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Terms of Use

Last Modified: September 5, 2017

Table of Contents

  1. Acceptance of the Terms of Use
  2. Changes to the Terms of Use
  3. Accessing the App and Account Security
  4. Accessing Accounts From the App
  5. Intellectual Property Rights
  6. Trademarks
  7. Prohibited Uses
  8. User Contributions
  9. Monitoring and Enforcement; Termination
  10. Content Standards
  11. Copyright Infringement
  12. Reliance on Information Posted
  13. Changes to the App
  14. Information About You and Your Visits to the App
  15. Other Terms and Conditions
  16. Social Media Features
  17. Links to Apps
  18. Geographic Restrictions
  19. Disclaimer of Warranties
  20. Limitation on Liability
  21. Indemnification
  22. Governing Law and Jurisdiction
  23. Limitation on Time to File Claims
  24. Waiver and Severability
  25. Entire Agreement
  26. Your Comments and Concerns

1. Acceptance of the Terms of Use 

Welcome to Dynepic, Inc. (referred herein as “Dynepic”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Dynepic’s mobile application and related technology, including any content, functionality and services offered on or through such app (the “App”), whether as a guest or a registered user.  Dynepic develops and licenses software and data applications, including software for mobile devices, for its users and allows visitors to sign up to receive periodic updates.

PLEASE NOTE: The App is offered to all ages but especially kids under 13 and their families. Because of highly interactive nature and data collection points of the App, Children under the age of 13 must obtain verifiable parental permission before being able to authenticate into the iOKids app. Parents provide this consent via an in-app purchase through the iOKids app. Please see our iOKids Privacy Policy (“iOKids PP”), found here (https://www.iokids.net/pages/privacy-policy) incorporated herein by reference, for additional information on how to complete this process.  Children should have their parents or legal guardians review these Terms of Use and obtain their permission before using the App.

By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our iOKids PP and that you have the authority to be bound by these Terms of Use, on the device belonging to you and/or the company for which you are an employee or agent. If you do not want to agree to these Terms of Use or the iOKids PP, you are prohibited from accessing or using the App. 

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2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the App.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the App so you are aware of any changes, as they are binding on you. We may also provide notice to you of revised Terms of Use upon entry to the App as prominently displayed or via other communications (e.g., electronic mail).

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3. Accessing the App and Account Security

We reserve the right to withdraw or amend the App, associated authentication service, and any service or material we provide on or through the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App or authentication through the single sign-on are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the App,
  • Ensuring that all persons who access the App through your Internet connection are authorized to and are aware of these Terms of Use and comply with them, and
  • Ensuring the proper setup of your child's device accounts hosting the App.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current and complete. You agree that all information you provide to register with the App or otherwise, including but not limited to through the use of any interactive features on the App, is governed by our iOKids Privacy Policy, and you consent to all actions we take with respect to your information consistent with our iOKids PP.

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4. Accessing Accounts From the App

If you choose, or are provided with, user names, passwords or any other piece of information as part of our security procedures and to access one or more portals or App accounts, you must treat such information as confidential, and you must not disclose them to any other person or entity. You also acknowledge that your accounts are personal to you and agree not to provide any other person with access to the App or portions of it using your user names, passwords or other security information. You agree to notify us immediately of any unauthorized access to or use of your user names or passwords or any other breach of security. You also agree to ensure that you exit from your accounts at the end of each session. You should use particular caution when accessing your accounts from a public or shared device (computer, smart phone, etc.) so that others are not able to view or record your passwords or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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5. Intellectual Property Rights

The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dynepic, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App, except as follows:

  • Your smart phone may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features. 

You must not:

  • Modify copies of any materials from this site;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, except with prior written consent of Dynepic; or
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Except as permitted by prior written agreement by Dynepic, you must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

If you wish to make any use of material on the App other than that set out in this section, please address your request to: info@dynepic.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Dynepic. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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6. Trademarks

The ‘DYNEPIC’ name, and all related names, logos, and service names, designs and slogans are trademarks of Dynepic or its affiliates or licensors. You must not use such marks without the prior written permission of Dynepic. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.

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7. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (section 10) set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate Dynepic, a Dynepic employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Dynepic or users of the App or expose them to liability.

Additionally, you agree not to:

  • Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App;
  • Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  • Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the App;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App;
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the App.

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8. User Contributions

The App may contain accounts, portals, personal web pages or profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App.

All User Contributions must comply with the Content Standards (Section 10) set out in these Terms of Use.

Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dynepic, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the App.

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9. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards (Section 10), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public or could create liability for Dynepic;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App;
  • Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS DYNEPIC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DYNEPIC/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DYNEPIC/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our iOKids Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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11. Copyright Infringement

If you believe that any User Contribution or App content violates or infringes upon yours or a third party’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at info@dynepic.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. 

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12. Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

The App includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dynepic, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dynepic. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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13. Changes to the App

We may update the App from time to time to add new features or fix operational issues. These App updates and the priority of updates are at our sole discretion.

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14. Information About You and Your Visits to the App

All information we collect on the App is subject to our iOKids PP. By using the App, you consent to all actions taken by us with respect to your information in compliance with the iOKids PP.

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15. Other Terms and Conditions

Reserved

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16. Social Media Features

The App may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites and apps to certain content on the App;
  • Send e-mails or other communications with certain content, or links to certain content, on the App; or
  • Cause limited portions of content on the App to be displayed or appear to be displayed on your own or certain third-party websites and apps.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the App other than the homepage; or
  • Otherwise take any action with respect to the materials on the App that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards (Section 10) set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

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17. Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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18. Geographic Restrictions

We provide the App for use by residents located in the United States of America. We make no claims that the App or any of its content is accessible or appropriate outside of the United States of America. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside North America, you do so on your own initiative and are responsible for compliance with local laws.

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19. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYNEPIC NOR ANY PERSON ASSOCIATED WITH DYNEPIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER DYNEPIC NOR ANYONE ASSOCIATED WITH DYNEPIC REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DYNEPIC 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.

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20. Limitation on Liability

IN NO EVENT WILL DYNEPIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS OR WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS OR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APPS OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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21. Indemnification

You agree to defend, indemnify and hold harmless Dynepic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the App.

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22. Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in the City of Charleston and County of Charleston although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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24. Waiver and Severability

No waiver by Dynepic of any term or condition set forth in these Terms of Use 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 Dynepic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

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25. Entire Agreement

The Terms of Use and our iOKids Privacy Policy constitute the sole and entire agreement between you and Dynepic with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

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26. Your Comments and Concerns

The App is operated by Dynepic located at: PO Box 297, Folly Beach, SC 29439.

All notices of copyright infringement claims should be sent to the copyright agent designated in Section 11 above.

All other feedback, comments, requests for technical support and other communications relating to the App should be directed to: support@iokids.net.

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