It's time for the Internet to work for good parenting, not against it.SM
© 2017 MyDigitalFamily, Ltd. All rights reserved. The ZillyDilly program is patent pending. Dr. S, MYDIGITALFAMILY, ZillyDilly, and associated logos are owned by MyDigitalFamily, Ltd.
Dr. S® and all of us at MyDigitalFamily, Ltd.
("MyDigitalFamily") are delighted to introduce ZillyDilly (patent pending), The world's first iPad browser created by a leading child psychiatrist.SM
Technology can be a wonderful parenting asset if done right, and we hope to keep setting the bar higher and higher. We do our best to respond to input by parents and colleagues. We are also interested in the inputs of many others: grandparents, teachers, librarians, developmentalists, special needs advocates, therapists, and others who prioritize the health and psychological well-being of families and children.
Our work is an ongoing collaboration with parents and others working with children, and we take the trust and confidence invested in us very seriously. All of us at MyDigitalFamily strive to educate and empower parents and offer them -- and others working with children -- safe and effective, time-saving, and convenient tools to manage media consumption by their children.
Parents - and librarians, educators, and others caring for individual children or groups -- can now easily reinvent a safer and healthier Internet for each child according to gender, age, and other customizing features.
ZillyDilly empowers and educates parents and teaches children good media consumption habits with every click. Good habits, formed early with the tutelage of caring parents and professionals, can last a lifetime. ZillyDilly provides an opportunity for ongoing conversation between children and caretakers about making good media consumption choices.
Right now, this first version of ZillyDilly works with the Safari browser on the iPad. In the future, we hope to eventually extend parent management in the same way to all media, including smartphones, TV, videogames, apps, and all other digitally-mediated activities for children, as described fully in Chapters 13 and 14 of Dr. S' Kids, Parents, and Technology: A Manual for Young Families
THE MEDIA PLAN:
ZillyDilly is powerful, yet at the same time convenient and easy to use: Purchasers select for each child only age-appropriate, healthy and safe online choices, already handpicked, inspected, and ranked by Dr. S and his staff. Guided by our suggestions, purchasers then assemble a Media Plan, an online menu to enable the child's healthy growth and development and brain maturation and promote family life. Each Media Plan is balanced among five important Growth Opportunities:
- Family Relationships
- Values Education
- Education Enrichment
HOW WE WORK
Healthy families and safe, thriving kids are our reasons for being. Our founder and ZillyDilly inventor has spent a distinguished lifetime as an expert caring for children and families. Professional integrity and skill, impartiality, and good judgment are our by-words. Innovation and excellence are our goals, technology our means.
- We harvest and inspect hundreds of Internet sites, but pass on to our purchasers only the safest, healthiest, and most age-appropriate.
- Purchasers then assemble a balanced media plan, customizing the Internet for their individual child to promote growth, have fun, and learn good media habits to last a lifetime.
- After simple setup adjustments on the iPad, the child visits only these preselected sites for durations that are pre-set to be health-promoting.
- We can provide age-sensitive alerts or even shut down access when a healthy balance is threatened by excessive consumption.
- We track and report back to the purchaser where the child goes and how long he stayed there.
Of the thousands available, Internet sites can come to our attention by word of mouth, our own research, and through others' online recommendations and reviews. We provide the date of our last review in the pop-up, and hope to visit each site we rate in a random fashion anywhere between twice and five times a year.
We eliminate clearly inappropriate sites for the intended age group right up front (violence, sex, a plethora of ads and distractions, drugs, racism, etc.)
We have devoted much effort refining our proprietary child- and family-centered rating system as the heart of the most sensible and comprehensive Media Manager for children.
We rate for safety and efficacy by age group. We score each site according to over 30 weighted criteria in each of several categories that include safety, Growth Opportunities, esthetics, parent/teacher resources, and other information.
For example, scores for sites with distracting ads and other ways to navigate or wander off-task are adjusted for intended age, with heavier penalties assessed sites intended for younger children. On the other hand, awards, favorable reviews, excellence in delivering distraction-free Growth Opportunities, favorable purchaser comments, and bilingual content enhance a site's total score.
We rank all sites by total score. As a purchasers selects the sites for her child's Media Plan, we always list the highest scorers first, although all sites we offer have already been inspected for safety and efficacy.
WE MAY NOT INSPECT
certain sites completely because of technical or other limitations. For instance, we cannot enter portions of sites that require us to pay a fee nor can we see fully content requiring electronic processing the iPad cannot perform, such as displaying Adobe Flash. Nevertheless, we may review some sites that we can confidently evaluate despite such limitations and note so in the popups.
ZillyDilly is ready and easy to use as is.
Those who want to explore more thoroughly Dr. S' approach and receive many parenting tips and other helpful information may refer to Kids, Parents, and Technology: A Manual for Young Families
, on which ZillyDilly is based.
The total time and where it was spent online that day and week are monitored and reported to purchasers so that they can easily re-adjust the Media Plan.
WE NEED EACH OTHERS' HELP:
We hope to refine our database as we grow with the cumulative experience of our purchasers. We hope that our purchasers will provide us with an ongoing stream of fresh ideas to recommend to others. We may raise a site's score if it receives enough favorable purchaser comments or increased traffic. We give priority to inspecting new sites recommended by purchasers.
This Purchase Agreement (the "Agreement") is a legal agreement between you and MyDigitalFamily, Ltd. ("Company"). This Agreement contains the complete terms by which you may enter into a purchase on behalf of your child to access the ZillyDilly software services (collectively the "Services"). "Company" and/ or the "Services" may be individually or collectively referenced as "we" or "us."
Should you have any questions, complaints, or other concerns about this Agreement, or you want to contact us for any other reason, then you should direct all communications to our email address at email@example.com
MyDigitalFamily, Ltd. and ZillyDilly ("We") are committed to protecting the privacy and security of our parents and child users of ZillyDilly
When you set up an account, you will be asked to provide certain information to identify you as a purchaser, including your name, email address, user name, password, secret question and answer, date of birth, and a verification code. You should not disclose your unique account information to any third party. It is your and your child's responsibility to keep your account information confidential. You are solely responsible for all activity which occurs on your account.
We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website. If you suspect an unauthorized use of your account or access to your account, then please change your security information immediately and contact us. You agree to immediately to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Several purchase options are available through the Apple store.
- CONFIDENTIAL INFORMATION
You acknowledge and agree that we will be sharing with you non-public proprietary information, including but not limited to data we have compiled regarding recommendations for age-appropriate websites, research on best practices for exposing children to the Internet, and other trade secrets and know-how, all of which constitute our Confidential Information. You expressly agree that you will treat as confidential and not disclose to any other individual or business any Confidential Information that you obtain through our Services.
- OPERATION OF SERVICES
We use commercially reasonable efforts to maintain the Services and to keep them operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
We cannot guarantee that your access to our Services will be uninterrupted, or that the Services will be available at all times. We can assume no liability or responsibility for any delay, interruption, downtime, or loss of content or information. We reserve the right to terminate the operation of our Services at any time in our sole discretion.
- Description of the Incident. The specific sequence of events which generated the incident, and a full description;
- Description of Error Message. The exact wording of any error messages, if applicable; and
- Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
- PROHIBITED USES OF SERVICES
Our Services should only be used for lawful purposes. We specifically prohibit you from making any other use of the Services, including but not limited to the following:
- Impersonation; Misrepresentation: Posting or submitting any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity, including any inaccurate claim that you are the guardian of a child who is using the Services;
- Providing Unauthorized Access to the Services: Disclosing or sharing your password with any third party or allowing such third party access to a our Services or to the content made available through the Services;
- Posting Infringing Content or Photos without Prior Authorization: Posting infringing content or unauthorized photos to your account;
- Tampering with the Services: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden Company's infrastructure, servers, data, or network or those of any third party via our network;
- Uploading Viruses: Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Services, or of any computer software, hardware, or telecommunications equipment;
- Infringing Intellectual Property on your Account: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of ZillyDilly, your account, or the Services; or
- Mining Data from the Services: Using any means of automatically searching or mining data from the Services, or in any way attempting to interfere with the proper functioning of ZillyDilly or the Services.
- INTELLECTUAL PROPERTY
We and our licensors, if any, shall retain all right, title, and interest in the marks, logos, code, databases, content, arrangement of data, text, designs, photos, videos, recorded webinars, and other materials made available through ZillyDilly and its associated Services, as well as any inventions we have conceived or reduced to practice which apply to ZillyDilly and its Services (the "Intellectual Property"). Our patent is currently pending on the ZillyDilly application.
Upon purchase, we grant to you and your child a non-exclusive, worldwide license to use, display, and view the data, text designs, photos, webinars, and other materials ("Content") for your own personal, family use only. You may not reproduce, share, display, copy, republish, download, upload, post, transmit, publicly perform, distribute, create derivative works of, misappropriate, or otherwise use for any other purpose any portion of the Content without the express written consent of us or our licensors as appropriate. Using the Intellectual Property for any commercial purpose is expressly prohibited.
- LINKS TO THIRD PARTY WEBSITES
- WARRANTY; GENERAL DISCLAIMER
If you are entering into this Agreement, you warrant and represent that you are an individual who is at least eighteen (18) years of age and capable of forming legally binding contracts. If you are under eighteen (18) years of age, your parent or guardian should enter into this Agreement on your behalf.
You warrant and represent that (a) you will comply with the terms, conditions, obligations, representations, and warranties set forth in this Agreement; (b) that you will abide by all the terms and conditions set forth herein; and (c) that you will be financially responsible for all payments due and payable under this Agreement and will perform in accordance with your representations and warranties hereunder.
Your and your child's use of our Services and your reliance on any recommendations, guidelines, or other information contained herein shall be at your sole risk. We cannot guarantee that you or your child will achieve any particular outcome as a result of using our Services, nor can we predict how your child will react to any particular recommended websites. The results achieved in your particular case will be influenced by a variety of factors, which will be specific to your child and your family environment. Our role is merely to provide tools, which you may use as a parent to monitor your child's use of media generally. You solely assume all risk of loss, damage, or behavior that results from any recommendations, guidelines, website recommendations or other information that we provide. We expressly disclaim any responsibility for any loss or damage that you or any child suffers as a result of any reaction to a particular website or in reliance upon any recommendations, guidelines, or other information contained herein.
Our Services are currently made available exclusively to iPad users. The iPad is an electronic device that could injure a child if such device is not used properly or is mishandled in any way. Your child's use of the iPad is at your sole risk. We expressly disclaim any responsibility for any loss or damage arising from your child's use of an iPad.
The Third Party Sites we have selected to be featured on our Services are not necessarily better, safer, more effective, or more appropriate that any other websites which were omitted; however, we have pre-screened such Third Party Sites and have selected them to be featured on our Services because we believe that they meet our guidelines and recommendations. We do not endorse any Third Party Sites featured through our Services.
We make no warranty that your access to the Services will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or nor that any information will be accurate or complete. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service. We can make no warranties regarding the information, contents, or error or bug-free status of any Third Party Websites we list on our Services.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- MEDICAL ADVICE DISCLAIMER
The guidelines, recommendations, and other materials provided through our Services have been prepared for informational and educational purposes only and should not be construed as medical or psychiatric advice or a professional medical or psychiatric opinion on any specific facts or circumstances related to any specific child or family. The guidelines provided through our Services were rendered based on specific facts and data and were subject to certain assumptions, which may not or should not be used or relied on for any other purpose. Our guidelines and recommendations may not be appropriate for every family or for every child. It is recommended that parents use reasonable discretion in adopting any guidelines and recommendations for use by their particular family and child.
Guidelines and recommendations made through our Services are not guaranteed to be accurate, up-to-date, correct, or complete, and you should not rely on them to make any medical, psychiatric, or health-related decisions.
We do not seek to establish any professional relationship with any child or family as a result of our Services. Transmission of the information is not intended to create and receipt does not create a doctor-patient, psychiatrist-patient, or other professional relationship between us and any parent, child, or family using our Services. Our Services are not intended to replace or provide a substitute for the Services of a licensed, trained physician, psychiatrist, or other health professional, nor are they intended to be used for self-diagnosis or for treatment and care.
You additionally agree that THE SERVICES, GUIDELINES, RECOMMENDATIONS, AND THE INFORMATION CONTAINED THEREIN ARE MADE AVAILABLE BY US FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE MEDICAL OR PSYCHIATRIC ADVICE ON CHILD DEVELOPMENT OR ANY OTHER MATTER. BY USING OUR SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT OR PSYCHIATRIST-PATIENT RELATIONSHIP BETWEEN US AND YOUR CHILD. YOU FURTHER CONFIRM YOUR UNDERSTANDING THAT THESE SERVICES SHALL NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR COMPETENT MEDICAL OR PSYCHIATRIC ADVICE FROM A LICENSED PHYSICIAN OR PSYCHIATRIST IN YOUR AREA.
YOU SHOULD CONTACT YOUR PHYSICIAN OR LICENSED MENTAL HEALTH PROFESSIONAL (A) IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CHILD'S OR FAMILY'S HEALTH; (B) BEFORE STARTING OR STOPPING ANY TREATMENT; AND (C) BEFORE ACTING UPON ANY INFORMATION PROVIDED THROUGH OUR SERVICES.
- LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES
You agree that neither we nor Apple and its subsidiaries will be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement, including but not limited to damages for loss of profits, loss goodwill, loss of business opportunities, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you for all claims in the aggregate shall in no event exceed the greater of the aggregate amount of all fees actually collected by us from you in the twelve (12) month period immediately preceding the occurrence of any event from which arises the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
- RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release and waive all claims against our Apple and its subsidiaries, Company, the Services, and each party's respective officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to the Services or this Agreement. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You expressly agree to indemnify, defend, and hold harmless our Apple and its subsidiaries, Company, the Services, and each party's respective directors, officers, employees, independent contractors, representatives, and agents against any third party
claim arising from this Agreement and/or your relationship with us, including but not limited to damages, costs, expenses, suits, judgments, litigation costs, and attorneys' fees arising from any infringement claim, any claim that your use of a photo violates the rights of a third party, and any claim of bodily injury as a result of the Services.
- ENTIRE UNDERSTANDING
You agree that this Agreement contains our entire understanding with respect to the subject matter contained herein, and that the Agreement shall supersede all prior agreements and understandings, whether written or oral. You agree that there will be no restrictions, promises, covenants, or understandings other than those expressly set forth herein, and that no rights or duties on the part of either party are to be implied or inferred beyond those expressly provided for.
- GOVERNING LAW; DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Cook County, Illinois by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims that you bring against us or the Services must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
You agree that if any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. You agree that we will negotiate and amend in good faith any such provision in a manner consistent with our intentions, if any invalid or unenforceable provision affects your or either party's consideration under this Agreement.
You agree that the terms of this Agreement shall automatically be assigned in the event of a merger or acquisition of all or substantially all of our business assets and be binding upon the successor business entity. In the event that you are an individual, this Agreement shall be automatically be binding upon your heirs, executors, and legal representatives.
We may modify our standard Agreement terms at any time, but you will only be bound by our amended terms if you enter into a new purchase with us and expressly accept the new terms.
Any notices required or permitted to be given to us hereunder shall be sent to the address set forth below, or to such other address that we specify in writing. Such notice shall be deemed to be given upon personal delivery or three (3) days after the date of mailing when sent by certified or registered mail, postage prepaid. The notice shall be sent as follows:
P. O. Box 965
Wilmette, IL 60091-2571
No waiver by us of any breach of this Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission on the part of either of us to exercise any right, power, or privilege hereunder be deemed a waiver of any such right, power, or privilege.
Should you have any questions, complaints, or other concerns about this Agreement, or you want to contact us for any other reason, then you should direct all communications to our email address at firstname.lastname@example.org.
personal information, including, without limitation, the reasonable efforts we make
to protect your personal information in accord with these guidelines, and about what
choices you have concerning our use of such information. Please read this policy
carefully. We may need to change this policy from time to time in order to address new
issues and reflect changes to ZillyDilly. We will post those changes here so that you
will always know our policies regarding what information we gather, how we might use
that information and whether we will disclose that information to anyone. Please refer
back to this policy regularly.
Personal Information We Collect and Use
Only parents are eligible to sign up a child to use ZillyDilly.
If you are a parent and you seek to register and sign up your child as a ZillyDilly user, we may ask you to provide certain personal information (such as your name,street address, telephone number, credit card number, e-mail address and/or any
We will also ask you to provide a user name for your child, a password, and your child's gender and age, which information we will use to customize a personal media plan for your child and for our internal operations to provide the requested media plan services. We do not make the information we collect visible to third party websites that your child visits through ZillyDilly, and we use the personal information you provide to us about your child only as required to provide the services you request.
We have the following exceptions to these policies: We will release specific
information about you, your account, or your child to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We may also
transfer user information, including personally identifiable information, in connection
with a corporate merger, consolidation, the sale of related assets or corporate division
The personal information you enter about yourself when making a purchase or online donation will be shared with payment processors, financial gateways and your credit card company to
authorize credit card payments only.
You and your child are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration, whether or not
authorized by you. You agree to immediately notify us of any unauthorized use of your
registration or password.
Nonpersonal Identification Information
We collect nonpersonal identification information through the use of, without limitation,
the following types of methodology:
Cookie technology: A "cookie" is an element of data that a website can send to your
browser, which may then store it on your system.
IP address tracking: An IP address is a number that is assigned to your computer
when you are on the Internet. When you request pages from ZillyDilly, our servers log
your IP address.
Web beacons: A Web beacon, or "clear gif," is a small graphic image on a webpage or
Web-based document that a website can use to determine information about a user.
Nonpersonal identification information might include the browser you use, the type of
computer you use and technical information about your means of connection to ZillyDilly-such as the operating systems and the Internet service providers utilized and
other similar information. Our systems may also automatically gather information about the websites your child visits and how long the child stays on each website, which information we collect in order to provide you with the data in conjunction with our services. We also use the information to gather aggregate analytical data of how long child users in various age groups stay on various websites, which information we use internally to further develop our products and services. We will never use any nonpersonal identification information that we collect to contact a child user for any reason.
Links to Other Websitese links
Child users will find suggested third party website links in ZillyDilly, which have been pre-screened and determined appropriate for their viewing.These websites will have their own privacy policies and customer service
policies or no policy (policies) at all. We encourage you to review the privacy policies
of any such providers before either you or your child provides personal
information to them.
Protecting your privacy and your information is a top priority. We have taken
reasonable measures to secure both your information and our physical premises. We
exercise reasonable care in providing safe transmission of your information from your
PC to our servers (unless sent by a means outside of our control, such as e-mail).
However, we cannot guarantee that our measures will completely bar unauthorized
access to your information, and by using ZillyDilly you assume this risk.
Access to/Correction of Information
If you would like to review any personal information we have retained about
you or your child in our database, please send us an e-mail request for this information at
email@example.com. To help us address your request, please specify which
information you wish to review. Once you have reviewed this information, at your
request, we will correct personal information about you that you state is erroneous.
To request such a correction, please send an e-mail to firstname.lastname@example.org
You should be aware, however, that it is not always possible to completely remove
or modify information in our databases and servers, although we will always make
reasonable efforts to do so upon your request. Please also understand that due to
the volume of traffic on ZillyDilly and the amount of correspondence received, we cannot make any representations about the timeliness of the making of such modifications. In addition,
we are unable to modify your information in the records of any third party who has
been provided with your information in accordance with this policy.
If you "opt in" to receive information from us or others, you can change your mind
later. If, at any time, you would like to stop receiving such information or opt out of
a feature, you may login at any time to change your options. You
should be aware, however, that it is not always possible to completely remove or
modify information in our databases and servers, although we will always make
reasonable efforts to do so upon your request, and we are unable to have your
information removed from the records of any third party who has been provided with
your information in accordance with this policy.
Consent to Transfer
ZillyDilly is run and operated in the United States. If you are located in the European Union
or elsewhere outside of the United States, please be aware that any information
you provide to us will be transferred to the United States. By using our ZillyDilly
and our related services and/or providing us with your information, you
consent to this transfer.
Your Acceptance of These Terms
promise to comply with the representations you make and contained in the Terms and
do not agree to these policies, please do not use ZillyDilly. Your continued use of the
ZillyDilly following the posting of changes to these terms will mean that you accept those