Your understanding and acceptance of this Agreement is a condition required for your and your children’s use of the Cubby Shop site (the “Site”). For the purposes of this Agreement, “child” and “children” refer to any and all of your children or legal wards who are minors.
Cubby Shop provides an online marketplace for children (the “Service”). Privacy and security are top priorities in the design and operation of the Cubby Shop Site. This Agreement will inform you of our treatment of yours and your children’s information, and assign liability regarding the use and disclosure of such information.
Additional definitions applicable to this Agreement are at the end of this Agreement.
You authorize Cubby Shop to solicit, collect, and disclose, in the manners outlined herein, certain types of information from you and your children.
You authorize Cubby Shop to collect, store, and, when duly authorized, disclose to other Users any information that your child may provide to Cubby Shop. This information may include information about your child’s identity, location, opinions, or other information that you normally consider private.
Cubby Shop will make reasonable efforts to seek your authorization (see “Parental Monitoring” below) for the posting or transmission of information provided by your child, and it will allow you to monitor and curtail your child’s use of the Site and Services and to control the Site’s messaging feature (see “Messaging” below). Cubby Shop has a security policy covering Users’ Profiles and Accounts (see “Use and Disclosure of Information” below).
You are ultimately responsible for the Content that your child posts to the Site or sends to other Users. Cubby Shop provides a parental monitoring mechanism with reasonable security protocols, but we are not responsible for unauthorized use of your password or user information by your child or anyone else. We rely on the authorizations provided through your Account to comply with all applicable law. We are relying on your representation that you, the adult parent or legal guardian of the child, has control over the Account. It is your responsibility to maintain the security of your password and user information.
The settings which govern preferences for your child’s access and use of the Site (also referred to as “Boundaries”) are located on the Parent Dashboard.
Cubby Shop has set the initial default Boundaries to infer your consent and permit certain account activities and Transactions to take place if the parent fails to object within 24 hours after notice. Please be aware that your inaction when notified of Listings and Trades will constitute your approval, provided that your approval shall not be deemed given without your express consent where Cubby Shop collects, uses, or discloses your child’s private information.
You agree to provide Cubby Shop with sufficient information about you to allow Cubby Shop to maintain the security of the Site; and you agree to participate in the setting and maintenance of the Boundaries, which have been constructed to protect your and your child’s privacy, and to maintain the integrity of the Site. The pre-set Boundaries include, but are not limited to:
You may choose to add various additional checkpoints by modifying the default Boundaries established on the Boundaries Page within the Parent Dashboard. Checkpoints may include various other required approvals.
In addition, Cubby Shop may periodically send the following notices to the email address you provide to us. You can choose not to receive these emails by adjusting the settings on the Parent Dashboard.
You or your child may be prompted to provide some or all of the following types of information in order to register, set up Accounts and Profiles, access accounts or features, send Messages to other Users, submit Listings, join Circles, make and settle Transactions, directly contact us with questions or feedback, or access other features of the Service:
Your Parent Dashboard enables you to look at the entirety of your child’s Site activities.
We generally use the information that we collect about you or your child to:
We may aggregate your or your child's information with information about other Users so that it no longer identifies and cannot reasonably be used to identify an individual person.
Use And Disclosure In Detail
Subject to any changes in the default settings that you may set in the Boundaries settings on your Parent Dashboard, you hereby agree to the following disclosures of your child’s information.
To all Users:
To your child’s Circle, in addition to the information above:
To your child’s Counterparties.
Your child’s participation in the Site shall not be conditioned upon the provision of information in excess of the information necessary for your child’s participation.
Consent For Use or Disclosure Not Required
Instances in which the disclosure or use of your child’s information does not require your consent include:
You hereby authorize Cubby Shop to collect, store, and analyze your child’s use of the Site and Services for the purpose of sending your child Messages about other Transactions available in your child’s Circle.
You hereby authorize Cubby Shop to collect, store, and transmit your child’s Messages, per your child’s instructions, to Users in your child’s Circle.
If your child attempts to send or receive a Message with respect to a User outside your child’s Circle, you shall receive a notice of the attempt and an opportunity to allow or deny the Message.
A Message sent to a User outside the sender’s Circle will allow the recipient of the Message and the recipient’s Parent to view the sender’s Profile.
You shall have the ability to review all of your child’s Account activity at any time through the Parent Dashboard.
We will not actively use information provided by your child in third-party advertising, nor will we track such information for that purpose.
You hereby agree that Cubby Shop will not be held responsible for any incidental advertising that occurs on account of your child’s use of the Site, and you waive all claims against Cubby Shop regarding such incidental advertising.
We will not retain your child’s information on our servers for longer than it is necessary to fulfill the purpose for which it was provided. However, in general, due to the possibility of claims arising from Transactions and the use of the Site, we deem it necessary to retain all information provided by your child indefinitely unless we are given express and authorized instructions to delete such information.
Notwithstanding any of the foregoing or anything else in any other agreement between you and Cubby Shop, we reserve the right to take such measures, and to make such revisions to this or any other agreement, as are required to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), 15 U.S.C. §§ 6501-6506. Any revision to this or any other agreement between you and Cubby Shop made for the purpose of compliance with COPPA shall be effective when posted to the Site, without prior notice to you or authorization by you.
“Account” is an account on the Site created and monitored by you for the benefit of your child.
“Circle” means those Users with whom your child has established a virtual connection through the Site, and thereby authorized to view your child’s Profile and other information.
“Content” means information, text, music, sound, photographs, pictures, graphics, video, messages, files, or other materials.
“Counterparty” means a User with whom another User corresponds on an individual basis regarding a Transaction, or any other matter.
“Message” means Content delivered to a User through the Site, from Cubby Shop or from another User, or Content sent by a User to Cubby Shop or another User.
“Listing” means any offer to consider or enter into a Transaction.
“Parent” means parent or legal guardian.
“Profile” means a page customized by a User and approved by that User’s parent or legal guardian, which page may include the User’s User Name, teacher, grade and school. Please see Child Dashboard.
“Purchase” means a monetary transaction under which one User purchases an item from another User through the Site and in accordance with all applicable Cubby Shop terms and agreements.
“Service” means the maintenance of an online marketplace.
“Site” means “Cubbyshop.com” and/or its affiliated websites, mobile apps, web apps and other means established by Cubby Shop for accessing the Service.
“Trade” means a transaction between two (or more) Users where items are exchanged through the Site and in accordance with all applicable Cubby Shop terms and agreements.
“Transaction” means a Purchase or Trade.
“User” means an individual who has access to the Site.
“User Name” means an alias created for use on the Site.
“User’s Store” consists of the User’s list of items offered for Trade.