Inc. and it subsidiaries and affiliates (“KidKraft”). By using the Sites you agree to be bound by and are
any time with or without notice and your continued use of the Sites constitutes your agreement to the
KidKraft does not endorse and is not responsible for such other websites and you are responsible for
For information regarding KidKraft’s privacy practices, please see KidKraft’s privacy
DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE
FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER IS SET FORTH IN THE ARBITRATION AND CLASS
WAIVER SECTION BELOW.
you agree not to, use the Sites for illegal purposes; copy, sell, resell, or exploit for commercial
any portion of the Sites; take any action that imposes an unreasonable or disproportionately large load
the infrastructure of one or more of the Sites; use or attempt to use any device or mechanism to
search the Sites to collect information from the Sites to be used for any commercial purpose; interfere
attempt to interfere with the proper working of one or more of the Sites; reverse engineer or attempt to
reverse engineer any of the software comprising or in any way making up a part of the Sites; use any
incomplete, false, or inaccurate biographical information or other information for purposes of creating
Account (defined below); use any Site in a manner that is distasteful, offensive or controversial,
or abusive; and/or assist or permit any persons in engaging in any of the activities described above.
Registered User Accounts, Passwords, and Security
Portions of the Sites may require that you register an account with KidKraft (“Account”). You agree to
maintain the confidentiality of your username and password and are fully responsible for all activities
occur through the use of your username and password. You agree to immediately notify KidKraft of any
unauthorized use of your password or any other breach of security about which you may be aware
Products and Pricing
All descriptions of products and product pricing on any Site are subject to change at any time without
notice and at the sole discretion of KidKraft. The technology you are using to view the Sites may impact
accuracy of the display of any images of products offered on a Site. KidKraft does not warrant that the
description of any product on any site or any other content of any Site is accurate, complete, reliable,
current, or error-free. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you. even after your receipt of order confirmation or shipping notice. . Unless expressly stated otherwise in writing, any sale of any product on any
Site is intended for end-user customers only and the resale or export of any such product is prohibited.
Pricing for KidKraft products described or advertised on other sites and retail stores may differ from prices on our site. KidKraft does not match prices.
We reserve the right at any time after receipt of your order to accept or decline your order, or any
thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion,
limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product
listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product
listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit
charged. If your credit card has already been charged for the purchase and your order is canceled, we
promptly issue a credit to your credit card account in the amount of the incorrect price. We reserve the
right to refuse any sale at any time.
The Sites, all content on the Sites (except the KidKraft Trademarks, defined below) are the property of
KidKraft or its licensors (“KidKraft Property”). KidKraft gives you a limited, nonexclusive, revocable,
non-assignable, non-sublicensable, non-transferrable, license to use the KidKraft Property for your own
personal use. Any other use of the KidKraft property is prohibited. You are prohibited from copying,
reproducing, modifying, distributing, displaying, performing or transmitting any of the KidKraft
for any purposes.
All trademarks, logos, service marks and trade names of KidKraft are the property of KidKraft (“KidKraft
Trademarks”). Any use of the KidKraft Trademarks without KidKraft’s pre-approval in writing is
If the functionality is available on a Site, you may submit reviews, suggestions, comments, questions,
other information, as long as your submission complies with these Terms and Conditions and does not
any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such
submission, you hereby grant KidKraft a nonexclusive, royalty-free, perpetual, irrevocable, assignable,
transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and
create derivate works of such submission worldwide in any form and on any media.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on any Site in a manner that
constitutes copyright infringement, please provide KidKraft’s copyright agent in writing with: (i) a
description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly
infringing material on a Site that you are requesting be removed; (iii) your name, telephone number, and
email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is
authorized by you or by law; (v) a statement that the information you are providing is accurate, and
penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone
on the copyright owner’s behalf, to assert infringement of copyright and submit the statement.
of infringement that include all of the information set forth above must be submitted by post or
mail to KidKraft’s copyright agent at 4630 Olin Road, Dallas, TX 75244, firstname.lastname@example.org.
Limitation of Liability
IN NO EVENT WILL KIDKRAFT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR
THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY
RELATED TO THE SITES, YOUR USE OF THE SITES, YOUR ACCESS OR INABILITY TO ACCESS THE SITES, OR ANY
PURCHASED ON THE SITES, EVEN IF KIDKRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT WILL KIDKRAFT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR ANY CAUSES OF ACTION
FIFTY DOLLARS ($50.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, KIDKRAFT’S
IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE SITES ARE PROVIDED AS-IS. KIDKRAFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE
OR ANY PORTION OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDKRAFT DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE.
You agree to indemnify KidKraft and its officers, directors, employees, agents, licensors,
and third-party providers from and against all liabilities, claims, and expenses, including reasonable
attorney’s fees, made by any third party due or arising out of your use of the Sites or your violation
any rights of any third party.
Arbitration and Class Action Waiver
Binding Individual Arbitration. If you and KidKraft have a
dispute that cannot be resolved through
negotiation within the time frame described below, other than those matters listed in the “Exclusions
Arbitration” subsection, you and KidKraft agree to seek resolution of the dispute only through binding
arbitration, not litigation in any court, of that dispute in accordance with the terms of this
Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a
or jury. The arbitrator may award damages to you individually as a court could, including declaratory or
injunctive relief, but only to the extent required to satisfy your individual claim. Unless the
finds the arbitration was frivolous or brought for an improper purpose, KidKraft will pay all filing,
American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an
that is greater than the value of KidKraft’s last written settlement offer made before an arbitrator was
selected (or if KidKraft did not make a settlement offer before an arbitrator was selected), then
will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your
any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs)
that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in
arbitration. KidKraft waives any right to seek an award of attorneys’ fees and expenses in connection
any non-frivolous arbitration between you and KidKraft.
Exclusions from Arbitration. YOU AND KIDKRAFT AGREE THAT ANY
CLAIM FILED BY YOU OR BY KIDKRAFT IN SMALL
Content Use Agreement
You agree to grant KidKraft use of your image, video or other content by replying to our Instagram or Twitter post with #KidKraftKids. You represent and warrant that you own all content or have been granted a license to use the content and that no third party claim for ownership exists. You grant KidKraft a non-exclusive, non-revocable and perpetual commercial right to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. Use of your content may include being used alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While KidKraft will make commercially reasonable efforts to give you credit for your content and provide a link back to your Facebook, Instagram or Twitter account when applicable, you agree that such credit is not mandatory and our use of your content is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work.
Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Content Use Agreement shall remain in full force and effect. This Content Use Agreement shall be governed by the laws of the state of Texas.
If you don’t agree to these terms, we completely understand and no further action is required. Thanks again and please email us at email@example.com if you have any questions.
Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE
WITH KIDKRAFT, YOU MUST SEND WRITTEN NOTICE TO:
KIDKRAFT, INC., OFFICE OF GENERAL COUNSEL, 4630 OLIN ROAD DALLAS, TEXAS 75244, TO GIVE YOU AND KIDKRAFT
OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations
resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of
sixty (60) day period, either party may pursue arbitration with the American Arbitration Association
pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS,
WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED
ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER
CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND
SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any place within
United States that is reasonably
convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in
person, by telephone, or based only on submissions.
Severability. IF THE “CLASS ACTION WAIVER” CLAUSE IS FOUND TO BE ILLEGAL
UNENFORCEABLE, THIS ENTIRE
ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A
COURT LOCATED IN DALLAS, TEXAS AND YOU AND KIDKRAFT EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST
EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Account with or without notice and with or without cause. This Section, the Intellectual Property,
Limitation of Liability, Disclaimer of Warranties, Indemnity, Arbitration and Class Action Waiver, and
KidKraft posting a revised version to the Sites, or (ii) in writing by an authorized KidKraft
Notices / Contact KidKraft
KidKraft may contact you by posting a message to the Sites or via any information you submit to KidKraft
registering for your Account. Any notices sent to KidKraft must be by post to KidKraft attention: B2C
Customer Service at 4630 Olin Road, Dallas, TX 75244 or via email to firstname.lastname@example.org.
For any questions about the Sites, you may contact KidKraft at email@example.com.