KIDZART PRODUCTS TERMS OF USE These Terms of Use define your rights and obligations as a user of the KidzArt Products website (www.kidzartproducts.com). We are KidzArt Texas, LLC, a Nevada limited liability company. We own and operate the KidzArt Products website. We offer products and services through
this website exclusively to customers and clients of ours and of our
franchisees (collectively, "KidzArt Businesses"). KidzArt
franchisees are independent businesses that provide art instruction
and products to children and adults ("KidzArt students"). By accessing the KidzArt Products website, you agree to be legally bound by these Terms of Use as modified by us from time to time. Purpose of the KidzArt Products
website The KidzArt Products website enables KidzArt student and family members to view the student's artwork that is displayed on the website. It also enables us, KidzArt franchisees and their customers (e.g., schools, preschools, daycare centers, church groups, children's camps and youth organizations) to view the artwork of their students. We offer for sale on our website various items imprinted with the student's artwork. Users select a piece of the student's artwork and then designate the item they would like to purchase with the selected artwork imprinted on it. Users purchase these items online using a credit card. What artwork is displayed on the
website? KidzArt franchisees and teachers select one or more pieces of each student's artwork for posting to that student's private gallery on the KidzArt Products website. KidzArt students and their family members who have access may upload additional artwork for display in the student's online gallery. Parents can create art galleries on our website for their other children at home. Parents must register with us or a KidzArt franchisee. Parents follow the same procedures as franchisees and teachers. They input the first and last name of the child in a private area on our website and the website will assign a screen name. Any parent or teacher may decide not to post the artwork of any student. If a parent does not want the artwork of his or her child to be displayed online, or if the parent wants to remove his or her child's online gallery, the parent may do so at any time by contacting us at support@kidzartproducts.com.
How do we keep track of student
artwork? KidzArt franchisees and teachers submit to our website each student's first and last name in a private, secured teacher roster. Our website creates a screen name and ID number for each child and attaches it to each piece of art that is uploaded to the website. We organize the artwork by class with each child's screen name underneath it. Who has access to the artwork? We display the artwork of each student
in a private gallery on the KidzArt Products website. Only the
student, family members and others with their permission have access
to view the private gallery and the artwork and to purchase items on
which the artwork is imprinted. KidzArt franchisees keep all the
screen names and ID numbers of their students so that they can give
any parent the screen name of his or her child. The student or a family
member may create a login password associated with his or her email
address and then associate that login information with the student's
login ID. This enables each KidzArt student and his or her family
members to view the student's uploaded artwork. Logging in allows
a user to view only the artwork of the one KidzArt student who is associated
with the login ID. Students and family members may give the login
information to others. How long do we keep the artwork? While we generally keep the digital
images of the artwork of each student online until the student graduates
from elementary school, we have the right to remove the artwork from
our website at any time in our discretion. We have no obligation
to notify students, parents or anyone else of such removal. Once
removed, we may destroy the digital images of the artwork in our discretion. Unacceptable use No one other than parents, teachers
and KidzArt franchisees may upload artwork to the website. Only
the artwork of students and their siblings may be uploaded to the website.
All uploaded artwork must be associated with the actual student who
created the artwork. Images of anything other than such artwork
may not be uploaded to the website. No offensive material may
be uploaded. No material may be uploaded that infringes the rights
of any person or entity. No photos of students or family members
may be uploaded. Returns, refunds and replacements In order to obtain a refund or replacement, please email your request to us at support@kidzartproducts.com. If the product is broken or damaged when you receive it, or if we imprinted the wrong piece of artwork on the product, you must submit your return or replacement request to us within 10 days after you receive the product. Otherwise, you must notify us of your desire to return the product within 30 days of shipment for a full refund. You must notify us and not a KidzArt
franchisee. Include the following information with your notice:
your name, phone number and mailing address, the screen name of the
child, and the reason for the return. We will issue to you a return
order confirmation number. You must return the item to us at your
cost. You must not return the product to a KidzArt franchisee. Your indemnity You agree to defend, indemnify and
hold KidzArt Texas LLC and its affiliates and their respective officers,
directors, employees, shareholders and assigns harmless from any claim,
demand, liability, loss, damage, cost and expense (including reasonable
attorneys' fees) arising from or relating to: (i) your use of and access
to the KidzArt Products website; (ii) your breach of any these Terms
of Use; (iii) any infringement or alleged infringement of any copyrights,
trade secrets, trademarks, right of privacy, right of publicity or other
intellectual or other property rights of any person or entity; or (iv)
your violation of any law. We reserve the right, at your expense,
to assume the exclusive defense and control of any dispute subject to
indemnification by you, and in such case, you agree to cooperate with
us in our defense of such claim. You will not settle any such
matter without our prior written consent. Disclaimers We will not be liable for the consequences
of the acts or uploads of any user. No warranties To the maximum extent permitted by
applicable law, we disclaim all warranties with regard to the items
you purchase, either express, implied or otherwise, including, but not
limited to, implied warranties of merchantability, noninfringement or
fitness for a particular purpose. We do not warrant that access
to or use of the KidzArt Products website will be uninterrupted or error-free
or completely secure. Limitation of liability To the maximum extent permitted by
applicable law, in no event will we be liable for any special, incidental,
indirect, consequential or punitive damages whatsoever arising out of
your use of or access to the KidzArt Products website or your purchase
of any item through the website, even if we have been advised of or
should have known of the possibility of such damages. Modifications We reserve the right to modify these
Terms of Use at any time by posting revised terms on this website. Your
continued use of the KidzArt Products website will be governed by the
Terms of Use in force at the time of your use. Governing law You agree that the KidzArt Products
website will be deemed a passive website that does not give rise to
personal jurisdiction over us in jurisdictions other than Michigan. How to contact us We welcome your questions or comments
regarding this Privacy Policy. Contact us at support@kidzartproducts.com. |
KidzArt© uses only high quality, non-toxic art materials.
© 2009 KidzArt® All Rights Reserved