Marketplace Of Ideas

TERMS OF SERVICE AND POLICIES

Effective Date: August 1, 2023

We stay busy working with kid innovators every day. That’s why we put the fine print here.

TERMS OF USE

I. ACCEPTANCE OF TERMS OF USE

Please read the following terms and conditions (“Terms of Use” or “Terms” and the “Addendum”) carefully before accessing the [LINK] website (“Website”) provided by Kidvation Global, Inc (“Kidvation”). By using or accessing the Website, or pledging to users of this Website, you signify that you have read these Terms and agree to be bound by and comply with all terms and conditions contained herein, without modification. If you do not agree to these Terms of Use or the privacy policy included herein, you must immediately terminate your use of the Kidvation website. Kidvation reserves the right to modify these terms at any time and will post an amended Terms of Use that is always accessible on this Website. Kidvation reserves any rights not explicitly granted in these Terms of Use. Your continued use of the Website following our posting of amended or new terms of use will constitute binding acceptance of the amended or new terms of use. Someone using the website is referred to as “you”, “your”, or “supporter”.

II. WHO WE ARE

Kidvation is an online platform for supporting young entrepreneurs. Kidvation produces and holds events focused on innovative, engaging, and educational leadership-based curriculum for students. Kidvation also hosts young entrepreneurial “Projects” that can be supported financially. We [do/do not] charge a fee once a “Project’s” goal is met. The Website is available only to individuals who are at least 18 years old.

III. KIDVATION OWNERSHIP OF ALL INTELLECTUAL PROPERTY.

Kidvation maintains full ownership of its Website and any and all other forms of intellectual property included on the Website. Nothing in these Terms of Use, or the grant of the limited license herein, shall be construed as transferring any ownership, in full or in part, to you by your use of this Website. The logo, name, and all graphics on the Website belong to Kidvation; use, reproduction, copying, or redistribution, without the written permission of Kidvation is prohibited. Kidvation does, however, grant you a limited, revocable, and nonexclusive license to create a hyperlink (LINK) to this Website to share and promote, provided however, that the link and supporting content does not portray Kidvation in a false, misleading, or derogatory or offensive manner.

IV. NOT AN INVESTMENT

Our site does not host investment securities. A “Project” posted on our website will not offer any form of equity or investment opportunity with any form of a financial return. Any user attempting to use our platform or this website to fundraise and issue stocks, bonds, or any type of security will automatically be removed from our site and have their account banned and locked.

V. HOW “PROJECTS” WORK

Kidvation (or the platform title) provides a funding platform for projects created by young entrepreneurs. When the guardian of a young entrepreneur posts a project, anyone who supports the project is forming a contract with Kidvation with the following terms:

Kidvation is a 501(c)(3) nonprofit and tax-exempt organization. All money raised, minus a percentage service fee goes to the young entrepreneur’s project and completion of that “Project”. Anyone supporting a “Project” on Kidvation must understand that they are not buying something when they support a project – they are helping a young entrepreneur create something new, not ordering something that already exists.

A young entrepreneur is not required to finish or complete their “Project” although it is highly encouraged and Kidvation will equip all young entrepreneurs to achieve completion of their “Project”. If a young entrepreneur does not complete their project within a certain timeframe or abandons the project altogether, no refund will be issued to supporters unless within the sole discretion of Kidvation, funds have not been used appropriately towards the completion of the “Project”.

A young entrepreneur will agree to do the following things in order to ensure their supporters and Kidvation that the “Project” will be completed and funds used appropriately:
- Post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned, if necessary;
- Work diligently and in good faith to bring the “project” to the best possible conclusion in a timeframe that’s communicated to supporters;
- Demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the “project” as promised;
- Be honest and make no material misrepresentations in their communication to supporters; and
- Offer to return any remaining funds to supporters if the “Project” remains incomplete after a certain time frame (in proportion to the amounts pledged), or else explain how those funds will be used to complete the “project” in some alternate form.
You’re only charged if the project reaches its fundraising goal. You’ll provide your payment information when you pledge, but you won’t be charged. Your payment will only be collected if, at the time of the project’s funding deadline, the project has reached its fundraising goal. The exact amount you pledged is the amount Kidvation will collect. If the campaign hasn’t reached its fundraising goal, you won’t be charged, no funds will be collected, and no money will change hands.

In some cases we’ll reserve the charge on your card. Kidvation and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.

You can change or cancel your pledge at any time before the project’s funding deadline (with one exception). You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 24 hours of the campaign, you can’t decrease or cancel your pledge without contacting customer support first—if that action would drop the project below its funding goal. Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with Kidvation.

The estimated time to complete project is the young entrepreneur’s estimate. The month and year listed on each project is the young entrepreneur’s estimate of when they will launch the project—not a guarantee to fulfill by that time. The schedule may change as the young entrepreneur works on the project. We ask young entrepreneurs to think carefully, set an estimated delivery they feel confident they can work toward, and communicate with supporters about any changes.

Kidvation doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project young entrepreneur. Kidvation doesn’t hold funds on young entrepreneurs’ behalf, cannot guarantee young entrepreneurs’ work, and does not offer refunds, except in instances deemed appropriate to issue a refund based on the sole discretion of Kidvation.

VI. PRIVACY POLICY

Kidvation values and respects your privacy. If you use the Website, you agree that your activities are covered by our privacy policy. Kidvation reserves the right to modify this privacy policy. If the privacy policy is materially changed, then Kidvation will contact users of its Website via the email address you provided to Kidvation. Changes to the privacy policy are effective immediately upon their posting on the Website.

A. What Personal Data Kidvation Collects and Why Kidvation Collects. Kidvation collects personal information of Website visitors for spam prevention services. Other than the foregoing, Kidvation does not collect information that is not provided within the comment boxes provided through the Website. When users leave comments on the site, Kidvation collects the data shown in the comments form. The user’s IP address and browser user agent string are also collected to help spam detection and prevention. Additionally, an anonymized string created from a user’s email address (also called a hash) may be provided to Kidvation to see if users are using Kidvation’s website. After approval of a user’s comment, a profile picture is visible to the public in context with a user’s comment. If a user leaves a comment on the Kidvation site, the user may opt-in to saving their name, email address, and site in cookies. These are for the user’s convenience so that they do not have to fill in their details again when they leave another comment. These cookies will last for one (1) year. Kidvation may also collect data from third-party website analysis providers.

B. Personal Data.

Kidvation collects the personal information you provide during the registration process. This information includes but is not limited to your name, address, phone number, and email address.

Kidvation does not sell or trade any personal information or data collected from any Website analysis it may perform. Kidvation will disclose your personal information as required by law, in support of a disputed transaction, or if you violate the Terms of Use.
Kidvation does store the personal information you provide via the Website, either during the registration or support process, as well as information you provide in your user profile.

Kidvation does not store your payment information on Kidvation’s Website or servers; however, payment information you provide may be stored on a token on our Website via a third-party payment processer (e.g., Stripe, Paypal, or similar platform) utilized by Kidvation for processing payments. By providing payment via Kidvation’s Website, you understand and agree that the payment processor may include a token on our Website to collect and store such payment information.

All users that register on Kidvation’s Website can view, edit, or delete their personal information at any time (except they cannot change their username).

If users leave a comment on the Website, the comment and its metadata are retained indefinitely. This is so Kidvation can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. Site administrators can also see and edit that information.

Kidvation may occasionally send you emails about the Website general information about Kidvation, its services, and Projects. If you no longer wish to receive such emails, you may unsubscribe via the link found at the bottom of each email. Even if you unsubscribe, Kidvation may still contact you about your account or regarding Projects you have supported.

C. Children’s Privacy. Kidvation complies with all federal, state, and local laws applicable to Kidvation. Kidvation’s site does not collect, use, or disclose personal information from children under thirteen (13) years of age and therefore is not subject to the Children’s Online Privacy Protection Rule (“COPPA”). All projects are organized by guardians. While users are permitted to use Kidvation’s resources for educational purposes and instruction of children under the age of thirteen, at no time will Kidvation collect, use, or disclose personal information of children under thirteen. If you are a parent or guardian and you are aware that your child has provided Kidvation with any Personal Data, please contact us at [customer support email]. If Kidvation becomes aware that it has collected Personal Data from anyone under the age of thirteen (13) without verification of parental consent, Kidvation will remove that information from its servers.

D. Your Rights Over Your Data. If you are a registered user, or have left comments, you can request to receive an exported file of the personal data Kidvation holds about users, including any data users have provided to Kidvation. Users can also request that Kidvation erase any personal data it holds about users. This does not include any data Kidvation is obliged to keep for administrative, legal, or security purposes.

E. Where Kidvation Sends User Data. User comments may be checked through an automated spam detection service.

F. California Users. California law entitles California website guests to request information relating to whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. Kidvation will not sell or transfer personal information to third parties for their direct marketing purposes without your consent.

VII. YOUR OBLIGATIONS

A. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with these Terms of Use, including the privacy policy included herein, and with all applicable laws and regulations, and that (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. You understand that your use of Kidvation’s Website is solely at your own risk and is subject to all applicable laws, regulations, and ordinances. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws, and regulations with respect to your use of the Website and that you will not interfere with the use and enjoyment of the Website by other users or with Website’s operation and Kidvation’s management of the Website. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Websites, including, without limitation, information required to be provided through an online Kidvation registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Kidvation reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website. Unless expressly required by law, you understand that Kidvation does not guarantee the confidentiality or security of any communication to or from the Kidvation Website or other forms of communication.

B. User-Generated Content on Website. Kidvation retains the right to remove any content you may post on the Kidvation Website for any reason, including but not limited to, “pledges” or comments that Kidvation, in its sole discretion, deem threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Kidvation also retains the right to ban or block a user from posting or commenting on Kidvation’s Website without notice as it deems necessary and in its sole discretion.

VIII. KIDVATION DISCLAIMERS

A. Disclaimer of Warranties. Kidvation provides its Website on an “AS IS” basis. Kidvation and its officers, directors, employees, owners, members, suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from course of dealing or performance. Kidvation does not make any warranty, either express or implied, that the Website will be uninterrupted, secure, or error free. You understand and acknowledge that your use of this Website is done so at your own discretion and risk, and that Kidvation is not responsible for any data corruption, technical difficulties, or interruptions. User will be solely responsible for any damage resulting from such use of this Website downloaded from the Website.

B. Third-Party Services and Websites. Kidvation utilizes third-party services to operate and enhance Kidvation’s Website experience through features operating in the background of the Website. Although Kidvation performs due diligence and uses reasonable efforts to select third-party service providers who align with Kidvation’s mission and values, Kidvation has no control over and assumes no responsibility for the services provided to Kidvation by any third-party. Further, Kidvation’s Website provided may contain links to other websites and utilize third-party services that are not operated by Kidvation. If you click on a third-party link, you will be directed to that third party’s website. Kidvation has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Kidvation has used reasonable efforts to verify the authenticity of third-party links and the products the links provide, but Kidvation is not responsible for a third-party’s provided link or the products the links provide. In no event will Kidvation be liable for the acts, omissions, products or services of any third-party licensors, contractors, outsourcers, or other vendors (including a failure to provide or perform such services).

C. Indemnification. You agree to defend, indemnify, and hold harmless Kidvation and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Kidvation Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the website; (ii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) failure of the project owner to utilitze the funds appropriately, or (v) any disputes or issues between you and any third party concerning this website. Kidvation reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with the defense of such claim.

D. Limitation of Liability. TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL KIDVATION BE LIABLE TO YOU FOR ANY PERSONAL INJURY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO KIDVATION’S WEBSITE OR RESOURCES.

IX. MISCELLANEOUS

A. Changes to the Terms of Use. Kidvation reserves the right to revise these Terms of Use or its Website at any time in its sole discretion. Your use of the Website signifies your acceptance of all terms and conditions contained in the Terms of Use that are posted on the Website at the time of your use. The Effective Date will be posted with the most current Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. You are responsible for regularly reviewing the Terms of Use posted on Kidvation’s Website.

B. Violations of Terms of Use. If we do not immediately take action to address a violation of these Terms of Use, Kidvation is not waiving our rights to take action in the future.

C. Severability and Waiver. If any particular provision of these Terms of Use is found to be unenforceable, that provision will be severable and will not affect any of the other provisions. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

D. Support. Your purchase of a license for a Resource or subscription/membership includes access to email support to Kidvation which allows you to request Kidvation assistance by email at [support email] at any time. Kidvation makes reasonable efforts to respond to all requests within two (2) business days.

E. Jurisdiction. This Website is owned and operated by Kidvation from our offices in Oklahoma. Your use of the Website and any related legal action that may arise in connection with the foregoing, will be governed by the laws of the State of Oklahoma, without regard to conflict of laws principles. The sole jurisdiction for any litigation arising out of your use of or inquiries to the Website will be an appropriate federal or state court located in Oklahoma County, Oklahoma.

F. Dispute Resolution. In the interest of resolving disputes in the most expedient and cost-effective manner, you and Kidvation agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding confidential arbitration. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ACCESSING THIS WEBSITE, YOU AND Kidvation ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

H. Copyright Complaints. Kidvation respects the intellectual property rights of others. If for any reason you believe your intellectual property has been used or violated on the Website, you may send a written notification, containing all of the information required under 17 U.S.C. §512(c)(3), to our Designated Copyright Agent at [LINK] regarding the issue.

ADDENDUM ON DATA AND PRIVACY TO TERMS OF USE

1. OWNERSHIP OF DATA.

All data transmitted to Kidvation through the website is and will continue to be the property of and under the control of the user or the user’s parent or guardian. Kidvation and user or user’s parent or guardian, further acknowledges and agrees that all copies of such data transmitted to Kidvation, including any modifications or additions or any portion thereof from any source, are subject to the provisions of this Terms of Use in the same manner as the original data. The Parties agree that as between them, all rights, including all intellectual property rights in and to data contemplated per the Terms of Use shall remain the exclusive property of the Kidvation unless a separate agreement is otherwise reached.

2. NO UNAUTHORIZED USE.

Kidvation shall use data only for the purpose of fulfilling its duties and obligations under the Terms of Use and will not share data with or disclose it to any Third Party without the prior written consent of the user or the user’s parent or guardian, except as required by law or to fulfill its duties and obligations under the Terms of Use.

3. THIRD PARTY REQUEST.

Should a third party, including law enforcement or a government entity, contact Kidvation with a request for data held by Kidvation pursuant to the Terms of Use, Kidvation shall immediately (within 1 business day), and to the extent legally permitted, redirect the third party to request the data directly from the user or user’s parent or guardian, notify the user or user’s parent or guardian of the request, and provide a copy of the request to the user or user’s parent or guardian. Furthermore, if legally permissible, Kidvation shall promptly notify the user or user’s parent or guardian of a subpoena compelling disclosure to a third party and provide a copy of the subpoena with sufficient time for the user or user’s parent or guardian to raise objections to the subpoena. Kidvation will not use, disclose, compile, transfer, or sell the data and/or any portion thereof to any third party or other entity or allow any other third party or other entity to use, disclose, compile, transfer or sell the data and/or any portion thereof. Notwithstanding any provision of this terms of use or Agreement to the contrary, Kidvation understands that the user or user’s parent or guardian is subject to and will comply with the law. Kidvation understands and agrees that information, documentation, and other material that may be subject to public disclosure.

4. REASONABLE PRECAUTIONS.

User and/or user’s parent or guardian shall take reasonable precautions to secure usernames, passwords, and any other means of gaining access to the services and hosted data.

5. UNAUTHORIZED ACCESS NOTIFICATION.

User and/or user’s parent or guardian shall notify Kidvation promptly of any known unauthorized access. User or user’s parent or guardian will assist Kidvation in any efforts by Kidvation to investigate and respond to any unauthorized access.

6. PROVIDE DATA IN COMPLIANCE WITH STATE AND FEDERAL LAW

All provided data for the purposes of the Terms of Use are in compliance with COPPA and all other applicable privacy statutes cited in this Terms of Use as these laws and regulations apply to the contracted services. The user and/or user’s parent or guardian shall not be required to provide data in violation of applicable laws. Kidvation may not require a user and/or user’s parent or guardian to waive rights under applicable laws in connection with use of the Website.

7. PRIVACY COMPLIANCE.

Kidvation may receive Personally Identifiable Information (“PII”) from the user and/or user’s parent or guardian in the course of fulfilling its duties and obligations under the Terms of Use or operating the Website. Kidvation shall comply with all applicable State and Federal laws and regulations pertaining to data privacy and security including COPPA and all other privacy statutes cited in this Terms of Use.

8. EMPLOYEE OBLIGATION.

Kidvation shall require all employees and agents who have access to data to comply with all applicable provisions of this Terms of Use with respect to the data shared under through the website. Kidvation agrees to require and maintain an appropriate confidentiality agreement from each employee or agent with access to data pursuant to the Terms of Use.

9. TARGETED ADVERTISING PROHIBITION.

Kidvation is prohibited from using or selling data to (a) market or advertise to students or families/guardians; (b) inform, influence, or enable marketing, advertising, or other commercial efforts by a Kidvation; (c) develop a profile of a student, family member/guardian or group, for any commercial purpose other than providing the services listed on the Website; or (d) use the data for the development of commercial products or services, other than as necessary to provide the services listed on the Website.

10. ACCESS TO DATA.

Kidvation shall make data in the possession of the Kidvation available to the user and/or user’s parent or guardian within five (5) business days of a request by the user and/or user’s parent or guardian.

11. DATA SECURITY.

Kidvation agrees to abide by and maintain adequate data security measures, consistent with industry standards and technology best practices, to protect data from unauthorized disclosure or acquisition by an unauthorized person. The general security duties of Kidvation are set forth below. These measures shall include, but are not limited to:

Passwords and Employee Access. Kidvation shall secure usernames, passwords, and any other means of gaining access to any Website data, at a level consistent with an industry standard. Kidvation shall only provide access to data to employees that are performing the Website services. Employees with access to data shall have signed confidentiality agreements regarding said data. All employees with access to data shall pass criminal background checks.

Security Protocols. Both parties agree to maintain security protocols that meet industry best practices in the transfer or transmission of any data, including ensuring that data may only be viewed or accessed by parties legally allowed to do so. Kidvation shall maintain all data obtained or generated pursuant to the Terms of Use in a secure environment.

Employee Training. Kidvation shall provide periodic security training to those of its employees who operate or have access to the system.

Periodic Risk Assessment. Kidvation shall conduct periodic risk assessments and remediate any identified security and privacy vulnerabilities in a timely manner.

Incident Response. Kidvation shall have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of any portion of data, including PII.