Thank you for joining KidBox! This Membership Agreement between you and Kidbox.Com Inc. 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
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 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.
Intellectual Property Ownership & Use
Please be aware that as you visit and navigate this website your use of our website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
This Site is owned and operated by KidBox.com Inc. 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. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.
You may not use any of the Kidbox trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Kidbox name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Kidbox’s products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
TYPES OF USERS: VISITORS, REGISTERED ACCOUNT HOLDERS, AND CUSTOMERS
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.
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.
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 return label (your return label may be included in your KIDBOX, or you may request a copy within your KIDBOX account at kidbox.com/myaccount) 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.
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.
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 PayPal, Apple Pay, credit and debit cards from the following networks: American Express, VISA, MasterCard and Discover Card. We accept US based pre-paid cards on a pay in advance basis. You may see a charge on your payment statement that is an authorization hold.
Though we usually release the authorization immediately, we may, at our own discretion, keep the hold through the entire Try Out Period (the time it takes you to try out Kidbox and return unwanted products-limited to (7) Seven days from receiving the Kidbox.
Depending on your bank or credit car’s policy, the authorization may be released within a few business days. This charge often appears as a “Pending” charge on your Statement. This authorization and 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 any 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 Kidbox 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: Kidbox.Com 20 West 33rd Street, 3rd Floor, New York, NY 10001 (Attention: Customer Service)
8. By entering the giveaway, entrants consent to being placed on a mailing list for promotional and other materials from Kidbox. Entrants may update or change their email preferences by emailing email@example.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.Com Inc. 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.
You may be charged local sales tax, if applicable.
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.
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.
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.
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.
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.
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.
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.
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING ANY USER CONTENT TO THE SITE. THIS IS A CONTRACT.
In consideration for Kidbox granting you permission to post User Content to the Site, you agree that by accessing the Site on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you confirm that you have read, understand and agree to be bound by these Terms without limitation or qualification, and any other applicable law, whether or not you are a registered Kidbox user.
If the Terms change, we will post updated terms on the Site. The date above indicates when these Terms were last updated. In the case of any material, substantive change, we will give notice of the change by posting the amended terms on the Site at least fifteen (15) days before the effective date of the change If you do not agree to the updated Terms, you should stop using the Site. Your continued access of the Site will indicate acceptance of the Terms, as modified from time to time.
PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING ANY USER CONTENT TO THE SITE. THIS IS A CONTRACT.
When you transmit, upload, post, e-mail or otherwise make available User Content on or to the Site (a "Submission"), you are entirely responsible for such User Content. Such User Content constitutes a Submission by you and this means that you (and not Kidbox) are entirely responsible for all User Content that you post to any Site.
Your Representation of Ownership and other Obligations
You are responsible to make sure that your Submission is original and not created or owned by another person or entity. You hereby represent and warrant that (i) you own all rights in and to your User Content; (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor; (iv) you are legally entitled to post the User Content, and the use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law; and (v) the User Content is not libelous, illegal, defamatory, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, intimidating, vulgar, violent, sexually explicit, invasive of privacy, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive in a sexual, racial, cultural or ethnic context. You hereby release, discharge and agree to hold Kidbox, and any person acting on Kidbox’s behalf, harmless from any liability related in any way to the consumption or use of your User Content. Please be aware that any individual Submission or posting does not necessarily reflect the view of Kidbox.
No Commercialized User Content. Do not post or solicit personal information of yours or any third party. The Site is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever. Do not accept payment from a third party in exchange for your performing commercial activity on the Site. Do not post any User Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
Your Grant to Kidbox. You hereby grant to Kidbox, without any compensation, a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User Content, in perpetuity in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Your Submission will not be returned by Kidbox. Kidbox has the right to disclose your identity or other information about you to any third party who claims that your Submission violates their rights, including their intellectual property rights or their right to privacy.
Your Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Kidbox from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to: (a) your violation or breach of these Terms; or (b) your violation of any third-party rights, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the Site. In the event the User Content causes any technical disruption, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys' fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions.
Your Release. Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release Kidbox from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms. YOU HEREBY WAIVE AND HOLD HARMLESS KIDBOX AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Kidbox is not responsible or liable for any Submissions posted on our Sites or for any offensive, unlawful or objectionable User Content you may encounter on or through our Sites. The User Content and the materials and products on a Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Kidbox disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Kidbox does not guarantee and does not promise any specific results from use of User Content on Kidbox’s Sites. Kidbox does not represent or warrant that our Sites will be uninterrupted or error free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, Kidbox does not make any warranties or representations regarding the use of the materials or content on our Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain User Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access our Site, loss of data or other harm of any kind that may result. Kidbox reserves the right to modify or remove any and all User Content and other items used or contained on our Site at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
KIDBOX SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, USER CONTENT OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED CONTENT, EVEN IF KIDBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITES. YOUR ONLY REMEDY AGAINST KIDBOX FOR USE OF OUR SITE OR ANY CONTENT IS TO STOP USING THE SITES. ACCORDINGLY, IF KIDBOX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF KIDBOX SITES OR ANY CONTENT, KIDBOX'S LIABILITY SHALL NOT EXCEED US $100.00. 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.
Kidbox reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of our Sites for any or no reason, without notice, and without liability to you or anyone else. Kidbox also reserves the right to block certain IP addresses or Device numbers and prevent access to our Sites. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Site or on other platforms even after your User Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated.
Incorporation of Kidbox Legal Terms and Conditions
These Terms and the use of our Sites is also governed by Kidbox Legal Terms and Conditions for its Sites which can be reviewed and accessed by clicking on the following link, www.kidbox.com/terms-of-service. Kidbox’s Terms and Conditions are incorporated herein by reference as though fully set forth in these Terms.
These Terms and Kidbox’s Terms and Conditions constitute the entire agreement between you and Kidbox with respect to the User Content. The failure of Kidbox to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In the event of any conflict between these Terms and Kidbox’s Terms and Conditions, these Terms shall prevail.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND KIDBOX ARE RESOLVED (SEE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST KIDBOX TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW.
Arbitration Agreement – Legal Disputes
Initial Dispute Resolution. Kidbox staff is available by email to address any concerns you may have regarding your use of the Site and or submission of User Content. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How to contact us?” below for more information on how to reach out to Kidbox.
Terms of Service and Binding Arbitration Agreement. If the parties do not reach an agreed upon resolution within a period of thirty (30) days from the time informal dispute resolution is commenced pursuant to the “—Initial Dispute Resolution” section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including its performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association on a non-confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive, and disclaim the application of any state arbitration act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Kidbox will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and Kidbox will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, Kidbox will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception — Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the address below under “How do I contact you?”. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the provisions of this section. If you opt-out of these arbitration provisions, Kidbox also will not be bound by them.
Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York, NY for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in New York, NY for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site and (b) any acts or omissions of Kidbox in connection with these Terms or the Site.
How do I contact you?
For questions about our User Generated Content Terms or to update your personal information, you can contact us by postal mail, telephone or email as follows: Kidbox Customer Service, 20 West 33rd Street, NY NY 10001; + 1 (877) 413-3514; Contact@kidbox.com.
GENERAL RULES AND PROCEDURES FOR USER CONTENT POSTINGS
We are excited to see your photos but, we want you to be aware of some tips and rules to keep in mind before you start sharing.
Make sure that your photos DO contain the following:
Easily recognizable Kidbox products • Permission of a parent or legal guardian if any child under the age of 16 is featured in the photo • For copyright reasons, only upload photos that you own or have the permission to use.
Make sure that your photos DO NOT contain the following:
References to products, trademarks, logos, stores or websites of companies other than Kidbox; • User Content that would infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, unless you have the owner's express permission; • Another person's name, photograph, image, likeness or appearance, unless you have that person's express permission; • material for which you were compensated or provided any consideration by a third party; • personal contact information for yourself or others; • corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; • the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; • content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to Kidbox, as determined by Kidbox in its sole and exclusive discretion; • content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; • content that is blurred or dark, obscuring the image.
PLEASE BE AWARE OF THE FOLLOWING:
- We do make an effort to pre-screen User Content. Submissions may be subject to a review and approval process, and therefore may not be posted to the Site immediately. Kidbox reserves the right, but not the responsibility, to refuse to post or to remove any posting that does not comply with the Terms. Any such refusals are made in Kidbox’s sole discretion and Kidbox shall have no obligation to inform you if or why your Submission was refused.
- You acknowledge and agree that Kidbox does not have any obligation to review User Content, that Kidbox is not in any manner responsible for User Generated Content, that Kidbox does not guarantee the accuracy, integrity or quality of User Content and that Kidbox cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on the Sites. You also acknowledge that by providing you with the ability to access, view and/or post User Content on the Site, Kidbox is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of any users on the Sites.
- When you submit content via third party sites such as Instagram™, Facebook™ or Twitter™, your use of those sites is governed by their terms and conditions and not ours. Instagram™, Twitter™ and Facebook™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Kidbox or its Sites. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
- Be aware that Kidbox has no control over User Content once it leaves our Sites, and it is possible that others may duplicate material found on our Sites, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of our Sites.