Terms of Use
Terms of Use
Effective Date: These Terms of Use were last revised on July 19th, 2024.
Consent
Our website (https://www.kidkraft.com/us_en, (“Website”, “Sites”) may provide interactive services, including chatbot, managed chat and session replay technology. By accessing our Website, you consent to recordation and retention of all communications with you, including your activity, in order to provide services, enhance your Website experience, and for quality and verification purposes. We may work with trusted service providers to analyze, store, and/or use this data on our behalf.
These terms of use (“Terms of Use”) apply to your use of our Website owned or operated by Backyard Kids, LLC and its subsidiaries and affiliates (“KidKraft”, “we”, or “us”). By using the Website, you agree to be bound by and are bound by the current version of these Terms of Use. KidKraft may revise or delete any portion of these Terms of Use at any time with or without notice and your continued use of the Sites constitutes your agreement to the then-current Terms of Use. The Sites may contain links to other websites, including payment processing websites. KidKraft does not endorse and is not responsible for such other websites and you are responsible for reviewing and complying with such other websites’ terms of use and privacy policies.
For information regarding KidKraft’s privacy practices, please see KidKraft’s privacy policy.
THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND KIDKRAFT. IN ARBITRATION, A 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 PROCEDURES.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER IS SET FORTH IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Acceptable Use
Our Website is only intended for your personal use. It is a violation of these Terms of Use to use for illegal purposes; copy, sell, resell, or exploit for commercial purposes any portion of our Website; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Website; use or attempt to use any device or mechanism to navigate or search to collect information from our Website to be used for any commercial purpose; interfere or attempt to interfere with the proper working of our Website; reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of our Website; use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an account; use our Website in a manner that is distasteful, offensive or controversial, tortious, 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 our Website may require that you register an account with KidKraft. You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that 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 our Website are subject to change at any time without notice and at the sole discretion of KidKraft. The technology you are using to view our Website may impact the accuracy of the display of any images of products offered on our Website. KidKraft does not warrant that the description of any product or any other content on our Website is accurate, complete, reliable, current, or error-free. KidKraft reserves 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 our Website is intended for end-user customers only and the resale or export of any such product is prohibited.
Price Matching
Pricing for KidKraft products described or advertised on other sites and retail stores may differ from prices on our Website. KidKraft does not match prices.
Transactions
KidKraft reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. KidKraft reserves the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is 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 card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. KidKraft reserves the right to refuse any sale at any time.
Intellectual Property
Our Website and all content (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 Property 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 prohibited.
If the functionality is available on our Website, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms of Use and does not contain 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 our Website in a manner that constitutes copyright infringement, please provide our 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 our Website 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 not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to our copyright agent at 4630 Olin Road, Dallas, TX 75244, customerservice@kidkraft.com.
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 OUR WEBSITE, YOUR USE OF OUR WEBSITE, YOUR ACCESS OR INABILITY TO ACCESS OUR WEBSITE, OR ANY PRODUCT PURCHASED ON OUR WEBSITE, 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 ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER BASIS EXCEED FIFTY DOLLARS ($50.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, KIDKRAFT’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE USE OF OUR WEBSITE IS PROVIDED AS-IS. KIDKRAFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDKRAFT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Indemnity
You agree to indemnify KidKraft and its officers, directors, employees, agents, licensors, representatives, 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 our Website or your violation of 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 From Arbitration” subsection, you and KidKraft agree to seek resolution of the dispute through binding arbitration of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge 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 arbitrator 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 award 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 KidKraft will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your attorney, if 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 with 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 CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF USE. Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH KIDKRAFT, YOU MUST SEND WRITTEN NOTICE TO: Backyard Kids, LLC OFFICE OF GENERAL COUNSEL, 4630 OLIN ROAD DALLAS, TEXAS 75244, TO GIVE YOU AND KIDKRAFT THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association(“AAA”) 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 IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND KIDKRAFT SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any place within the 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 OR 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.
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 or #Agree. 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, artwork, 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 Terms of Use shall remain in full force and effect.
If you don’t agree to these terms, we completely understand and no further action is required. Thanks again and please email us at marketing@kidkraft.com if you have any questions.
Termination
KidKraft may, in its sole discretion, terminate these Terms of Use, your access to our Website and/or your 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 Miscellaneous Sections will survive any termination of these Terms of Use.
Miscellaneous
These Terms of Use are governed by and will be construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. These Terms of Use constitute the entire agreement between KidKraft and you with respect to your use of our Website. If any portion of these Terms of Use is held invalid, the remaining portions will remain in full force and effect. These Terms of Use may be only modified by (i)KidKraft posting a revised version to our Website, or (ii) in writing by an authorized KidKraft representative. KidKraft’s failure to enforce any portion of these Terms of Use will not in any way waive KidKraft’s rights to subsequently enforce these Terms of Use.
Notices / Contact KidKraft
KidKraft may contact you by posting a message to our Website or via any information you submit to KidKraft in 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 customerservice@kidkraft.com.
Mobile Terms of Service
The KidKraft US mobile message service (the "Service") is operated by Backyard Kids, LLC (“KidKraft”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to KidKraft US’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of KidKraft US through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with KidKraft US. Your participation in this program is completely voluntary.
KidKraft does not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18334161294 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other KidKraft US mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Customer Service support or assistance, please email customerservice@kidkraft.com
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
For any questions about the Sites, you may contact KidKraft at customerservice@kidkraft.com.
*Effective Date: These Terms of Use were last revised on July 17th, 2024.