KIDS II® WEBSITE TERMS AND CONDITIONS
This website and all subpages within this Website (collectively, the "Website") are furnished by Kids II®, Inc. and its affiliates and subsidiaries (hereinafter referred to as "Kids II"). Your use of this Website is subject to the following Terms and Conditions. Please note that your use of this Website constitutes acceptance of these Terms and Conditions, so please be sure to read and understand this information. Periodically, we may revise the Terms and Conditions, so it is important that you review this page whenever you use this Website. Please note that the provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS WEBSITE, YOU SHOULD LEAVE THIS WEBSITE
Use and Ownership of Content on this Website
Kids II maintains this Website for the personal use of those interested in products and services offered by Kids II. Unless permitted under the Copyrights section below, without Kids II’s prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Website, except you may download one copy of the material in temporary storage on one computer for your personal viewing or use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. If you are an owner of intellectual property who believes your intellectual property right has been improperly posted or distributed via this Website, please notify Kids II immediately at:
Kids II, Inc.
Attn: Legal Department
3333 Piedmont Road
Atlanta, Georgia USA 30305-1712
The material on this Website could include technical inaccuracies or other errors. Your use and browsing of this Website is at your own risk. Neither Kids II nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. Kids II does not warrant that the functional aspects of this Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the material contained on the Website results in the need for servicing or replacing property, material, equipment, or data, Kids II is not responsible for those costs. Without limiting the foregoing, everything on the Website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
Kids II shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kids II has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You should assume that everything you see or read on this Website (including, but not limited to, wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content) is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of Kids II. Kids II neither warrants nor represents that your use of materials displayed on this Website will not infringe upon rights of third parties not owned by or affiliated with Kids II. images, photographs, or illustrations displayed on the Website are either the property of, or used with permission by, Kids II. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kids II or purchasing Kids II products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kids II or to purchase Kids II products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kids II. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks and Copyrights
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this Website are registered and unregistered trademarks of Kids II and, in some cases, third parties who have authorized such use by Kids II. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Kids II or its affiliates or such third party that may own the Trademark displayed on the Website. Your misuse of any of the Trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
All Rights Reserved. Baby Einstein and the Boy’s Head Logo are trademarks of the Baby Einstein Company, LLC. All Rights Reserved. EINSTEIN and ALBERT EINSTEIN are trademarks of the Hebrew University of Jerusalem. All Rights Reserved. www.albert-einstein.org www.babyeinstein.com
"Bright Starts™", "Ingenuity™", "Comfort & Harmony™", and "Kids II®" are trademarks of Kids II, Inc. All rights reserved. Kids II, Inc. is the exclusive licensee of the "Oball™ " and "Taggies™" family of trademarks.®2012. All rights reserved.
Kids II has not reviewed all of the sites linked to this Website and is not responsible for the contents of or any changes to any off-site pages or any other sites linked to this Website. The inclusion of any link to such sites does not imply endorsement by Kids II of any material on such other sites or off-site pages. Your linking to any off-site pages or other sites is at your own risk.
You hereby agree to indemnify, defend, and hold harmless Kids II, its officers, employees, agents, business partners, licensors, licensees, suppliers and any third-party information providers from and against all losses, damages, liability, claims, demands, causes of action and judgments, including but not limited to attorneys’ fees and court costs, arising in connection with your use of this Website or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Kids II may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kids II.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kids II or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Kids II does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kids II is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kids II reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kids II in its sole discretion.
Revisions to the Website: Kids II may revise the Website Terms and Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting.
Applicable Laws: Kids II controls and operates this Website through its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Website may describe products that are not available worldwide. If any provision of these terms or conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions.
Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of Georgia U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kids II products) shall be in the state or federal courts located in Fulton County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kids II products) must be commenced within one (1) year after the claim or cause of action arises. Kids II‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kids II may assign its rights and duties under this Agreement to any party at any time without notice to you.
Accuracy of the Website: Kids II makes all reasonable attempts to keep the information on this Website updated, complete, and accurate. The information is intended for general purposes and nothing contained in this Website is intended to be used as medical advice.
Failure to Comply with Terms and Conditions: Kids II reserves the right to investigate any suspected breaches of its Website security or Terms and Conditions and involve law enforcement authorities in investigating any such matters and prosecute violators to the full extent of the law.