Noor Kids Ramadan Policy and Terms
1.1 Account. In order to use certain features of the application, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Noor Kids, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify Noor Kids at support@noorkids.com. You may be liable for the losses incurred by Noor Kids or others due to any unauthorized use of your Website account.
1.2 Integrated Service. Noor Kids may permit You to register for the application through, or otherwise associate your Noor Kids account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”). By registering for the Application using (or otherwise granting access to) an Integrated Service, you agree that Noor Kids may access your Integrated Service’s account information, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Website via the Integrated Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Application through the Integrated Service. Noor Kids does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.
1.3 Child User. If You are a User of the Application and are under the age of 13 (“Child User”), You may not register an account for the Application without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Application if registered through certain educational organizations .
1.4 Parent User. If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Application, You may register a parent account on the Website (“Parent User”). IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Noor Kids may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Noor Kids deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Noor Kids reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT NOOR KIDS CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND NOOR KIDS IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Noor Kids at any time and without warning for any failure to abide by these Terms.
2. Modification of the Terms. Noor Kids reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Application after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Noor Kids will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Application, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Noor Kids makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.3.1 User Content. Noor Kids may permit (a) the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by You and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, Noor Kids does not guarantee any confidentiality with respect to any submissions.
3.2 License Grant to Noor Kids. By posting, submitting or distributing User Content on or through the Application, You hereby grant to Noor Kids a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
3.4 Access to Your User Content. Noor Kids may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Application users) to view. You acknowledge and agree that, although Noor Kids may provide certain features intended to allow you to restrict some User Content you create from others, Noor Kids does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Noor Kids will use reasonable efforts to notify you pursuant to Section 14.1 below. NOOR KIDS HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
3.5 User Content Disclaimer. You understand that when using the Application You will be exposed to User Content from a variety of sources, and that Noor Kids is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Noor Kids with respect thereto. Noor Kids does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Noor Kids expressly disclaims any and all liability in connection with User Content.
4. Digital Millenium Copyright Act. It is Noor Kid’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Noor Kids Terms and Conditions. Noor Kids will promptly terminate without notice your access to the Application if You are determined by Noor Kids to be a “repeat infringer.” A repeat infringer is a User who has been notified by Noor Kids of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Application more than twice.
5. Proprietary Materials; Licenses
5.1 Proprietary Materials. The Application is owned and operated by Noor Kids. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Application (the “Application Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. All Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Application are owned by or licensed to Noor Kids, and Noor Kids reserves all rights therein and thereto not expressly granted by these Terms.
5.2 Licensed Educational Content. Noor Kids may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by Noor Kids or its third-party licensors (the “Licensed Educational Content”). Noor Kids grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Application by Noor Kids solely for your personal, non-commercial purposes. Unless expressly indicated on the Application that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
5.3 Non-Commercial Use. The Licensed Educational Content are intended for personal, non-commercial use only. Without limiting the foregoing, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Noor Kids.
(a) Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that Noor Kids expressly defines as falling outside of “non-commercial” use:
- the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
- providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
- the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.
(b) Use Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with an fee-based training or educational program is NOT “non-commercial” and is not permitted.
5.4 Crediting Noor Kids. If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All Noor Kids content is available at www.noorkids.com”
6. Prohibited Conduct. YOU AGREE NOT TO:
6.1. use the Application for any commercial use or purpose unless expressly permitted by Noor Kids in writing, it being understood that the Application and related services are intended for personal, non-commercial use only;
6.2 except as expressly permitted under Sections 5.3 of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Application Materials;
6.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
6.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
6.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
6.6 delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content, or User Content;
6.7 assert, or authorize, assist, or encourage any third party to assert, against Noor Kids or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, or User Content You have used, submitted, or otherwise made available on or through the Application;
6.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Application (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
6.9 use the Application for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.10 defame, harass, abuse, threaten or defraud Users of the Application, or collect, or attempt to collect, personal information about Users or third parties without their consent;
6.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, Licensed Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, or User Content;
6.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.13 modify, adapt, translate or create derivative works based upon the Application or any part thereof, except and only to the extent expressly permitted by Noor Kids herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
6.14 intentionally interfere with or damage operation of the Application or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Third-Party Sites, Products and Services; Links. The Application may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Noor Kids does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
8. Termination.
8.1 Termination by Noor Kids. Noor Kids, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Noor Kids or your use of the Application and remove and discard all or any part of your account, User profile, and User Content, at any time. Noor Kids may also in its sole discretion and at any time discontinue providing access to the Application, or any part thereof, with or without notice. You agree that any termination of your access to the Application or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Noor Kids will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Noor Kids may have at law or in equity. As discussed herein, Noor Kids does not permit copyright, trademarks, or other intellectual property infringing activities on the Application, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
8.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Application, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Noor Kids in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Application.
9. Indemnification. You agree to indemnify, defend, and hold harmless Noor Kids, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Noor Kids Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Application, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent User. Noor Kids reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Noor Kids, and You agree to cooperate with Noor Kid’s defense of these claims. Noor Kids will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
10. Disclaimers; No Warranties
10.1 No Warranties. THE APPLICATION, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOOR KIDS, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOOR KIDS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10.2 Content. NOOR KIDS, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE APPLICATION OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE APPLICATION WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
10.3 Harm to Your Computer, Cell Phone, or Mobile Device. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, APPLICATION MATERIALS, SOFTWARE, OR DATA THROUGH THE APPLICATION (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
10.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. Limitation of Liability and Damages.
11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NOOR KIDS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE APPLICATION OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH NOOR KIDS, EVEN IF NOOR KIDS OR A NOOR KIDS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NOOR KIDS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11.2 Limitation of Damages. IN NO EVENT WILL NOOR KIDS’ OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE APPLICATION OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATION DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
11.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT NOOR KIDS HAS OFFERED THE APPLICATION AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NOOR KIDS, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NOOR KIDS. NOOR KIDS WOULD NOT BE ABLE TO PROVIDE THE APPLICATION TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
12. Miscellaneous.
12.1 Notice. Noor Kids may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Noor Kids is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
12.2 Waiver. The failure of Noor Kids to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Noor Kids.
12.3 Dispute Resolution and Arbitration.
(a) Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law.
(b) Arbitration. For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Noor Kids or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or Noor Kids will be filed only in the state or federal courts in and for Hennepin County, Minnesota, and each of You and Noor Kids hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, Noor Kids shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
(e) Claims. YOU AND NOOR KIDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.4 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12.5 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Noor Kids’ prior written consent, but may be assigned by Noor Kids without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
12.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
12.7 Entire Agreement. The Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and Noor Kids relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Noor Kids as set forth in Section 4 above.
12.8 Disclosures . The Application is hosted in the United States, and the services provided hereunder are offered by Noor Kids: 9220 Bass Lake Road, Suite LL70, New Hope, MN 55428; support@noorkids.com.
13. Privacy Policy.
13.1. What information do we collect? We collect personal information and usage information when a parent (“Parent” or “You”) downloads and uses the App, including:
- Information you provide to us.When you sign up for an account on the Noor Kids app, we collect your email address. When you click on our email to verify your email address, we will collect your IP address and approximate location at the city or zip code level where you verified the email address. If you choose to establish an account so you may access the App across various devices, we will collect your password. Additionally, we collect your phone number in the event that we need to verify your account. Finally, we collect birthdate to ensure that people signing up for the account are at-least 13 years of age.
- App usage information we collect when you use the App.We collect information about how you use the App, such as the features you use and the time spent on the App. We associate this information with an internal account ID we assign to you for our internal purposes, including, for example, to help us recognize you across devices you use to access the App and personalize your experience based on your last App use. We may also collect other information from your device(s) or from the app store through which you downloaded the Noor Kids app. For example, we may collect information about the device(s) you use to access the App (e.g., mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, preferred language). We may collect analytics data to help us measure traffic and usage trends for the App and to understand more about the demographics of our users. We use this information to customize the function and appearance of the App based on information related to your account (e.g., the age of your child and your device settings).
- How we use the information we collect. We use the information we collect to:
- Operate, maintain, enhance, and provide all of the features of our App.
- Personalize your experience while using the App, including on various devices you use to access the App. For instance, we may remember your recent activity so we can recommend the most appropriate curriculum and content for you on your next visit.
- Communicate with you about your account and account activity (such as your child’s progress) and to respond to inquiries. From time to time, we may also use your information to send you emails about Noor Kids and our other websites and services that may be of interest to you.
- Understand and analyze the usage trends, behaviors, and preferences of our users, to improve the way the App works and looks, and to develop new features and functionality.
- Maintain, develop, support, and improve our App and other educational products and services.
- Provide recommendations for new services, resources, and products offered by Noor Kids.
13.2 How we share or transfer data to others. We care deeply about the privacy of our users. We do not rent or sell your personal information to third parties for their own purposes without your consent. We share or disclose your personal information only as needed to provide our service and in the following circumstances:
- Vendors and Service Providers. We may share information with our trusted vendors, third party service providers, and individuals to provide services or products for us or on our behalf, which may include hosting, email delivery, and business administration or professional services (e.g., legal advisors, accountants). When we share personal information with third party service providers or vendors, these third parties are contractually obligated to maintain the security and confidentiality of that personal information.
- Aggregate or de-identified information. We may share information in aggregated and/or anonymous form that cannot reasonably be used to identify any individual.
- Merger or Sale. If we become involved in a merger, acquisition, bankruptcy, change of control, or any form of sale of some or all of our assets, your personal information may be transferred or disclosed in connection with the business transaction. In such an event, we will make efforts to require the new owner to abide by the terms of this Privacy Policy or to provide notice before your personal information is transferred and becomes subject to a different privacy policy.
- Other. We may disclose personal information if we have a good faith belief that such disclosure is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request; (b) enforce applicable Terms of Service, including investigation of potential violations thereof; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) protect the rights, property, or personal safety of Noor Kids, our users or the public; or (e) as required or permitted by law.
13.3 Marketing, advertising and email communications
- Email communications. Noor Kids may, from time to time, send you email regarding our products and services, or products and services we think you may enjoy. Only Noor Kids (or our vendors or service providers operating on our behalf) will send you these emails. You can choose not to receive these emails by clicking the unsubscribe link in any email. Please note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, changes or updates to features of the App, or technical or security notices.
- Interest based advertising.We do not display any targeted advertising in the Noor Kids App. We do not permit third parties to collect information about your use of the Noor Kids App for the purpose of sending you targeted advertisements on other websites or applications. Although we are unable to recognize Do Not Track signals set by your browser, we do not engage in activities which track our users across other websites or mobile apps over time.
However, outside of the Noor Kids app, we may engage in interest-based advertising to deliver online advertisements about our App, and may use third party advertising companies to serve targeted advertisements on other websites, apps or services, including on Facebook and other social networks. These advertisements are not based on the personal information we collect from you or on your activities on our App, though you may see one of these advertisements based on your activities on other websites or services (for instance, if you type “learning mobile app” into an online search engine, you may see an advertisement for Noor Kids).
To learn about interest-based advertising and your choices, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices.
13.4 How to access, update or delete your personal information. Please contact us at support@noorkids.com to update or delete your personal information.
We may not be able to delete information in all instances, such as information retained in technical support logs and other business records. We may retain information which has been de-identified or disassociated with personal identifiers such that it can no longer be used to reasonably identify a particular individual.
Unless we receive a deletion request, we will retain your information for as long as your account is active or as is reasonably useful for operational purposes. For example, we may retain certain data as necessary to prevent fraud or future abuse, for recordkeeping or other legitimate business purposes, or if required by law. We may also retain information which has been de-identified or aggregated such that it can no longer reasonably identify a particular individual. All retained personal information will remain subject to the terms of this Privacy Policy.
13.5 Our approach to data security. Data security is important to you, and to us. We use certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information and other information we maintain in connection with our App. However, no security system is impenetrable, and we cannot guarantee the security of your personal information. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you of the security incident in accordance with applicable laws and regulations.
13.6 How do we protect Children’s Privacy? Our App is intended to be used by children under 13 only with the consent and oversight of a parent. An adult with a verified email address must download the App and create an account before permitting a child to use the App. Please contact us at support@noorkids.com if you believe we have inadvertently collected information from a child under 13 without consent from a parent or guardian so that we may delete the information as soon as possible.
13.7 International Visitors. Our App is operated and managed on servers located within the United States. If you choose to use our App from the European Union or other regions of the world with laws governing data collection and use that differ from United States law, then you acknowledge that we will transfer your personal information to the United States for the purpose of performing the App according to our contract (e.g., our Terms of Service) and for any other purpose for which you provide explicit, informed consent.
13.8 European Union Data Protection. For personal data subject to the European Union General Data Processing Regulations ("GDPR"), we rely on several legal bases to process the data. These legal bases include where:
a. The processing is necessary to perform our contractual obligations in our Terms of Service or other contracts with you (such as to provide you the App as described in our Terms of Service);
b. You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
c. The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
d. The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing the App, marketing the App, such as new features or products that may be of interest, and promoting safety and security as described above.
If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.
13.9 Residents in the European Union are entitled to certain rights with respect to personal information that we hold about them:
a. Right of access and portability. The right to obtain access to your personal information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;
b. Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;
c. Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed;
d. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and
e. Right to object. The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
13.10 Links to other sites. The App may link to and may be linked by websites operated by other entities or individuals. Some of these websites, such as the Noor Kids Facebook page, may be co-branded with our name or logo. This Privacy Policy does not apply to, and we cannot always control the activities of, such other third-party websites. You should consult the respective privacy policies of those third-party websites.