TERMS OF SERVICE
This Terms of Service governs all use of kidscitystores.com and its affiliated websites (together “kidscitystores.com” or the “Site”). As used in this Terms of Service, “you” and “your” refers to the user of kidscitystores.com. “We”, “us”, “our” and the “Company” refers to kidscitystores.com.
We may, in our sole discretion, modify, add, delete or otherwise change the provisions of these Terms of Service from time to time. When we make changes to these Terms of Service, your use of any part of the Site will constitute your agreement to such changes.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Ownership of Intellectual Property and Restrictions on Use of Materials
Unless otherwise noted, all content on kidscitystores.com, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of the Company and/or affiliated companies, third party licensors and/or other respective owners including but not limited to other users (collectively the “Site Content”), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For purposes of these Terms of Service, the use of any Site Content on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Site Content for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Site Content in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any other use of the Site Content is expressly prohibited. Any attempts to access the Site Content in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Site Content.
Unless otherwise noted, kidscitystores.comTM and all of the graphics, logos, designs, page headers, button icons, scripts and service names shown on kidscitystores.com are the registered trademarks, trademarks or trade dress of kidscitystores.com and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
User Posted Content
You are solely responsible for the messages, notes, text, information, links, and other content that you upload, publish or display (hereinafter, "post") on or through kidscitystores.com, or transmit to or share with other users (collectively the "User Content"). Your name and biographical information, as appearing in User Content, shall be User Content for the purposes of these Terms of Service, including all licenses granted herein. User Content that you post is not confidential. You may not post, transmit, or share User Content on kidscitystores.com that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review kidscitystores.com and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of kidscitystores.com violates these Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on kidscitystores.com.
When you post User Content to kidscitystores.com, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on kidscitystores.com. By posting User Content to any part of kidscitystores.com, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, sponsorship, or otherwise, to prepare derivative works of, or incorporate into other works, such User Content. You acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Kidscitystores.com is intended for adults. Kidscitystores.com is not intended for children under the age of 18, and children under that age are not permitted to use or access the Site. If you are under the age of 18, do not use or submit information to the Site.
Kidscitystores.com is provided by the Company and is intended to be used in a safe and enjoyable fashion. Users of kidscitystores.com must not:
Use kidscitystores.com in such a way as to offend or interfere with the use by anyone else of kidscitystores.com;
Submit materials to kidscitystores.com that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; (f) are treated as confidential under any contract or policy; or (g) are otherwise harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Attempt to circumvent the security systems of kidscitystores.com;
Attempt to gain access to kidscitystores.com in a fraudulent manner;
Attempt to gain access to any other user’s accounts;
Attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of kidscitystores.com or any other website, or by e-mail communication;
Attempt to use kidscitystores.com for any purposes other than those intended by the Company, as determined by the Company in its sole discretion;
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
Make commercial or non-personal use of kidscitystores.com, including but not limited to the rental, sale or promotion of products;
Harvest or collect email addresses or other contact information of other users of kidscitystores.com by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Upload, post, transmit, share, store or otherwise make publicly available on kidscitystores.com any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Exploit or harm minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Solicit personal information from anyone under 18;
If such user is under 18, represent himself or herself as 18 or older;
If such user is 18 or older, represent himself or herself as under 18; or
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the kidscitystores.com website, or which may expose kidscitystores.com or its users to any harm or liability of any type.
The Company expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from kidscitystores.com and/or freeze the account(s) of any user who contravenes any of the provisions of these Terms of Service, including but not limited to the provisions of this section entitled “Using kidscitystores.com”.
You are entirely responsible for maintaining the confidentiality of your username and password. Take note that no one at kidscitystores.com or at the Company will ever ask you to disclose your personally identifying information for any reason, other than through the login process.
You are entirely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kidscitystores.com will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on kidscitystores.com any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any material on the Site infringes any copyright which you own or control, you may send us a written notification of such infringement.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at kidscitystores.com’s sole discretion, the account of users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to kidscitystores.com and/or terminate the account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
Kidscitystores.com contains (or you may learn through the Site) of links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from kidscitystores.com, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave kidscitystores.com and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with kidscitystores.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Site is for use by persons located in the United States. 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.
THIS SITE AND ALL MATERIALS CONTAINED ON IT, AND ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. WE DO NOT WARRANT OR REPRESENT THAT KIDSCITYSTORES.COM WILL BE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK. WE ARE NOT LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY OR USEFULNESS OF INFORMATION PRESENTED ON OR THROUGH THE SITE (BY US OR THIRD PARTIES), OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY INFORMATION RESTS WITH YOU. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE KIDSCITYSTORES.COM AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THESE TERMS OF SERVICE.
WE DO NOT MANUFACTURE OR CONTROL ANY OF THE PRODUCTS OR SERVICES OFFERED ON THIS SITE. THE AVAILABILITY OF PRODUCTS OR SERVICES ON OUR SITE DOES NOT INDICATE AN AFFILIATION WITH OR AN ENDORSEMENT OF ANY PRODUCT, SERVICE OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED ON THE SITE. HOWEVER, THE PRODUCTS AND SERVICES OFFERED ON THE SITE ARE COVERED BY THE MANUFACTURER’S WARRANTY INCLUDED WITH THE PRODUCT.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO KIDSCITYSTORES.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD KIDSCITYSTORES.COM, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “KIDSCITYSTORES.COM PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE KIDSCITYSTORES.COM PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NONE OF THE KIDSCITYSTORES.COM PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM, ARISE OUT OF OR RELATE TO (I) YOUR USE OF OR INABILITY TO USE KIDSCITYSTORES.COM OR ANY WEBSITES LINKED TO IT, ANY CONTENT OF THE SITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS OR SERVICES OFFERED ON THE SITE, AND/OR (VI) ANY OF THE MATERIALS OR FUNCTIONS AT KIDSCITYSTORES.COM OR THE PRODUCTS OR SERVICES OFFERED BY KIDSCITYSTORES.COM, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE FORESEEABLE OR THE LEGAL OR EQUITABLE THEORY ON WHICH SUCH CLAIM IS BASED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE, OR $100.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, and the laws of the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the Federal or state courts located in New York County, New York, and you hereby irrevocably consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.