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**TERMS AND CONDITIONS**

 

Last updated: June 24th, 2021.

 

**1. Introduction**

 

Welcome to PowerWizz d.o.o. (“Company”, “we”, “our”, “us”)!

 

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our

website located at kidolines.com (together or individually “Service”) operated

by PowerWizz d.o.o..

 

Our Privacy Policy also governs your use of our Service and explains how we

collect, safeguard and disclose information that results from your use of our

web pages.

 

Your agreement with us includes these Terms and our Privacy Policy

(“Agreements”). You acknowledge that you have read and understood Agreements,

and agree to be bound of them.

 

If you do not agree with (or cannot comply with) Agreements, then you may not

use the Service, but please let us know by emailing at info@kidolines.com so we

can try to find a solution. These Terms apply to all visitors, users and others

who wish to access or use Service.

 

**2. Communications**

 

By using our Service, you agree to subscribe to newsletters, marketing or

promotional materials and other information we may send. However, you may opt

out of receiving any, or all, of these communications from us by following the

unsubscribe link or by emailing at info@kidolines.com.

 

**3. Purchases**

 

If you wish to purchase any product or service made available through Service

(“Purchase”), you may be asked to supply certain information relevant to your

Purchase including but not limited to, your credit or debit card number, the

expiration date of your card, your billing address, and your shipping

information.

 

You represent and warrant that: (i) you have the legal right to use any card(s)

or other payment method(s) in connection with any Purchase; and that (ii) the

information you supply to us is true, correct and complete.

 

We may employ the use of third party services for the purpose of facilitating

payment and the completion of Purchases. By submitting your information, you

grant us the right to provide the information to these third parties subject to

our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons

including but not limited to: product or service availability, errors in the

description or price of the product or service, error in your order or other

reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized

or illegal transaction is suspected.

 

**4. Contests, Sweepstakes and Promotions**

 

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made

available through Service may be governed by rules that are separate from these

Terms of Service. If you participate in any Promotions, please review the

applicable rules as well as our Privacy Policy. If the rules for a Promotion

conflict with these Terms of Service, Promotion rules will apply.

 

**5. Refunds**

 

We issue refunds for Contracts within 60 days of the original purchase of the

Contract.

 

**6. Content**

 

Our Service allows you to post, link, store, share and otherwise make available

certain information, text, graphics, videos, or other material (“Content”). You

are responsible for Content that you post on or through Service, including its

legality, reliability, and appropriateness.

 

By posting Content on or through Service, You represent and warrant that: (i)

Content is yours (you own it) and/or you have the right to use it and the right

to grant us the rights and license as provided in these Terms, and (ii) that the

posting of your Content on or through Service does not violate the privacy

rights, publicity rights, copyrights, contract rights or any other rights of any

person or entity. We reserve the right to terminate the account of anyone found

to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display

on or through Service and you are responsible for protecting those rights. We

take no responsibility and assume no liability for Content you or any third

party posts on or through Service. However, by posting Content using Service you

grant us the right and license to use, modify, publicly perform, publicly

display, reproduce, and distribute such Content on and through Service. You

agree that this license includes the right for us to make your Content available

to other users of Service, who may also use your Content subject to these Terms.

 

PowerWizz d.o.o. has the right but not the obligation to monitor and edit all

Content provided by users.

 

In addition, Content found on or through this Service are the property of

PowerWizz d.o.o. or used with permission. You may not distribute, modify,

transmit, reuse, download, repost, copy, or use said Content, whether in whole

or in part, for commercial purposes or for personal gain, without express

advance written permission from us.

 

**7. Prohibited Uses**

 

You may use Service only for lawful purposes and in accordance with Terms. You

agree not to use Service:

 

0.1. In any way that violates any applicable national or international law or

regulation.

 

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm

minors in any way by exposing them to inappropriate content or otherwise.

 

0.3. To transmit, or procure the sending of, any advertising or promotional

material, including any “junk mail”, “chain letter,” “spam,” or any other

similar solicitation.

 

0.4. To impersonate or attempt to impersonate Company, a Company employee,

another user, or any other person or entity.

 

0.5. In any way that infringes upon the rights of others, or in any way is

illegal, threatening, fraudulent, or harmful, or in connection with any

unlawful, illegal, fraudulent, or harmful purpose or activity.

 

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or

enjoyment of Service, or which, as determined by us, may harm or offend Company

or users of Service or expose them to liability.

 

**8. Additionally, you agree not to:**

 

0.1. Use Service in any manner that could disable, overburden, damage, or impair

Service or interfere with any other party’s use of Service, including their

ability to engage in real time activities through Service.

 

0.2. Use any robot, spider, or other automatic device, process, or means to

access Service for any purpose, including monitoring or copying any of the

material on Service.

 

0.3. Use any manual process to monitor or copy any of the material on Service or

for any other unauthorized purpose without our prior written consent.

 

0.4. Use any device, software, or routine that interferes with the proper

working of Service.

 

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material

which is malicious or technologically harmful.

 

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt

any parts of Service, the server on which Service is stored, or any server,

computer, or database connected to Service.

 

0.7. Attack Service via a denial-of-service attack or a distributed

denial-of-service attack.

 

0.8. Take any action that may damage or falsify Company rating.

 

0.9. Otherwise attempt to interfere with the proper working of Service.

 

8\. Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our

Service.

 

**9. No Use By Minors Without Adult Supervision**

 

Service is intended only for access and use by individuals at least eighteen

(18) years old. By accessing or using Service, you warrant and represent that

you are at least eighteen (18) years of age and with the full authority, right,

and capacity to enter into this agreement and abide by all of the terms and

conditions of Terms. If you are not at least eighteen (18) years old, you are

prohibited from both the access and usage of Service without supervision of a

person that meets the before mention criteria.

 

**10. Intellectual Property**

 

Service and its original content (excluding Content provided by users), features

and functionality are and will remain the exclusive property of PowerWizz d.o.o.

and its licensors. Service is protected by copyright, trademark, and other laws

of and foreign countries. Our trademarks may not be used in connection with any

product or service without the prior written consent of PowerWizz d.o.o..

 

**11. Copyright Policy**

 

We respect the intellectual property rights of others. It is our policy to

respond to any claim that Content posted on Service infringes on the copyright

or other intellectual property rights (“Infringement”) of any person or entity.

 

If you are a copyright owner, or authorized on behalf of one, and you believe

that the copyrighted work has been copied in a way that constitutes copyright

infringement, please submit your claim via email to info@kidolines.com, with the

subject line: “Copyright Infringement” and include in your claim a detailed

description of the alleged Infringement as detailed below, under “DMCA Notice

and Procedure for Copyright Infringement Claims”

 

You may be held accountable for damages (including costs and attorneys’ fees)

for misrepresentation or bad-faith claims on the infringement of any Content

found on and/or through Service on your copyright.

 

**12. DMCA Notice and Procedure for Copyright Infringement Claims**

 

You may submit a notification pursuant to the Digital Millennium Copyright Act

(DMCA) by providing our Copyright Agent with the following information in

writing (see 17 U.S.C 512(c)(3) for further detail):

 

0.1. an electronic or physical signature of the person authorized to act on

behalf of the owner of the copyright’s interest;

 

0.2. a description of the copyrighted work that you claim has been infringed,

including the URL (i.e., web page address) of the location where the copyrighted

work exists or a copy of the copyrighted work;

 

0.3. identification of the URL or other specific location on Service where the

material that you claim is infringing is located;

 

0.4. your address, telephone number, and email address;

 

0.5. a statement by you that you have a good faith belief that the disputed use

is not authorized by the copyright owner, its agent, or the law;

 

0.6. a statement by you, made under penalty of perjury, that the above

information in your notice is accurate and that you are the copyright owner or

authorized to act on the copyright owner’s behalf.

 

You can contact our Copyright Agent via email at info@kidolines.com.

 

**13. Error Reporting and Feedback**

 

You may provide us either directly at info@kidolines.com or via third party

sites and tools with information and feedback concerning errors, suggestions for

improvements, ideas, problems, complaints, and other matters related to our

Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain,

acquire or assert any intellectual property right or other right, title or

interest in or to the Feedback; (ii) Company may have development ideas similar

to the Feedback; (iii) Feedback does not contain confidential information or

proprietary information from you or any third party; and (iv) Company is not

under any obligation of confidentiality with respect to the Feedback. In the

event the transfer of the ownership to the Feedback is not possible due to

applicable mandatory laws, you grant Company and its affiliates an exclusive,

transferable, irrevocable, free-of-charge, sub-licensable, unlimited and

perpetual right to use (including copy, modify, create derivative works,

publish, distribute and commercialize) Feedback in any manner and for any

purpose.

 

**14. Links To Other Web Sites**

 

Our Service may contain links to third party web sites or services that are not

owned or controlled by PowerWizz d.o.o..

 

PowerWizz d.o.o. has no control over, and assumes no responsibility for the

content, privacy policies, or practices of any third party web sites or

services. We do not warrant the offerings of any of these entities/individuals

or their websites.

 

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE,

DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY

OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES

AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY

THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

**15. Disclaimer Of Warranty**

 

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,

AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS

INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR

CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

 

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR

REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,

ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING,

NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT

THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS

WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE

FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES

OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR

EXPECTATIONS.

 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED

UNDER APPLICABLE LAW.

 

**16. Limitation Of Liability**

 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS,

EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,

OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL

RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON

APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER

IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT

OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM

FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY

VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR

REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE

PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR

SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE

DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY

NOT APPLY TO YOU.

 

**17. Termination**

 

We may terminate or suspend your account and bar access to Service immediately,

without prior notice or liability, under our sole discretion, for any reason

whatsoever and without limitation, including but not limited to a breach of

Terms.

 

If you wish to terminate your account, you may simply discontinue using Service.

 

All provisions of Terms which by their nature should survive termination shall

survive termination, including, without limitation, ownership provisions,

warranty disclaimers, indemnity and limitations of liability.

 

**18. Governing Law**

 

These Terms shall be governed and construed in accordance with the laws of

Serbia, which governing law applies to agreement without regard to its conflict

of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be

considered a waiver of those rights. If any provision of these Terms is held to

be invalid or unenforceable by a court, the remaining provisions of these Terms

will remain in effect. These Terms constitute the entire agreement between us

regarding our Service and supersede and replace any prior agreements we might

have had between us regarding Service.

 

**19. Changes To Service**

 

We reserve the right to withdraw or amend our Service, and any service or

material we provide via Service, in our sole discretion without notice. We will

not be liable if for any reason all or any part of Service is unavailable at any

time or for any period. From time to time, we may restrict access to some parts

of Service, or the entire Service, to users, including registered users.

 

**20. Amendments To Terms**

 

We may amend Terms at any time by posting the amended terms on this site. It is

your responsibility to review these Terms periodically.

 

Your continued use of the Platform following the posting of revised Terms means

that you accept and agree to the changes. You are expected to check this page

frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Service after any revisions become effective,

you agree to be bound by the revised terms. If you do not agree to the new

terms, you are no longer authorized to use Service.

 

**21. Waiver And Severability**

 

No waiver by Company of any term or condition set forth in Terms shall be deemed

a further or continuing waiver of such term or condition or a waiver of any

other term or condition, and any failure of Company to assert a right or

provision under Terms shall not constitute a waiver of such right or provision.

 

If any provision of Terms is held by a court or other tribunal of competent

jurisdiction to be invalid, illegal or unenforceable for any reason, such

provision shall be eliminated or limited to the minimum extent such that the

remaining provisions of Terms will continue in full force and effect.

 

**22. Acknowledgement**

 

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE

READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

**23. Contact Us**

 

Please send your feedback, comments, requests for technical support by email:

info@kidolines.com.

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