Under 18 Child Terms of Service

These Terms of Service ("Terms") govern the use by your child, including a child for which you are the legal guardian, ("child") of the Parentmuse from WeRFolks. Children can use Parentmuse to communicate with family, friends or groups (such as schools, classrooms or extracurricular groups) – all subject to the control of their parent or guardian. When you and other Parentmuse account holders interact with your child on Parentmuse, the Parentmuse Terms shall continue to apply to you and them.

1.Parentmuse Under 18 Child service

By creating a Parentmuse under 18 child account for your child, you agree to these Terms on your child's behalf, and we agree to provide your child with use of the Parentmuse platform. Parentmuse is a community social network platform focused on Parents, grandparents and their children/ grand- children. With Parentmuse children can creatively express themselves, subject to your control as a parent or guardian.

To help advance this mission, we provide the service and product described below:

a)Enable children to communicate with others, while parents remain in control: Parentmuse enables your child to communicate with family, friends or groups (such as schools, classrooms or extracurricular groups), subject to your control as a parent or guardian.

b)Provide a personalised experience for your child: Your child's experience on Parentmuse is tailored to them. We use the information we collect – for example, the contacts your child has, the choices and settings you select for their account, and your child's activities on Parentmuse – to personalise their experience.

c)Combat harmful conduct, and protect and support our community: We work to detect misuse of Parentmuse or harmful conduct towards others. If we learn of content or conduct like this, we take appropriate action – for example, offering help, removing content, blocking access, disabling an account, and notifying parents or guardians when your child reports someone, or contacting law enforcement. We share data with other Parentmuse companies when we detect misuse or harmful conduct by someone using one of our Products.

d)Enable global access to our services: To operate our service, we need to store and distribute content and data in our data centres and systems, including outside your country of residence. This infrastructure may be operated or controlled by third parties.

2.Privacy and Privacy Policy

Your child's privacy is very important to us. We designed the Parentmuse Privacy Policy to give you clear information about how we process your child's information and content you or your child provide on Parentmuse. By creating a Parentmuse Under 18 child account for your child and agreeing to these Terms on their behalf, you agree that we can collect, use and share your child's content and information in accordance with the Parentmuse Privacy Policy.

3.Permissions you give us

We need certain permissions from you to provide our services:

a)Permission to use content that your child shares and creates: Some content that your child shares or uploads, such as photos or videos, may be protected by intellectual property laws. Your child owns the intellectual property rights to any content they create. Nothing in these Terms takes away the rights that your child has to their own content. They are free to share their content with anyone else, wherever they like. You should carefully consider your child's contacts, because as with other services that allow users to share content, people who can see your child's messages can choose to share those messages with others, including people who are not your child's contacts.

To provide our services, we need you to give us some legal permissions (known as a "licence") to use this content. This is solely for the purposes of providing and improving our Products and services.

Specifically, when your child shares or uploads content that is covered by intellectual property rights on or in connection with Parentmuse, you, on your child's behalf, grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the content (consistent with your settings and the Parentmuse Privacy Policy). This means, for example, that if your child shares a photo on Parentmuse, you, on behalf of your child, give us permission to store, copy and share it with others (again, consistent with the permissions you gave to your child's account) such as service providers that support our service.

You can delete content from your child's account by deleting their Parentmuse under 18 child account.

When you delete a Parentmuse Under 18 child account, it is no longer visible to other users; however, content from that account may continue to exist elsewhere on our systems where:

i.immediate deletion is not possible due to technical limitations;

ii.your child's content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content has been deleted);

iii.your child sent messages and content to others (in which case, it may remain visible to those users); or

iv.where immediate deletion would restrict our ability to:

a.investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);

b.comply with a legal obligation, such as the preservation of evidence; or

c.comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained. The exact duration will vary on a case-by-case basis.

In each of the above cases, this licence will continue until the content has been fully deleted.

b)Permission to update software you use or download: If you or your child download or use our software, you give us permission to download and install updates to the software where available.

4.Limits on using our intellectual property

If you or your child uses content covered by intellectual property rights that we have and make available in Parentmuse (for example, images, designs, videos or sounds we provide that your child adds to content they create or share on Parentmuse), we retain all rights to that content (but not theirs). You or your child can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You or your child must obtain our written permission (or permission under an open-source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

5.Safety

While we cannot guarantee it, we do our best to keep Parentmuse safe and have designed the Parentmuse experience with safety front and centre. We also need your help. As such, you agree, on behalf of yourself and your child, that you and your child will use Parentmuse in accordance with the Terms. You also agree, on behalf of yourself and your child, that you and your child will not:

a.Bully, intimidate or harass other people.

b.Post content that is hate speech, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

c.Use Parentmuse to do anything unlawful, misleading, malicious or discriminatory.

d.Post unauthorised commercial communications (such as spam) on Parentmuse.

e.Obtain, collect or access any information on Parentmuse relating to any user using automated means (such as harvesting bots, robots, spiders, scripts or scrapers) without our prior permission, for example, to automate activity on Parentmuse or copy profiles and other data from Parentmuse.

f.Engage in unlawful multi-level marketing on Parentmuse.

g.Upload viruses or other malicious code.

h.Solicit login information or access an account belonging to anyone other than themselves.

i.Develop or operate a third-party application containing alcohol-related, dating or other mature content (including ads).

j.Do anything that could disable, overburden or impair the proper working or appearance of Parentmuse, such as a denial of service attack or interference with page rendering or other Parentmuse functionality.

k.Facilitate or encourage any breaches of these Terms or our policies.

We can, at any time, remove or restrict access to content that is in breach of these provisions.

6.Registration and account security

When registering and maintaining the security of your child's Parentmuse Under 18 child account, you agree, on behalf of yourself and your child, to the following:

a.You and your child will not provide any false personal information on Parentmuse or create an account for anyone other than your child.

b.If we disable your child's Parentmuse Under 18 Child account, you will not create another one without our permission.

c.You will keep your and your child's registration information accurate and up to date.

d.You and your child will not share login information, let anyone access your child's Parentmuse under 18 child account other than you (and, if you are a child, your parent or guardian) or do anything else that might jeopardise the security of your child's account.

e.If you select a username or similar identifier for your child's Parentmuse under 18 child account that infringes the law or someone else's rights, we reserve the right to remove or reclaim it as needed.

7.Protecting other people's rights

We are working hard to create an environment on Parentmuse where people respect each other, and we expect Parentmuse users to respect others' rights as well. You agree on behalf of yourself and your child that:

a.You and your child will not post content or take any action on Parentmuse under 18 child that infringes or violates someone else's rights or otherwise violates the law.

b.We can remove any content or information you or your child provides on Parentmuse that violates these Terms or our policies.

c.We can revoke access of any user of Parentmuse if that user has violated our Terms or our policies.

d.We provide you with tools to help you protect your child's intellectual property rights.

e.You and your child will not request, collect or post anyone's private information (such as identification documents, financial information or any sensitive information on Parentmuse).

8.Mobile and other devices

a.We currently provide the Parentmuse for free as well as at some charges, but please be aware that your network provider's normal rates and fees, such as text messaging and data charges, will still apply.

b.You agree to accept communications about your child's account via notification, Messenger bot, email or text message.

c.You may sync (including through the Parentmuse application) your devices with any information that is visible to you on Parentmuse.

9.Amendments

a.We work constantly to improve Parentmuse and develop new features to make Parentmuse better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use or permit your child to use Parentmuse.

b.We hope that you and your child will continue using Parentmuse, but if you do not agree to our updated Terms, you can delete your child's account at any time.

10.Termination

We want Parentmuse to be a place where children feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that you or your child have clearly, seriously or repeatedly violated our Terms or policies, we may take action against your child's account to protect our community and services, including by suspending access to your child's account or disabling it. We may also suspend or disable your child's account if you or your child clearly, seriously or repeatedly infringe the copyrights or other intellectual property rights of others or where we are required to do so for legal or regulatory reasons.

If you delete or if we disable your child's account, these Terms shall terminate as an agreement between you, on your child's behalf, and us, but the following provisions will remain in place: Sections 3, 4 and 10-13.

11.Limits on liability

a.We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is", and we make no guarantees that they always will be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).

b.If anyone brings a claim against us related to your or your child's actions, content or information on Parentmuse, you, on behalf of yourself or your child, will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Parentmuse and are not responsible for the content or information that users transmit or share on Parentmuse. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you or your child may encounter on Parentmuse. We are not responsible for the conduct, whether online or offline, of any user of Parentmuse.

c.We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or Parentmuse, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or Parentmuse will not exceed the greater of INR 1000 or the amount you have paid us in the past twelve months.

12.Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

If you are a consumer residing habitually outside India, the laws of the country in which you reside may apply to a claim, cause of action or dispute that you may have against us, which arises out of or relates to these Terms ("claim"), and you may accordingly resolve your claim in any competent court in that country that has jurisdiction over the claim pursuant to applicable law. In all other cases, you agree that the claim must be resolved in a competent court Bangalore India. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of India will govern these Terms and any claim, without regard to conflict of law provisions.

13.Other

a.These Terms are an agreement between you on behalf of your child and Parentmuse (WeRFolks LLP). References to "us", "we" and "our" mean Parentmuse (WeRFolks LLP).

b.These Terms make up the entire agreement between the parties regarding your and your child's use of Parentmuse and supersede any prior agreements.

c.If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver.

d.Any amendment to or waiver of these Terms (other than Amendments described in Section 9(a)) must be made in writing and signed by us.

e.You (on behalf of your child) will not transfer any rights or obligations under these Terms to anyone else without our consent.

f.These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

g.We always appreciate your feedback and other suggestions for Parentmuse. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

h.Nothing in these Terms shall prevent us from complying with the law or restrict our rights under applicable law.

i.We reserve all rights not expressly granted.

j.You agree that you and your child will comply with all applicable laws when using or accessing Parentmuse.