Terms Of Use (Nederlandstalige versie)

Last updated: February 19, 2015

1. Applicability

The use of the website www.bookwidgets.com (hereinafter the “Website”) is subject to the terms of use set forth below. Please read these terms of use carefully before using the Website. This website is owned by Kidimedia BVBA, with registered office Leuvensesteenweg 142, 3070 Kortenberg, Belgium, known under company number 0831.289.505, hereinafter “Kidimedia”. By visiting and using the Website you agree with the applicability of these terms of use, as well as all applicable laws and regulations that apply thereto. You will be deemed to have taken notice of the terms of use and to have accepted them without any reservation. You warrant that you are of legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You agree that you are responsible for all of your use of the Website including for the use of your account by others. We kindly remind you that these terms of use and the content of the Website can always be changed without prior notice. Details on updates can be found at the beginning of this document.

Latest changes:

  • February 19, 2015: adaptations to deal with widgets created on the website.
  • April 22, 2014: adaptations to deal with widget cloud sharing feature, adding restrictions in sharing audio/video in addition to images.

2. Purpose of the Website

All information on the Website is purely informative and general. Kidimedia cannot be held responsible for its content. The use of any information from this Website, including images, videos, articles, links or comments, is entirely at your own risk. The Website contains various Images, Audio files, Videos and PDF Documents (“Files”) uploaded by its members. All of these Files are the property of Kidimedia and/or its members and are protected by international copyright laws. Use of these Files outside of the BookWidgets iPad app or the Website without license is prohibited. If you do not agree with any of these terms, you are prohibited from using or accessing this Website.

3. Use

The Website can be used to:

  • Create and/or share HTML components (“Widgets”)
  • Collect, review and grade student work submitted by the Widgets (“Student Work”)

3.1. Creating and sharing Widgets

Widgets can be created using the Website or uploaded to your account using the BookWidgets tool. The Widgets shared using the Website are referenced by a shortcode generated at the time of upload. Widgets can be accessed through the BookWidgets iPad app or a webbrowser by anyone who has the shortcode, however BookWidgets will not promote access to your Widgets (e.g. through widget lists or search capabilities) either publicly or to it’s members without your consent. Images, Audio files, Videos and PDF documents can be uploaded as part of the Widgets. All content used in Widgets should be appropriate. Examples of content deemed inappropriate are:

  • Content spreading hate or discrimination
  • Content defaming or victimising other people, societies, cultures.
  • Content showing violence or using violent language
  • Content showing nudity or pornographic content
  • Content violating the copyright of third parties, or content that is subject to other third party proprietary rights

Uploading content of the types above will result in termination of your agreement with Kidimedia and immediate blocking of your account by Kidimedia. You shall be solely responsible for your own content and the consequences of submitting and publishing your content. When you upload a Widget to the BookWidgets Cloud Services, you automatically grant BookWidgets a royalty-free, perpetual, non-exclusive, worldwide right to share the Widget through its Website and iPad app.

The widgets created using the website are subject to the Widget Licensing Agreement.

3.2. Collecting, reviewing and grading student work

Student work is stored in your account when readers or students indicate You as the recipient when they submit their work. They do this by entering your account username or email address. No Student Work will be added to your account without your explicit consent. The first time any reader or student tries to send data to your account, you will need to confirm your acceptance of this data. The Website will automatically send you an email to request your consent the first time this happens. Once you accept, any reader or student can send you data. You can manage your preferences and/or revoke your consent via the Website. Student Work submitted to you will only be accessible by You. In case widget users submit Student Work containing inappropriate or illegal data to your account, you shall remove the that content immediately from the Website.

4. Membership

The Website offers different membership plans:

  • A free plan allows collecting, reviewing and grading Student Work.
  • Paid plans allow for creating and sharing Widgets through the Website or the BookWidgets tool.

More information on the different plans is available at www.bookwidgets.com.

5. Uploading Files

Files may be uploaded to the Website both as part of a Widget or as part of Student Work.You acknowledge that under no circumstances can you demand money from Kidimedia for the use of said Files. Furthermore, you acknowledge that Kidimedia does not allow the upload of Files that infringe on any copyright, property right, trademark or any other applicable right. You are solely responsible for the Files you upload, as well as the Files your readers or students upload to your account. Inappropriate or illegal data should be removed immediately. You can remove the inappropriate data by removing the Widget or the Student Work which contains it. You acknowledge that Kidimedia cannot be held responsible for the misuse or abuse of any File. We reserve the right to remove or disable access to any File at any time if we believe it infringes on any right. Copyright infringement issues result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution. Kidimedia and its members do their best to provide accurate information on the services of the Website, however against all our efforts there can be some typographical and technical errors on it. Kidimedia cannot be held liable for any losses or damages resulting from the inaccuracy of any information on the Website.

6. Disclaimer

The materials on Kidimedia’s Website are provided “as is”. Kidimedia makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, accuracy, completeness, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights of any of the information or Files provided on or via the Website and/or any product or service described on the Website. Further, Kidimedia does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Files, information or materials on its Website or otherwise relating to such materials or on any sites linked to this Website.

7. Limitations

Kidimedia does not guarantee that the Website is completely free of interruptions and cannot be affected by technical problems. In no event shall Kidimedia or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Website, hyperlinks, information or Files shared on the Website, even if Kidimedia or a Kidimedia authorized representative has been notified orally or in writing of the possibility of such damage. Kidimedia may make changes to the materials contained on its Website at any time without notice. Kidimedia does not, however, make any commitment to update the materials.

8. Links

Kidimedia has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kidimedia of the site. Use of any such linked Website is at the user’s own risk.

9. Intellectual property rights

Unless otherwise indicated, all copyrights on the Website and any information or Files provided on the Website (via text, images and other materials) are owned by Kidimedia. You have the right to use information from the Website solely in accordance with the provisions of the Belgian law of 30 June 1994 on copyright and neighboring rights and subject to the following conditions: nothing of the Website may be distributed or sold for commercial or political purposes, in the broadest sense; nothing of the Website may be modified in any way; the copyright notice concerning ownership of Kidimedia (“from the Website of Kidimedia BVBA”) must appear on every communication, in the broadest sense (e.g. letter, e-mail, presentation, et al.), along with the date of the communication. For any other use, the prior written consent of Kidimedia is required. Abuse of the content and information of the Website is strictly prohibited, as well as its use contradictory to the public order and decency or any statutory provision.

10. Governing Law

Any claim relating to Kidimedia’s Website shall be governed by the laws of Belgium without regard to its conflict of law provisions. In case of conflict, only the court of Leuven, Belgium will be competent, without prejudice to the application of the rules concerning the special competence in the Belgian Judicial Code for the settlement of disputes regarding intellectual property rights.

11. Privacy policy and protection of personal data

See our privacy policy.

12. Cookies

For a good navigation and optimal use of the Website, we may use cookies. For more information on how we use cookies, see our privacy policy.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kidimedia and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of these terms of use, the use of this Website or any claim by a third party related to the use of a Widget or a File you shared on this Website.

14. Contacting Us

If there are any questions regarding these terms of use, you may contact us at info@bookwidgets.com. In the event a provision of these terms of use should be invalid, this will not lead to the invalidity of the remaining provisions. Kidimedia will replace the invalid provision with a provision that comes as close as possible to the original intended meaning of the provision.