WELCOME TO THE KIDIZMO WEBSITE LOCATED AT WWW.KIDIZMO.COM ("SITE") OPERATED BY KIDIZMO.COM,  ("KIDIZMO"). KIDIZMO PROVIDES THE SITE AND RELATED SERVICES TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. KIDIZMO CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND KIDIZMO MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT service@KIDIZMO.com.

If your Content is uploaded, Kidizmo WILL NOT use your content again unless you request that we place your content for sale, sign up as a reseller or affiliate AND you grant the additional rights set forth in the Non Exclusive License Agreement that is incorporated herein by this reference.

 

If you desire to participate in the community aspects of the Site or to receive royalties or referral fees as a seller or associate, as applicable, you will be required to register for an account with KIDIZMO. When you register for a KIDIZMO account, you will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify KIDIZMO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KIDIZMO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

In using this Site, except as expressly permitted herein, you agree to not:
a) upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself, your child has created or that you own a copyright on. Original work must be from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. Unless an element is listed as "customizable", you cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
d) upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
e) upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
f) upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g) upload, download, post, email or otherwise transmit false or misleading information;
h) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
i) access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
j) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
k) frame or link to the Site except as permitted in writing by KIDIZMO; or
l) incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness.

You also agree to comply with the Acceptable Usage Policy incorporated by reference herein. If there is a conflict between the terms of this Agreement and the Acceptable Use Policy, the Acceptable Use Policy will control.

 

You acknowledge that KIDIZMO does not pre-screen submitted Content, but that KIDIZMO and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that KIDIZMO may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, KIDIZMO and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to KIDIZMO. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, KIDIZMO. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither KIDIZMO nor any other party involved with the production of any product incorporating such Content assumes that responsibility. KIDIZMO's production of any product depicting your Content does not indicate that KIDIZMO approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

 

You acknowledge and agree that KIDIZMO may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of KIDIZMO, its users and the public.

 

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

 

You agree that you are responsible for actions and communications undertaken under your account. KIDIZMO takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against KIDIZMO and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify KIDIZMO and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

 

You agree that you will use this Site and any products, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

 

You may earn referral fees for referring users to KIDIZMO by participating in the KIDIZMO Affiliate Program. Your participation in the Affiliates Program is also governed by the terms and conditions of the KIDIZMO Affiliates Agreement that is incorporated by this reference herein.

 

Your privacy is very important to KIDIZMO. Users of this Site should refer to our Privacy Policy for information about how KIDIZMO collects and uses personal information. By accepting this Agreement you expressly consent to KIDIZMO's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

 

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by KIDIZMO, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

 

Individual content and uploads and Not for profit affiliate content and uploads:  YOU RETAIN ALL OWNERSHIP RIGHTS TO YOUR CONTENT SUBMITTED TO THE SITE UNLESS OTHERWISE AGREED BY YOU AND KIDIZMO.

 

By submitting Content to KIDIZMO for use on a for profit affiliate site or as part of a contest, you grant KIDIZMO a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

 

KIDIZMO agrees not to compete with our affiliates by selling products with your content for less than you sell the product on your own affiliate site hosted on KIDIZMO.

 

You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to KIDIZMO (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to KIDIZMO upon their submission or communication to KIDIZMO, and you do assign all rights therein to KIDIZMO and agree that the same will automatically become the property of KIDIZMO and that KIDIZMO may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose KIDIZMO may elect, forever.

KIDIZMO respects the intellectual property rights of others. We ask our users to do the same. KIDIZMO may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify KIDIZMO's Copyright Agent, and provide the following information ("Notice"):
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

KIDIZMO's Copyright Agent can be reached at: service@KIDIZMO.com.

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

You agree to defend, indemnify and hold KIDIZMO and KIDIZMO's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without KIDIZMO 's express written consent.

You agree that KIDIZMO, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. KIDIZMO may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that KIDIZMO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that KIDIZMO shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. If this Agreement terminates or if you terminate any licenses you have granted in conjunction with this Site (for example, in the non-exclusive license agreement), those provisions which by their nature are intended to survive will survive termination.

The Site may provide, or third parties may provide, links to other websites or resources. Because KIDIZMO has no control of such sites and resources, you acknowledge and agree that KIDIZMO is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. KIDIZMO is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to KIDIZMO's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from KIDIZMO, in a public setting, including on the Internet, in a way which disparages KIDIZMO, KIDIZMO's board members, employees, shareholders or partners, or the United States Postal Service, KIDIZMO reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law

Prices for products on KIDIZMO are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at KIDIZMO's discretion. Title and risk of loss for all products ordered by you shall pass to you on KIDIZMO's shipment to the shipping carrier.

You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.

The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIDIZMO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

KIDIZMO DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT KIDIZMO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT KIDIZMO DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, KIDIZMO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

YOU ACKNOWLEDGE THAT KIDIZMO MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIDIZMO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL KIDIZMO OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING KIDIZMO OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KIDIZMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

These terms and conditions shall be governed by and construed in accordance with the laws of the state of New Hampshire, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Hillsborough County, New Hampshire in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. KIDIZMO may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. KIDIZMO's failure to act with respect to a breach by you or others does not waive KIDIZMO's right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement and the Associate Agreement constitutes the entire agreement between you and KIDIZMO, and supercedes all other communications, written or oral, with regard to the Site and services provided by KIDIZMO.

The Fine Print:
1. We reserve the right to decline to use your uploaded image or text at our sole discretion.
2. Prior to uploading an image or text, you must read carefully and make certain you understand our User Agreement.
3. You may not upload an image or text that violates the User Agreement.

You must own all rights (including copyright) in the image and text you upload or have the written permission of ALL persons who own (a) the rights to upload the image or text and (b) the rights to authorize the uses permitted in the User Agreement. If someone other than you is the owner of the image or appears in it or has created the text, you must obtain such permission from those persons. If you upload any image or text that violates our User Agreement, your account may be terminated.

By ordering, publishing, saving your product or by clicking "Make it now," you certify that (a) you have read and agree to the User Agreement; (b) the content does not violate the User Agreement; (c) you own or have obtained all Rights necessary to upload this image and/or text and authorize the uses permitted in the User Agreement; and (d) you are granting KIDIZMO the license to make all such uses of the image and/or text.