Welcome to http://www.kidsartworks.com, hereinafter called Kids Art Works. Kids Art Works provides you with a fun, safe, and easy way to buy products using art to support your family educational provider (collectively "Process"). Before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). We may change or update these Terms at any timeI, but you can always find the most recent version here. You should periodically check this page to make sure you have read the current version of these Terms.
These Terms of Use shall apply to all users of the Website, including without limitation each registered school coordinator (individually a “School Coordinator” and collectively, “School Coordinators”), each artist (individually, an “Artist” and collectively, “Artists”), each parent or legal guardian of an Artist (individually, a “Parent” and collectively, “Parents”), and all friends, family members, and other visitors to the Website.
This Website is offered and available to users who are 18 years of age or older and reside in Australia and New Zealand or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
II. Accessing the Website and Account security
We reserve the right to withdraw or amend this Website, and any product, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
III. User Conduct
You may not use the Services to process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that:
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech or is otherwise inappropriate;
Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
Violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, privacy, publicity or privacy rights;
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
Advocates illegal activity;
Violates any law or regulation;
Harms or advocates harm against anyone, including minors; or,
Provides a link to material associated with any of the above.
Kids Art Works in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.
IV. Third Party Software
As a convenience, Kids Art Works may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. Kids Art Works makes no representations or warranties concerning, and is not liable or responsible for, any such software.
V. Links to Other Sites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
VI. Privacy Notice
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Policy.
VII. Copyright & Trademark Ownership
Except for an Artist’s artwork and audio and video files related to an Artist’s artwork uploaded by you to the Website (“User Content”), the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. Except for User Content, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
VIII. Your Intellectual Property Rights & License Grant
We may remove artwork, lesson plans, or any other material from the Website at any time without notice, and we will terminate user privileges in appropriate circumstances, including without limitation by terminating the user privileges of users of the Website who are the subject of repeated copyright claims. If you have any reason to believe that your rights under any laws are being violated, please promptly notify us in writing so that we can help identify any possible issues. To help us reach a quick resolution, please send us (i) a signature from the person who thinks their (or their Artist’s) rights are being violated, (ii) a description of the claimed violation, (iii) information that will direct us to evidence of such claimed violation, (iv) contact information so that we can correspond with you on the matter, (v) a statement that such claims are being made in good faith, and (vi) a statement that any information submitted is accurate and from an authorized person. Please send the above information to us at info@kidsartworks.com.
IX. Limited Warranty
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
X. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE COMPANY, YOUR OR ANYONE’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE REMEDY SHALL BE TO TERMINATE YOUR ACCOUNT OR DISCONTINUE USE OF THE WEBSITE. WITHOUT NEGATING OR LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
XI. Order and Shipping Information
We offer users a service to reproduce Artist’s artwork on gift merchandise such as calendars, greeting cards, diaries and many other keepsake products as shown on the Products Page.
You hereby covenant and agree that when ordering merchandise you shall not make any misrepresentations. We take the protection of Artists very seriously. If you make a misrepresentation as to your identity or relationship with an Artist, you may be prohibited from further use of the Website and may also be subject to criminal and/or civil liability.
Each item you order is custom-produced. Once an order is submitted and confirmed online, an order may not be canceled. If, for any reason, you are dissatisfied with a merchandise purchase, we will replace the item(s) free of charge, subject to the following conditions and restrictions:
If you receive a gift item that depicts the wrong piece of artwork that is due to the Company’s fault or that is broken or otherwise defective, excepting ordinary wear and tear, improper usage, or other causes not within our control, we will replace the item free of charge if notified of the problem within 60 days after delivery of the merchandise to you. To provide notification under this section, you must email us at info@kidsartworks.com and include the following information: your name and mailing address, the order number, and the reason for the requested product replacement.
Sometimes artwork submitted to us may not be compliant with our Art Guidelines. If this occurs, the reproduction of such artwork may contain faults on merchandise. Therefore, before making an order, you must ensure that such artwork is of adequate image quality as set forth in the Art Guidelines. We will not accept the return of any merchandise that is a faithful reproduction of the artwork image submitted.
You are responsible for ensuring that you properly identify and select your desired artwork. We may refuse returns of merchandise if you order merchandise depicting wrong artwork.
You are responsible for ensuring that you have selected your desired merchandise product. We may refuse returns due to an incorrect merchandise product selection.
Unless otherwise requested in an online order, orders placed during a school’s program are consolidated and shipped directly to the school address. Orders placed that request shipment to a specified address other than a school address are required to pay additional shipping and handling.
If a customer wants to make a change of the order given before the order is put into production, then we can change or refund the item, but the bank transaction fee will not be refunded.
Order which is put into production can not be changed.If you order through the wrong organization, or order through our retail shop instead of your school, it can only be refunded if the order has not gone into production.
Pricing is set by the school, not by Kids Art Works
XII. Licensing
Parents and/or Artists retain ownership of an Artist’s artwork. By registering as a Parent of an Artist, the Parent, on behalf of both the Parent and the Artist, grants the Company a royalty-free right and license to use, re-use, copy, publish, republish, in whole or part, edit, add to, modify, and rearrange the Artist’s artwork solely in connection with:
XIII. School Registration
To register a school with us, a School Coordinator must be 18 years or older and duly authorized to make such registration. Each School Coordinator who registers a school with us acknowledges and agrees that (i) they have received all necessary permissions to take such action, including without limitation the permission of school and school district administrators, (ii) any information provided to us will be true, accurate, current and complete, and (iii) they will ensure that all information provided to us remains accurate and up to date at all times.
XIV. Ordering Merchandise
We only provide online order codes to School Coordinators and Parents. School Coordinators and Parents are responsible for keeping online order codes private and may choose, in their sole discretion and at their sole risk, to share online order codes with those parties whom they authorize to view and purchase their Artist’s artwork. If a School Coordinator or Parent believes their online order code has been improperly accessed or disclosed, he or she may inform us in writing and request a new code, and the Company will use its best efforts to meet such request. If we haven’t received any such notice, we presume that the Parent has granted such permission to order merchandise depicting their Artist’s artwork. A SCHOOL COORDINATOR MAY ONLY ORDER MERCHANDISE CONTAINING AN ARTIST’S ARTWORK IF THE SCHOOL COORDINATOR HAS OBTAINED THE PRIOR CONSENT OF THE ARTIST’S PARENT (“PARENT CONSENT”). IF A SCHOOL COORDINATOR ORDERS MERCHANDISE CONTAINING AN ARTIST’S ARTWORK, THE SCHOOL COORDINATOR HEREBY REPRESENTS HE OR SHE HAS OBTAINED ALL APPLICABLE PARENT CONSENTS AND THAT WE CAN RELY ON SUCH REPRESENTATION IN FULFILLING SUCH ORDER.
XV. Choice of Law
Except where and to the extent prohibited by law, by using the Services you and Kids Art Works agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving Kids Art Works’ intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to: info@kidsartworks.com, Attention: Legal Department
You at the address we have on file for you. Both you and Kids Art Works agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
XVI. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
XVII. Modification of Terms
Kids Art Works may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. When we do so, we will update the “Last Updated” date at the beginning of these Terms. You will be notified of any amendments or modifications made by Kids Art Works to these Terms and given an opportunity to accept the new Terms or cease use of the Services.
XVIII. Entire Agreement
These Terms constitute the entire agreement between you and Kids Art Works governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Kids Art Works Affiliate services, third-party Content, or third-party software.
The failure of Kids Art Works to exercise or enforce any Term will not constitute a waiver of such Term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to give effect to the parties’ intent with regard to the provision as reflected in the Terms, and that the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
XX. Contact Us
If you have any questions or concerns regarding the Services or these Terms, please contact Customer Support or mail us at: info@kidsartworks.com
