. Once submitted, all articles are earmarked for publishing. However, in the event that the submitted article cannot be published we will automatically store the article to be published at a later time if found suitable.
Hate Speech and Abuse
I Kid You Not is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. The Website and Services offered by us are compliant with all applicable laws including the Information Technology Act, 2000 and Rules contained therein. We actively prohibit and do not knowingly host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
In the event the submission does not meet our community standards on hatespeech and abuse, violates any existing laws and regulations or infringes IPR, you can inform us through the registered contact information, as below:
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT AND TERMINATE USER ACCOUNTS WHICH INDULGE IN OR PROMOTE THE PROHIBITED ACTIVITIES OR CONTRAVENE OUR TERMS OR APPLICABLE LAWS IN ANY OTHER WAY.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content”). Users grant I Kid You Not a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and us, we hold all ownership interest in their User Content for instance as submitted to us by way of article submission form. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
COPYRIGHT AND RESTRICTIONS OF USE
Once you submit your content to be published on our platform, you agree to I Kid You Not owning the content and you shall not republish that on any other platform. All the content on our platform is owned by us. This includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You do not have the permission to reproduce the information or content anywhere else.
I Kid You Not reserves all copyright and trademark in its platform and reserves the right to take action against you the event that you breach any of these terms.
Any redistribution or reproduction of part or all of the contents from the I Kid You Not platform is prohibited, with the exception of:
- Personal use
- School use (to show to an educator)
You may not
- Distribute or commercially exploit any (in full or in part) of the content.
- Store or publish it in any other website, social media platform, app or other form of digital retrieval system.
THIRD-PARTY WEBSITES, ADVERTISERS AND SERVICES
Each User agrees to defend, indemnify and hold harmless I Kid You Not and our Services, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. We may assume the exclusive defense and control of any matter for which Users have agreed to indemnify us and each User agrees to assist and cooperate with us in the defense or settlement of any such matters.
I Kid You Not has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
LIMITATION OF LIABILITY
I Kid You Not (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE DONATION INCLUDING FEES PAID TO us FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE OR INR 10,000, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF I KID YOU NOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TERMINATION AND SURVIVAL
Termination may result in the forfeiture and destruction of all information associated with any User Account.
Users may terminate their User Account by following the instructions on the Services, but we may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in India (our principal place of business); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over I Kid You Not, either specific or general, in jurisdictions other than India. This Agreement shall be governed by the laws of India, without respect to conflict of laws principles.
Each User agrees that any and all disputes or claims that have arisen or may arise between such User and I Kid You Not relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration in India and governed by Indian laws, rather than in court. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. User and I Kid You Not also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in India.
COOPERATION WITH AUTHORITIES AND POLICE ENFORCEMENT
We will cooperate with law enforcement authorities to the extent mandated by applicable laws including but not limited to the Information Technology Act, 2000 and Rules contain therein. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree that I Kid You Not may provide notifications to such User in the form of an email, written or hard copy, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications. Contact information shared by the User with us at the time of registration will be used for notification.
GRIEVANCE REDRESSAL MECHANISM
A fair amount of content on the platform is written by kids and teens, between the ages of 8 and 18, and represents the views of the writers. They do not necessarily reflect the opinions of the platform.
I Kid You Not believes in giving a voice to today’s children, no matter what side of the debate they are on. I Kid You Not also believes in providing non-biased and fair information. However, if any information is found to be inaccurate, you can reach our Grievance Redressal officer on:
UNSOLICITED IDEA SUBMISSIONS
Consistent with our culture of openness and learning, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services.
However, to avoid future misunderstandings with new products, services and features developed by us the following policy applies to all third party User submissions to us of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) We will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) We will not be liable for any use or disclosure of any submission; and (d) We shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
CHANGES TO TERMS
We may alter the Terms at any time, so please review them frequently. If a material change is made, we may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.