Terms of use

This notice describes TutoTod’s Terms of Use (“Terms of Use”, or ”Terms”) as it pertains to the website at www.tutotod.com (the "Website") and any mobile applications of any kind (the “Apps”), features and content distributed by TutoTod (together with the Website and the Apps, the “TutoTod Products” or “Our Products”).

Please read these Terms of Use carefully before using any TutoTod Products.

Children, if you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these Terms of Use on your behalf and take full responsibility for compliance with these Terms of Use.

TutoTod recommends that you use safety scissors, nontoxic and washable glue and markers, and other nontoxic supplies and tools when using the Apps. Also, try to avoid paper cuts. Protect the surface on which you are working, so that you do not damage your furniture. When you make a twine necklace, bracelets, masks or any similar item, a child can put it on, but it should be taken off when a child is not supervised. Never leave your child alone with those supplies and tools, or without supervision of an adult.

TutoTod Apps are made for parents. Parents decide when they will include a child in the creative process and which tasks will a child do on his or her own.

By accessing and using TutoTod Products, downloading a TutoTod App or continuing to use the service, you acknowledge that:

(1) you are at least 18 years of age or any older legal age required to form a contract in your jurisdiction;

(2) you have the right, authority and legal capacity to enter into this agreement;

(3) you have read, understood and agree to be bound by these Terms with respect to yourself and any minor child authorized by you.

By using any of TutoTod Products or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use TutoTod Products.

TutoTod doo (“TutoTod”, “we”, or “us”) endeavors to provide a safe and friendly educational environment for children under 13 years old, with their parent’s consent and supervision, to experience rich content. Our Products include our mobile application, our Website, and other features, content and functionalities offered by us from time to time in connection with our Website.

Although we may attempt to notify you when major changes are made to these Terms of Use, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Use from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting forward. Your continued use of Our Products after a modification has been made to the Terms of Use constitutes your acceptance of such modification. The date of last revision will be available at the top of this page, so please be sure to check back periodically.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via TutoTod Products.

You may not use Our Products for commercial purposes or in any way that is unlawful, or harms TutoTod or any other person or entity.

TutoTod’s collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the TutoTod Privacy Policy (published at www.tutotod.com), which is incorporated by reference and made a part of these Terms of Use.

TutoTod Content

“Content” is defined as all digital material including, without limitation, information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to Our Products. TutoTod owns, or has a license to, all right, title and interest in the TutoTod Content it makes available through TutoTod Products. Except for any rights specifically enumerated as being licensed to you hereunder, TutoTod reserves any and all of its rights to the TutoTod Content. You are only permitted to use the TutoTod Content as expressly authorized by TutoTod or the specific Content provider.

Specific License and Restrictions

By use of the TutoTod Products you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities:

(i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Apps, Website, TutoTod Products or Content in any way inconsistent with the rights of use provided by TutoTod herein;

(ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of TutoTod;

(iii) attempt to access source or object code of the TutoTod Products, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language;

(iv) amend, change, modify (including the creation of any derivative or other works) TutoTod Products;

(v) create code, software or other program that incorporates any elements of TutoTod Products;

(vi) attempt to hack into, compromise or otherwise access the object or source code of TutoTod Products for any purposes, personal or commercial; or

(vii) interrupt or attempt to interrupt the operation of TutoTod Products in any way.

Your Grant of Rights

If TutoTod provides the ability for you to submit Content to TutoTod Products, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that your submit, or have sufficient rights to submit the Content to TutoTod Products without infringing any third-party rights. TutoTod does not claim any ownership rights in any Content that you may submit or offer through TutoTod Products. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to TutoTod to:

Submission of Ideas

To the extent that you submit, via TutoTod Products or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for TutoTod Products, you agree that such Ideas are non-confidential and non-proprietary, and TutoTod shall not be liable for the disclosure of such Ideas.

You hereby grant and agree to grant TutoTod, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in TutoTod Products without compensation or accounting to you and without further recourse by you.

Updates to the service

TutoTod may require that you accept updates to TutoTod Products and to the Content you have installed on your computer or mobile device. You acknowledge and agree that TutoTod may update TutoTod Products with or without notifying you.

Disclaimer of Warranties

Our Products, including, without limitation, TutoTod Content, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither TutoTod nor any of their owners, employees, managers, officers or agents (collectively, the “TutoTod parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) TutoTod Products; (b) the TutoTod content; or (c) user content; or (d) security associated with the transmission of information to TutoTod or via Our Products. In addition, the TutoTod parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The TutoTod parties do not represent or warrant that Our Products will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes Our Products available is free from any harmful components, including, without limitation, viruses. The TutoTod parties do not make any representations or warranties that the information (including any instructions) in Our Products is accurate, complete, or useful. You acknowledge that your use of Our Products is at your sole risk. The TutoTod parties do not warrant that your use of Our Products is lawful in any particular jurisdiction, and the TutoTod parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Use.

By accessing or using Our Products you represent and warrant that your activities are lawful in every jurisdiction where you access or use Our Products.

The TutoTod parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TUTOTOD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY TUTOTOD OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall TutoTod’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing Our Products.

Indemnification

You agree to indemnify, defend and hold harmless, TutoTod, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to Our Products from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. TutoTod reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TutoTod in asserting any available defenses.

Our Products (excluding any linked websites) are governed by the laws of the Republic of Croatia. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Our Products.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and TutoTod agree that any cause of action arising out of or related to Our Products shall be heard under Croatian law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Use or any of the transactions contemplated herein or related to Our Products or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. TutoTod will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to TutoTod by email at support@tutotod.com.

If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing.

The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of Our Products is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

The parties agree that any arbitration shall be limited to the Dispute between you and TutoTod individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If you have a dispute with another user of Our Products, you release TutoTod (and TutoTod’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. TutoTod, at its sole discretion, may try to help resolve disputes between users; however it has no obligation to do so.

Notices

All notices to a party shall be in writing and shall be made via email. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to TutoTod must be sent at support@tutotod.com. Notices or messages to you may be broadcasted through Our Products to inform you of changes to Our Products or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between TutoTod concerning the subject matter of the Terms of Use and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and TutoTod. To the extent that anything in or associated with Our Products is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Severability

If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Miscellaneous

Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Our Products or information provided to or gathered by TutoTod with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

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