TERMS OF SERVICE
Last Updated November 30, 2015.
Kidsolidate, Inc. ("Kidsolidate") provides software and other services that allow
customers to design and purchase customized children's print and digital magazines and booklets
as well as other tangible and intangible goods (the "Products"). The services offered by
Kidsolidate include the Kidsolidate magazine ordering and purchasing services, digital creation
services, and any other features, content, or services offered from time to time by Kidsolidate (collectively, the "Services").
Kidsolidate offers the Services on and through its website located at
www.kidsolidate.com. These terms and conditions ("Terms of Service" or "Agreement")
govern your access to and use of this website and any successor domain names or sites (the
"Site"), the Services provided by Kidsolidate via the Site, and any and all information, text,
graphics, photos, or other materials uploaded, downloaded, or appearing on the Site and/or
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY
ACCESSING AND USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU
ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THESE TERMS
OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS.
IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN
THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS
OR USE THE SERVICES. IF THE TERMS OF THIS AGREEMENT ARE
CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH
TERMS. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH
Wherever used in these Terms of Service, "you", "your", "Customer", or similar
terms means the person or legal entity accessing or using the Site and/or Services. If you are
accessing and using the Site and/or Services on behalf of a company (such as your employer) or
other legal entity, you represent and warrant that you have the authority to bind that company or
other legal entity to these Terms of Service.
Wherever used in these Terms of Service, "we" or "us" means Kidsolidate, any
company it controls or that controls it (for example a parent company or a subsidiary of
Kidsolidate), and their respective members, shareholders, directors, officers, employees, and
Wherever used in these Terms of Service, "we" or "us" means Kidsolidate, any
We reserve the right, at any time, to update and change any or all of these Terms
of Service, in our sole discretion, including but not limited to the fees and charges associated
with the use of the Services. If we do so, we will post the modified Terms of Service on the Site,
though we will notify you of any changes that, in our sole discretion, materially impact these
Terms of Service. Continued use of the Site and/or Services after any such changes have been
made shall constitute your consent to such changes. You are responsible for regularly reviewing
the most current version of the Terms of Service, which are currently available at:
1. TERMS AND CONDITIONS
a. Age Restrictions. To place an order on the Site and/or to use some of the
Services, you must create an account. If you are under 18 years old, you must have your account
created for you by your parent or legal guardian. If you are under 13 years old, you may not use
the Site or Services without your parent or legal guardian.
to identify the information we may collect about you, describe the uses we may make of your
information and the security measures we take to protect it, and describe your options for
controlling your information.
c. Children's Privacy. We are committed to protecting the privacy of children. You
should be aware that the Site is not intended or designed to attract children under the age of 13.
We do not collect personally identifiable information from any person we actually know is a
child under the age of 13.
d. Additional Terms. In order to participate in certain areas of the Site or to receive
certain Services, you may be required to download software or content and/or agree to additional
terms and conditions that govern the use of those areas of the Site and/or those Services,
software, and/or content ("Additional Terms"). Unless otherwise provided by the Additional
Terms, those Additional Terms are hereby incorporated into these Terms of Service. To the
extent that there is a conflict between the terms in these Terms of Service and any Additional
Terms, the specific Additional Term shall have precedence with respect to your use of that aspect
of the Site or Services.
2. FEES AND PAYMENT
a. Payment by Credit Card. Kidsolidate uses Authorize.net as a third-party service
provider for all credit card transactions. If paying by credit card, you agree to be bound by
Authorize.net's U.S. Terms of Service available at http://www.authorize.net/company/terms/ and
consent to provide and authorize Kidsolidate and Authorize.net to share any information and
payment instructions you provide to the extent required to complete the payment transactions in
accordance with these Terms of Service, including personal, financial, credit card payment, and
b. Taxes, Fees, and Charges. You agree to pay all taxes, fees, and other charges
incurred in connection with your use of the Services and orders and purchases of Products
(including, but not limited to, sales, use, or value-added taxes). Kidsolidate may automatically
charge and withhold such taxes, fees, or other charges for orders to be delivered to addresses
within any jurisdictions that it deems is required. When you order Products for overseas delivery,
you may be subject to import duties and taxes, which are levied when the Products arrive at the
destination that you specified. Any charges for customs clearance have to be borne by you, as
Kidsolidate has no control over such charges and cannot foresee the amount charged (if any).
Since customs policies vary from country to country, you should contact the customs office in
the country where you have Kidsolidate ship your Products to get more information. Please also
be aware that you are considered the importer of record and must comply with all laws and regulartions of such country.
c. Returns. Because our products are custom, all sales are final and we offer no refunds. There are no returns or replacements unless there is a material defect with the magazine or the magazine is damaged.
You agree to provide, maintain and update true, accurate, current, and
complete information about yourself as prompted by our account registration process. You shall
not impersonate any person or entity or misrepresent your identity or affiliation with any person
or entity, including using another person's username, password, or other account information, or
another person's name, likeness, image, or photograph. You agree to promptly notify us of any
unauthorized use of your username, password, or any other account information, or any other
breach of security that you become aware of involving or relating to the Site. In addition, you
agree to log out of your account at the end of each session.
When you register for an account, you will be asked to choose a
username and a password. You are entirely responsible for maintaining the confidentiality and
security of your password. You agree to notify us immediately if you suspect any unauthorized
use of your password or unauthorized access to your account. You are solely responsible for any
and all actions taken using your password and/or account.
You agree that we may, in our sole discretion and subject only to
applicable law: (1) terminate your account or your ability to access or use the Site and/or
Services, at any time, without notice, for any reason, including but not limited to conduct
violating any applicable law, these Terms of Service, other policies or guidelines adopted by us
and made available to you, or for any other reason whatsoever; and (2) remove and/or discard
any content or materials, including but not limited to, any and all information, image files, or any
other content submitted to the Site by you or on your behalf. Further, you agree that we shall not
be liable to you or to any third party for any termination of your access to the Site and/or
Services. We urge you to make personal copies of all content you submit to us.
6. GEOGRAPHIC RESTRICTIONS.
Kidsolidate is based in the State of Illinois in the
United States. We make no claim that the Site or any of its content is accessible or appropriate
outside of the United States. Access to the Site may not be legal by certain persons or in certain
countries. If you access the Site from outside the United States, you do so on your own initiative
and are responsible for compliance with local laws.
7. PROHIBITED USES.
You may use and access the Site and Services only for lawful
purposes and in accordance with these Terms of Service. You agree not to use the Site or Services to:
Violate any applicable federal, state, local, or international law or regulation, including,
without limitation, any law regarding the export of data or software to and from the
United States or other countries.
Violate these Terms of Service.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
Submit, transmit, or otherwise make available any material, content, or Creations that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another's privacy, hateful, offensive, or otherwise
objectionable. Only submissions that are clearly the work of a child shall be accepted as
Creations for inclusion in Products. No adult content may be the subject matter of any
piece of art and any threatening, defamatory, abusive, obscene, pornographic,
inappropriate, or profane material or any other material that could give rise to any civil or
criminal liability under applicable law shall be not be accepted.
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or otherwise.
Impersonate or attempt to impersonate Kidsolidate, a Kidsolidate employee, another user
or any other person or entity, including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing.
Impersonate any person or entity or misrepresent your identity or affiliation with any
Manipulate headers or identifiers to disguise the origin of any material or content
submitted or transmitted to us.
Submit, transmit, or otherwise make available any material or content that you do not
have the right to make available under any law or contractual or fiduciary relationship.
Submit, transmit, or otherwise make available any material or content that infringes any
patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Transmit, or procure the sending of, any advertising or promotional material without
Kidsolidate's prior written consent, including any "junk mail," "chain letter," "spam," or
any other similar solicitation.
Interfere with or disrupt the Site, servers or networks connected to the Site, or disobey
any requirements, procedures, policies, or regulations of networks connected to the Site.
Introduce, upload, post, email, or otherwise transmit any viruses, Trojan horses, worms,
logic bombs, other computer code, or material that may interrupt, destroy, limit the
functionality of the Site, interfere with the access of any user of the Site, or is malicious
Circumvent, disable, or otherwise interfere with security-related features of the Site or
features that prevent or restrict use or copying of any content or features that enforce
limitations on the use of the Site and/or Services.
Otherwise attempt to interfere with the proper working of the Site and/or Services.
Harvest or collect information about or from other users without their express consent
and, if such consent is provided, only pursuant to applicable law.
Use the Site and/or Services in any way that competes with Kidsolidate.
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Site and/or Services, or which, as determined solely by us, may harm Kidsolidate or users
of the Site and/or Services or expose users of the Site and/or Services, Kidsolidate, or
Kidsolidate's affiliates to liability.
We shall have the sole discretion to determine whether material or content provided by
you constitutes prohibited material or content, and any material or content submitted to us
may be examined at any time. You acknowledge that although we do not and will not
examine and review all material and content submitted or transmitted to us, we have the
absolute right (but not the obligation) to review, delete, move, and edit such material and
content, or take any other appropriate action with respect to prohibited content and
material, for any reason, at any time, without notice. Notwithstanding the above, when
you access the Site, you acknowledge and agree that all material or content (whether
private or public) that is provided to us and/or uploaded and/or stored on the Site is the
sole responsibility of the person who submitted it. You understand that by viewing the
Site, you may be exposed to material or content that you consider offensive and you take
sole responsibility for such exposure.
8. PROPRIETARY RIGHTS.
a. Definitions. "Creations" includes all paper creations, memorabilia, school
projects, cards, artwork and other materials that you submit to us via the Site, by mail and/or the
Services. "Digital Creations" means digitized electronic copies of the Creations created by or on
b. Image Galleries. Creations that you submit to Kidsolidate are digitized to create
Digital Magazines and Digital Creations. All of your Digital Creations are stored in an online
image gallery that can be accessed from within your Kidsolidate account (your "Image
Gallery"). You have the option to share Digital Creations with others from your Image Gallery.
If you do so, other Kidsolidate users and visitors to the Site or on the site in which you shared
such Digital Creations will be able to view your Image Gallery. If you wish to keep your Image
Gallery private, do not share your Digital Creations. By sharing your Digital Creations or your
Image Gallery, you authorize Kidsolidate to publicly display your Image Gallery (including all
of your Digital Creations) and to offer for sale to others Products customized with the images in
your Image Gallery without further notice, payment, or attribution to you.
c. Title to Creations. By submitting the Creations to Kidsolidate, you agree that
you are transferring title to the Creations to Kidsolidate. You agree that Kidsolidate is under no
obligation to return any of the Creations to you, except via purchase of additional services from Kidsolidate.
d. Copyright in Creations. You represent, warrant, and covenant that: (i) you own
or otherwise have the right to grant the licenses set forth in these Terms of Service for the
Creations, (ii) you have obtained all necessary consents and clearances to enable Kidsolidate to
exercise the rights granted herein and (iii) the Creations does not violate the privacy rights,
publicity rights, intellectual property rights, or any other rights of any person or entity. You have
full responsibility for the Creations, including its legality, accuracy, appropriateness, and
trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS
OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO THE
ARTWORK THAT YOU SUBMIT TO KIDSOLIDATE VIA THE SITE AND/OR SERVICES.
e. License to Kidsolidate.
You hereby grant to Kidsolidate and its affiliates a
nonexclusive, irrevocable, perpetual, worldwide, royalty-free, freely sublicensable (in any
medium, whether known or not currently known and invented) license (the "License") to:
(i) use, re-format, modify, reproduce, and distribute the Creations for the purpose of printing and
distributing Products that you order or that you authorize for purchase by others, (ii) use, re-
format, modify, reproduce, create derivative works from, and distribute the Creations for the
purpose of creating Digital Creations and Image Galleries; and (iii) with respect to any Digital
Creations contained in any Image Gallery that you share, or designate as "shared" or "public", to
link to, use, reproduce, create derivative works from, license, sell, print, sublicense, distribute,
publicly display, publicly perform, and otherwise exploit such Digital Creations, including,
without limitation, making such Digital Creations available to other Kidsolidate users and
including such Digital Creations in Kidsolidate's promotional and marketing materials. You
agree that Kidsolidate may exercise the License granted by you without notice, payment, or
attribution. You agree that the License granted to Kidsolidate includes the right for Kidsolidate
to contract out the production, including, without limitation, physical printing, of the Products to
a third party. You agree that Kidsolidate reserves the right to maintain electronic files of Digital
Creations and any Products, as applicable, to fulfill any further orders that may be placed for
such Products and to maintain an archival copy of the tangible Product. You agree that
Kidsolidate reserves the right to charge you for the ability to access and download Digital
Creations from your Image Gallery.
f. No Back Up of Creations.
Kidsolidate encourages you to maintain your own
backup of any Creations that you submit to Kidsolidate. Kidsolidate is not a backup service, and
Kidsolidate will not be liable for any loss of Creations as a result of your use of the Site and/or
g. Kidsolidate Content.
The Site and Services contain Content and other
proprietary information owned by Kidsolidate or its licensors ("Kidsolidate Content"). You may
use the Kidsolidate Content only in connection with the Site and Services, and except as
expressly authorized by us, you may not link to, use, copy, publicly display, publicly perform,
distribute, or otherwise exploit the Kidsolidate Content in or on any third-party website
(including, without limitation, a website owned or controlled by you) or in products, goods,
and/or services not ordered through Kidsolidate. Kidsolidate and its licensors own and retain all
proprietary and intellectual property rights in and to the Kidsolidate Content, Site, and Sevices.
Except for the rights expressly granted under these Terms of Service, you have no other rights to
the Kidsolidate Content, the Site, or the Services.
Kidsolidate may provide you with certain proprietary software that
Kidsolidate allows you to download from the Site ("Software"). Kidsolidate grants you a
limited, personal, nonexclusive, and non-transferable license to use the Software solely for your
personal use in connection with viewing the Site and using the Services. You agree that you will
not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or
in any way exploit the Software in any manner. The limited license granted in this paragraph
shall terminate automatically, without notice to you, if we determine, in our sole discretion, that
you have breached any provision of these Terms of Service. Upon termination of this limited
license, you agree to immediately delete any downloaded Software. Except as stated herein, you
acknowledge that you have no right, title, or interest in or to the Software.
i. Suggestions and Improvements.
By submitting any ideas, suggestions,
improvements, documents, or proposals ("Feedback"), you assign all right, title, and interest in
the Feedback, including without limitation any intellectual property rights in and to the
Feedback, to Kidsolidate. You further represent and warrant that any Feedback that you submit
does not contain any confidential or proprietary information of any third party and that
Kidsolidate is under no obligation of confidentiality, express or implied, with respect to any
Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback
please do not submit the Feedback to us.
j. Trade Name.
The name Kidsolidate, and all related names, logos, product and
service names, designs, and slogans are property of Kidsolidate or its affiliates or licensors. You
must not use such marks without the prior written permission of Kidsolidate. All other names,
logos, product and service names, designs and slogans on the Site are used for identification
purposes only and are the property of their respective owners.
k. Linking to Us.
You may link to the homepage of the Site, provided you do so in
a way that is fair and legal and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of association, approval, or
endorsement on our part. Subject to the foregoing, you must not:
i. Establish a link from any website that is not owned by you.
ii. Cause the Site 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 website.
iii. Otherwise take any action with respect to the materials on the Site
that is inconsistent with any other provision of these Terms of Service.
iv. We reserve the right to withdraw linking permission for any
reason, without notice to you.
9. LINKS TO THIRD-PARTY WEBSITES.
We may provide links to websites,
software, or services owned or operated by third parties ("Third-Party Websites"). We are
providing these links to you as a convenience, and Kidsolidate does not verify, make any
representations, or take any responsibility for such Third-Party Websites, including, without
limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services,
or information provided on such Third-Party Websites. The Third-Party Websites may have
different privacy policies and terms and conditions and business practices than Kidsolidate. Your
dealings and communications through the Site with any party other than Kidsolidate are solely
between you and such third party. Any complaints, concerns, or questions you have relating to
materials provided by third parties should be forwarded directly to the applicable third party.
YOU AGREE THAT KIDSOLIDATE SHALL NOT, UNDER ANY CIRCUMSTANCES,
BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS,
SERVICES, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD-
PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS,
OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR
USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS
PRACTICES OF ANY THIRD PARTY.
Any reference on the Site to any product or service
of any third party, by trade name, domain name, trademark, trade identity, service mark, logo,
manufacturer, or otherwise does not constitute or imply Kidsolidate's endorsement or recommendation.
10. THIRD-PARTY SOFTWARE.
We may make third-party software available to you
from time to time for your convenience. To access such third-party software, you much first
agree to the third-party software providers terms and conditions governing use of such software.
These terms and conditions are an agreement between you and the third-party software provider,
and we are not a party to any such agreement. Kidsolidate expressly disclaims any liability and
provides no warranties relating to such software.
11. DISCLAIMER OF WARRANTIES.
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or the Site or any
applications will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means external to the
Site for any reconstruction of any lost data.
KIDSOLIDATE AND ITS AFFILIATES SHALL
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 SITE, ANY APPLICATIONS, OR ANY SERVICES OR
PRODUCTS OBTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING
OF ANY MATERIAL POSTED ON THE SITE OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, ANY APPLICATIONS, AND ANY
SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN
RISK. THE SITE, ITS CONTENT, ANY APPLICATIONS, AND ANY SERVICES OR
PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER KIDSOLIDATE NOR ITS AFFILIATES MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING,
KIDSOLIDATE AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SITE,
ITS CONTENT, FEATURES, OR FUNCTIONALITIES, OR THE SERVICES OR
PRODUCTS OFFERED ON THE SITE SHALL MEET YOUR REQUIREMENTS, (ii)
THE SITE, ITS CONTENTS, FEATURES, OR FUNCTIONALITIES, OR THE
SERVICES OR PRODUCTS SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE, ITS CONTENTS, FEATURES, OR FUNCTIONALITIES, OR THE
SERVICES OR PRODUCTS OFFERED ON THE SITE SHALL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SITE SHALL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE,
ITS CONTENT, FEATURES, FUNCTIONALITIES, SERVICES, OR PRODUCTS SHALL BE CORRECTED.
YOUR USE OF THE SITE, ITS CONTENT, FEATURES, AND/OR
FUNCTIONALITIES, AND THE SERVICES AND/OR PRODUCTS OFFERED ON THE
SITE IS AT YOUR SOLE DISCRETION AND RISK. ANY MATERIAL
DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
KIDSOLIDATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING,
COURSE OF PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
IN SUCH STATES WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM KIDSOLIDATE OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. LIMITATION ON LIABILITY.
Kidsolidate shall not be liable, and you are solely
responsible, for any access or usage charges charged by your internet or wireless carrier related
to any computer or device that you use to access or use the Site and/or Services.
IN NO EVENT SHALL KIDSOLIDATE, ITS AFFILIATES, OR THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS,
REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE "KIDSOLIDATE
ENTITIES") BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY,
PROPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SITE
AND/OR SERVICES USING YOUR ACCOUNT OR USERNAME AND/OR
PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT,
FEATURES, OR FUNCTIONALITIES ON THE SITE OR SUCH OTHER WEBSITES,
ANY APPLICATIONS, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH
THE SITE OR SUCH OTHER WEBSITES, OR HYPERTEXT LINKS TO THIRD
PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY
LINKED WEBSITE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT
LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR 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. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN SUCH STATES KIDSOLIDATE'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
KIDSOLIDATE'S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY,
ACTUALLY PAID FOR USE OF THE SITE, SERVICES, AND/OR PRODUCTS
PURCHASED ON THE SITE, AND YOU HEREBY RELEASE THE KIDSOLIDATE
ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN
EXCESS OF THIS LIMITATION. THE FOREGOING DOES NOT AFFECT ANY
LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
13. GOVERNING LAW.
We control the Site and Services from our offices within the State
of Illinois in the United States of America. All matters relating to the Site, Services, and these
Terms of Service 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 Illinois without giving effect to any choice or conflict of law
provision or rule, whether of the State of Illinois or any other jurisdiction, and not by the United
Nations Convention on Contracts for the International Sale of Goods.
14. INFORMAL DISPUTE RESOLUTION.
We prefer to resolve your concerns without
resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve
any dispute arising out of or relating to these Terms of Service, the Site, or the Services (each a
"Dispute") informally by contacting email@example.com. We will attempt to resolve the
Dispute informally by contacting you through email. If the Dispute is not resolved within 30
days after submission, you may bring a formal arbitration proceeding as outlined below.
Any Dispute that cannot be resolved informally shall be settled by
binding arbitration administered in the English language by the American Arbitration
Association in accordance with its Commercial Arbitration Rules in Cook County, Illinois,
except that, to the extent you have in any manner violated or threatened to violate our intellectual
property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief
in any state or federal court of competent jurisdiction (and we may assert both intellectual
property causes of action and other appropriate causes of action in any such action), and you
consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to
an arbitration involving any other party subject to these Terms of Service, whether through class
arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements
arising out of the arbitration, and shall pay an equal share of the arbitrator's fees.
Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its
reasonable expenses and attorneys" fees.
You agree to indemnify, defend and hold harmless Kidsolidate, its
officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and
expenses (including reasonable attorneys" fees) relating to or arising out of your use of or
inability to use the Site and/or Services, your violation of any provision of these Terms of
Service or your violation of any rights of a third party, or your violation of any applicable laws,
rules, or regulations. Kidsolidate reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with Kidsolidate in asserting any available defenses.
17. ELECTRONIC COMMUNICATIONS.
Using the Site and/or Services or sending
emails to Kidsolidate constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically, via email, and on the Site, satisfy any
legal requirement that such communications be in writing.
No waiver by Kidsolidate of any term or condition set forth in these Terms
of Service 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 Kidsolidate to assert a right or provision under
these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 these Terms of Service shall continue in full force and effect.
20. ENTIRE AGREEMENT.
These Terms of Service constitute the sole and entire
agreement between you and Kidsolidate with respect to the Site and Services and supersedes all
prior and contemporaneous understandings, agreements, representations, and warranties, both
written and oral, with respect to the Site and/or Services. Neither the course of conduct between
the parties nor trade practice will act to modify these Terms of Service.
These Terms of Service are not assignable, transferable, or
sublicensable by you except with our prior written consent, but may be assigned or transferred by
Kidsolidate without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
23. QUESTIONS OR CONCERNS.
For questions or concerns about these Terms of
Service, please send an email to firstname.lastname@example.org.