Terms of Service

Thank you for joining KidBox! This Membership Agreement between you and Kidbox LLC and its subsidiaries governs your use of this website, our service, registration and membership. If you are not satisfied for any reason, you may simply cancel your membership without obligation.

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY

By using the KidBox.com website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each Client or Site visitor, "we", us" and "our" refer to KidBox LLC. (dba "KidBox").

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.

Please also refer to KidBox's Privacy Policy and our Shipping and Return Policy, which are incorporated by reference into this Membership Agreement.

Use of Website

Subject to the terms and conditions of this Agreement, KidBox.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of joining kidbox.com and receiving kidbox.com services and goods, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by KidBox.com in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by KidBox.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by KidBox.com in advance and in writing. KidBox.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if KidBox.com believes that client conduct violates applicable law or is harmful to KidBox's interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of KidBox.com. Product representations expressed on this Site are not made by KidBox.com.

KidBox.com may assign you a password, or ask you to create your own password, and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and KidBox.com has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify KidBox.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Ownership

This Site is owned and operated by KidBox.com LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by KidBox or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by KidBox, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of KidBox's intellectual property rights, whether by estoppel, implication or otherwise. You must contact KidBox if you have any questions about obtaining such licenses. KidBox does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by KidBox. Any rights not expressly granted herein are reserved by KidBox.

TYPES OF USERS: VISITORS, REGISTERED ACCOUNT HOLDERS, AND CUSTOMERS

You may visit kidbox.com and browse the site (Visitors). If at any point you provide Kidbox with your email address or password (for example, via a newsletter signup) you will be considered a Registered Account Holder. There is no commitment to purchase to register. In order to receive product from Kidbox, you must become a Customer by taking our Style Quiz and placing an order by providing your email, valid payment and shipping information for your account. Once you have placed your first order, you become an official customer of KidBox. For your convenience as an official KidBox customer, all information that you provide to register with KidBox or to become a Kidbox customer is subject to KidBox’s Privacy Policy. You must be 18 years old or older to be a customer.

As an Registered Account Holder or Customer, you must keep your account and login information confidential. You will be responsible for any activity performed on kidbox.com that is done under your account. To protect the security of your Account and our customers, Kidbox reserves the right to require a password change, request additional identity verification, or decline an order at any time.

No Purchase Commitment

There is no monthly commitment or fee to be a member. You may cancel your membership at any time by logging into your account and choosing the cancel option.

SHIPMENTS

As a KidBox customer, you will be offered new boxes at certain intervals throughout the year. You will be given an opportunity to skip any box prior to us sending it to you. Once the box is declared delivered by the shipping carrier, you will have seven days to try the items on at home and notify us which items you’d like to keep or return. At the end of seven days, you hereby authorize Kidbox to charge your credit or debit card for the items that you elect to keep. If we do not hear from you, you hereby authorize Kidbox to charge you for the entire box. You are not obligated to keep any items.

We endeavor to make each box sent to a single member unique and different from prior boxes, however, KidBox does not guarantee that any two boxes will not have similar or identical items. Kidbox may elect to skip or refuse a shipment to a user or member at any time, at Kidbox’s discretion. We do not ship internationally, PO boxes, APO/FPO/DPO addresses at this time.

RETURNS

You may return an entire box, or any number of items in the box during your seven day try on period. To return an item, simply go to kidbox.com/myaccount and mark the items you wish to return. Place the items in the included return envelope and place the included return label on the envelope and drop it off at the indicated shipping location. Please note returns must be unworn, unwashed, with tags on, and in re-sellable condition.

SIZE EXCHANGES

We want your Kidbox clothing to fit! If you are purchasing a whole box, you may swap any or all of the items for a smaller or larger size. You may only perform one size swap per garment. You may not return an item once you have elected to exchange a size.

REGISTERED ACCOUNT HOLDERS

As a Registered user of KidBox, you agree to receive emails critical to your account and transaction, or promoting special offer(s) or more information about KidBox. We may from time to time send you our newsletter should you “opt-in.” You may unsubscribe from our newsletter at any time by clicking the “unsubscribe” option at the bottom of the newsletter email.

CUSTOMERS

As a member of KidBox, you agree to receive emails, newsletters and other communications critical to your account and transaction, such as announcing upcoming clothing selections or assignments, and promoting any special offer(s).

As a member, you will be notified via email prior to your next box’s shipment. If you do not wish to make a purchase at this time, you can choose to skip the current box selection. If you change your mind at a later date during the month, you can still make a purchase at that time, depending on availability.

BILLING AND PAYMENTS

For your convenience, when you place your first order and become an official member, our payment processor may save your credit, debit, or other payment information and use it for all future shipments and charges which will automatically be charged to your saved payment method, unless you notify us of a change in the My Account section of Kidbox.com. At this time we accept credit and debit cards from the following networks: American Express, VISA, MasterCard and Discover Card. We do not accept pre-paid, non-bank issued debit, or gift cards. You may see an charge on your payment account that is an authorization hold that will not be charged to your account. Though we release the authorization hold immediately, depending on your bank’s policy, the authorization will be released within a few business days. This charge is often appears as a “Pending” charge. This hold is a way to ensure that payment methods are active and valid, and to better protect against fraud that results from unauthorized card usage. Please note that the authorization may occur at time of initial checkout or at a time prior to shipment, and in an amount that may range from under $1.00 to the full retail value of your purchase.

If for any reason we are unable to charge your credit or debit card on file we may attempt to re-charge the card on file at certain intervals and at varying amounts until payment in full is successfully collected. For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.

If you have a credit on your Kidbox account (for example, via a coupon or gift card/credit) at the time of purchase, we will make best efforts to apply the credit to your total and charge your credit or debit card for the remainder. We make best efforts to honor applicable credits for coupons and or other service/merchandise credits, but may decline or alter them at our discretion. Certain coupons may only be valid if certain action is taken or goals met. Some coupons are only valid with a full box purchase.

SHIPPING, RETURNS AND EXCHANGES

Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the terms in this agreement.

Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated or falsified claims of undelivered merchandise may result in the cancellation of your membership.

All Returns must be requested and marked via the Kidbox MyAccount portal. If a received return differs from what was marked in the MyAccount portal, Kidbox reserves the right to charge, refund, or credit a customer account to reflect the actual return received. Returned items must be in unworn condition with tags still attached (if applicable). Returns requested after the 7 -day try-on period will require approval, and may be refused, and will be permitted only at Kidbox’s discretion. Returns that have not been postmarked 7 days after requesting a return will be considered nullified and will be charged as if the customer kept the product. Returns received in damaged or used condition will not be refunded. Any returns shipped back to us without notification will be refunded at Kidbox’s sole discretion. Returns shipped back to us without notification, and in excess of 30 days after the 7 day trial period will not be refunded; account credits may be issued at Kidbox’s discretion.

Kidbox Refer-a-Friend Terms

Qualified Referral. A Qualified Referral is defined as a Kidbox purchase made at www.kidbox.com by a person (a "Referred Customer") who arrives to our website by clicking a Kidbox Refer-a-Friend program link. Referrals cannot be made by phone, in person, or any other method. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referred Customer. The Referred Customer and the Referrer cannot be the same person, cannot use the same email address, cannot live at the same address, and cannot use the same credit card. The Referred Customer must not already have a Kidbox account with any other email or credit (must be a new customer).

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order for a full box purchase, less all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.

Referral Reward Payments. Referral Rewards for the Referrer are generated as Store Credits. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Referred Customer Reward Usage and Expiration. The Referred Customer will receive a coupon for the reward amount that applies only to a full box purchase and may not be combined with other coupons. The coupon expires 6 months for issuance.

Eligibility. Eligibility is limited to individuals only. Kidbox’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Kidbox’s sole discretion.

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Kidbox’s Refer-a-Friend program.

Right to Close Accounts. Kidbox reserves the right to close the account(s) and forfeit Referral Rewards, Payments, Coupons, and credits of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Kidobx Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms. Kidbox reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

Kidbox #UnpackHappy Monthly Giveaway Terms and Conditions for Facebook and Instagram

1. NO PURCHASE NECESSARY TO ENTER TO WIN. To enter the Kidbox #UnpackHappy Monthly Giveaway through Facebook, go to the most recent monthly giveaway post at https://www.facebook.com/KidboxFamily between the first of each month at 12:00 AM EST until the last day of the month at 11:55 PM EST (the “Entry Period”), leave a comment with the correct hashtags, and share the post.

To enter the giveaway through Instagram, go to https://www.instagram.com between the first of each month at 12:00 AM EST until the last day of the month at 11:55 PM EST (the “Entry Period”), follow Kidbox at https://www.instagram.com/kidbox, like and share the giveaway post and then post a picture with the correct hashtags listed in current month’s giveaway post.

2. By entering this giveaway, you acknowledge that this information is being submitted to Kidbox (“Sponsor”) and not to Facebook or Instagram. You acknowledge that you give Kidbox the right to publish your photo in promotional materials and repost it across social media channels. Kidbox is not responsible for any comments or responses the photo receives on social media.

3. Giveaway open to legal residents of the 50 United States (and Washington DC) age 18 or older, except employees of Sponsor, its affiliates, and their respective advertising, promotion, and fulfillment agencies (collectively, the “related entities”), and the immediate families of each. Any person attempting to defraud or in any way tamper with this giveaway will be ineligible for prizes. Giveaway is subject to all applicable laws and regulations. Giveaway is void where prohibited or restricted by law.

4. One (1) winner will be selected by random drawing approximately on or around the second week of the month after the giveaway. Each winner will be notified via Facebook or Instagram. If the potential winner cannot be contacted, refuses the prize, and/or the prize is returned as undeliverable, such potential winner forfeits all rights to win the promotion or receive the prize, and an alternative winner may be selected.

The selected winner will receive a one-year subscription to Kidbox for one (1) child consisting of five (5) seasonal boxes which the winner must fully redeem within eighteen (18) months of winning. (Approximate suggested retail value: $1,050/Kidbox value: $500.) Winners must create a Kidbox account in order to redeem the prize. The subscription cannot be transferred for value, redeemed for cash, or applied to any other account. The giveaway Sponsor is not responsible if the giveaway prize is lost, stolen, or destroyed.

5. The giveaway Sponsor reserves the right to cancel or amend the monthly giveaway and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the giveaway will be notified to entrants as soon as possible by the giveaway Sponsor. The giveaway Sponsor will provide the winner with instructions on how to collect the prize.

6. Please note that the giveaway Sponsor may be running similar giveaways at the same time as this one. By entering this monthly giveaway, you will not be eligible to receive any prize awarded in any other giveaway unless you enter each giveaway separately.

7. The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: 20 West 33rd Street, 3rd Floor, New York, NY 10001.

8. By entering the giveaway, entrants consent to being placed on a mailing list for promotional and other materials from Kidbox LLC. Entrants may update or change their email preferences by emailing help@kidbox.com.

9. By entering this giveaway, an entrant is indicating his/her agreement to be bound by these terms and conditions.

10. The giveaway Sponsor is Kidbox LLC whose registered office is at 20 West 33rd Street, 3rd Floor, New York, NY 10001.

This giveaway is in no way sponsored, endorsed or administered by Facebook or Instagram.

RIGHT TO CANCEL OR SUSPEND ACCOUNTS

Kidbox reserves the right to cancel or suspend an existing Account or new user registration at its discretion as necessary to protect the operations, security, and integrity of the Site and Services. An account cancellation or suspension may include, but is not limited to, suspending product shipments, blocking account creation, and deleting user data.

RISK OF LOSS

The risk of loss and title for items purchased by you pass to you upon KidBox's delivery of the items to the carrier pursuant to the KidBox Shipping Policy.

LOCAL TAXES

You may be charged local sales tax, if applicable.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

MEMBERSHIP CANCELLATIONS

We will do everything to make your membership as satisfying as possible. However, you are free to cancel your membership any time by by going to https://www.KidBox.com/myaccount.

We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.

DISPUTE RESOLUTION

If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.

DISCLAIMER AND LIMITATION OF LIABILITY

Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, the products offered for sale on it and the transactions conducted through it are provided by KidBox on an "as is" basis. KidBox makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided herein. to the full extent permissible by applicable law, KidBox disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. KidBox does not warrant that the content will be uninterrupted or error free.

To the maximum extent permitted by law, KidBox will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law KidBox's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to KidBox during the month immediately preceding the act allegedly giving rise to KidBox's liability.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, KidBox shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. KidBox shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KidBox shall immediately issue a credit to your credit card account in the amount of the charge.

COPYRIGHT COMPLAINTS

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2016, KidBox.com LLC. ALL RIGHTS RESERVED. KidBox respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

REMEDIES

You agree that KidBox's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that KidBox shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that KidBox may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of KidBox shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by KidBox of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

LINKS TO THIRD PARTY SITES

This Site may contain links to websites controlled by parties other than KidBox (each a "Third Party Site"). KidBox may work with certain partners and affiliates whose sites are linked with KidBox. KidBox is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. KidBox makes no guarantees about the content or quality of the products or services provided by such sites. KidBox is not responsible for webcasting or any other form of transmission received from any Third Party Site. KidBox is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KidBox of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that KidBox is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

ADDITIONAL TERMS

By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership.

Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.

You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the KidBox Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.