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Terms and Conditions of Use

(Revision Date:  March 1, 2017)

By accessing this website or submitting an order for merchandise from Kinder-Books (sometimes referred to as “Vendor”), you acknowledge that you (“User” or “You”) have read, understand and accept these terms and conditions of use (“Terms of Use”) and agree to be bound by them, to the maximum extent permitted by applicable law.

Vendor may change or modify these Terms of Use from time to time and will post the new version on this website.   We reserve the right to modify or update the Terms of Use at any time, and you should check this page regularly to ensure you are familiar with any changes or amendments.  The effective date of the latest of any modification or update to the Terms of Use is indicated at the top of the page as the Revision Date.

We ask that you review these Terms of Use to ensure your acceptance. If you do not agree to these Terms of Use, you are not authorized to use this website or to purchase any merchandise from Vendor.

License

Your use of this website is under a limited license to access and make personal use of the website and the information contained herein. This license does not include any right to download (except for page caching), modify, reproduce, or resell any part of the website’s content; use or deploy any robot, spider, data miner, or other means to extract and gather data (including images) from the website; or otherwise use this website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain Vendor’s express written consent.

Termination of Usage

Vendor may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right or ability to use or access all or any part of this website, including any account hereon, without notice, for any reason in Vendor’s absolute and sole discretion, including, without limitation, violation of the Terms of Use or Vendor’s belief that such use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Vendor or another user.

Visitor Conduct

You may not upload, post, e-mail or otherwise transmit any content on or through the website that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another’s privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.

You further agree that you will not: (i) use the website, or any part thereof, to “stalk” or harm any other visitor or any other person in any way; (ii) impersonate any person or entity, including but not limited to a Vendor officer, director, or representative, or falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on or through the website; (iv) disrupt the normal flow of dialogue in any peer or similar group that may be hosted on the website; (v) interfere with or disrupt the website or servers or networks connected to the website, or the use thereof, or disobey any requirements, procedures, policies or regulations of networks connected to the website; (vi) “hack,” infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the website; (vii) harvest, collect or store information about the visitors of this website, the content posted by others on this website or any other data or information on this website, or use such information for any purpose inconsistent with the purpose of this website; (viii) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the website or that of any third party that is hosting or interfacing with any part of the website; (ix) create any frames at any other websites containing or incorporating this website; or (x) violate any applicable local, state, national or international law or regulation.

Your Kinder-Books Account

If you establish an account with Kinder-Books on this website, then you are responsible for maintaining the confidentiality of your username and password. Accordingly, you agree to accept full responsibility for all activities, transactions, etc., that take place under your account or password.  You agree not to allow any other entity to use any username(s) or password(s) that are issued to you.

This website is intended for the use of persons 18 years or older. Users under 18 may use the website only under the supervision of a parent or legal guardian, which person shall be legally responsible for all activities and interactions undertaken by such minors.

Privacy

Please review Vendor’s [Notice of Privacy Policy] to learn more about our practices with respect to this important issue. Vendor’s privacy notice is part of these Terms of Use and its provisions are incorporated herein by this reference.

Children’s Online Privacy Protection Act (“COPPA”) Notification

This website is not designed or intended for use by children under the age of 18.  Pursuant to 47 U.S.C. Section 230(d) as amended, Vendor hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

Internet Access

You acknowledge and agree that in connection with your use of the website, you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software and a means of connecting to or accessing the Internet. Vendor shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the website.

Use of Trademarks

Vendor, or third parties from whom Vendor has obtained permission, own the trademarks or service marks that are used on this website. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Kinder-Books and its licensors may not be used without prior written consent of Vendor or its licensor, as the case may be. Without limiting the foregoing, no Kinder-Books trademark or trade dress may be used in connection with any product or service that is not Vendor’s, in any manner that is likely to cause confusion among visitors to this site, or in any manner that disparages or discredits Vendor.

Copyright and Other Proprietary Rights

All proprietary content and materials on this website, including, without limitation this website’s layout, organization, and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

Digital Millennium Copyright Act

We respect the intellectual property rights of others, and require that all visitors to the site do the same.  If you have any reason to believe that material on this website infringes your copyright, please send a notice by mail or email to Vendor’s Copyright Agent requesting that the infringing material be removed. The notice must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the website;
  3. Identification of the allegedly infringing material and where the material is located on the website (the URL);
  4. Your contact information, including your name, address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Notices for Copyright claims should be sent to the Copyright Agent at:

Katharina Geringas
Kinder-Books
1540 Flower St, Glendale, California 91201
Attention: Copyright Claims

katharina@kinder-books.com

Upon receiving such a notice, Vendor will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512).

Blog and Customer Comments, Reviews, Etc.

Vendor may implement a blog, forum or comments section into its website. Vendor may remove or suspend such features at any time for any reason or for no reason. All comments submitted for a specific product or on any blog or forum must meet the following requirements:

You are the sole author of the comment and it in no way infringes upon the rights of any third party. All quotations, no matter their length, are credited to their original source.
The comment is not unlawful, harassing, threatening, obscene, defamatory, or otherwise objectionable.
The comment is accurate and not misleading.
The comment is not for the purpose of commercial solicitation or spam.

By posting a comment, you give Vendor the right, but not the obligation, to make the comment, or any part of it, available on the internet and use, copy, or distribute the content of the comment throughout the world in any media, in each case on a perpetual, royalty-free basis.

Visitors to the website who choose to post comments, reviews or similar content should be aware that Vendor also has the right, but not the obligation, to edit, modify or remove any customer comments or blog postings at any time. Vendor takes no responsibility and assumes no liability for any items posted by you or any third party.

Although Vendor may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on or about Vendor or its website, we shall be under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Vendor will fully cooperate with any law enforcement authorities or court order requesting or directing Vendor to disclose the identity of anyone posting any such information or materials.

Links to Third-Party Sites

This website may provide links to other unrelated websites elsewhere on the internet.  Vendor is in no way responsible for the validity, content, accuracy, copyright clearance or compliance, taste or decency standards, of any materials on such linked websites. Vendor makes no statements, representations or warranties regarding the security of any information you might choose to provide to such websites. Vendor disclaims any liability for any loss or damages sustained as the result of any sales or other business dealings with such third parties.   These links do not imply Vendor’s endorsement of or association with any such linked sites.

Idea Submission

The following provisions are included so as to avoid potential misunderstandings or disputes in the future in the event that Vendor’s products, services, or marketing strategies appear similar to ideas or materials submitted to Vendor by others.  Vendor is privileged to have a lively, vibrant and active user base that shares our goal of continually improving the Vendor’s product and service offerings. While our own staff is constantly working to develop and evaluate our own product and service offerings, we also pay close attention to the feedback, comments, and suggestions we receive from the wider community.  In the event that you choose to contribute to these efforts by sending Vendor or our employees any suggestions or ideas for new features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, designs, artwork, computer code, diagrams, computer code, or other materials (“Submissions”), then without regard to what any accompanying correspondence may state, the following terms shall apply:

By sending Submissions to Vendor, you agree that:

(a) Vendor has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason;

(b) Submissions are non-confidential, and Vendor is not under any obligation to keep Submissions you send confidential;

(c) You irrevocably grant Vendor and its successors and assigns a perpetual, unrestricted, sublicensable license to use, reproduce, modify, and distribute Submissions for any purpose, including by making, using, selling, and importing commercial products and services which incorporate or embody Submissions in whole or in part, free of charge and without attribution of any kind; and

(d) Vendor may transfer or assign this policy and the rights you grant to Vendor hereunder without hindrance or restriction.

Comprehensive Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY VENDOR ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE PARAGRAPH BELOW, VENDOR WILL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY OTHER DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT OR SERVICES.  YOU ASSUME WITHOUT LIMITATION ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING ANY LOSS OF DATA, OR HARM TO YOUR COMPUTER OR ANY OTHER EQUIPMENT. VENDOR DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ANY E-MAIL OR OTHER COMMUNICATION SENT FROM OR ON BEHALF OF THIS WEBSITE SHALL BE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE INTERPRETED OR UNDERSTOOD TO LIMIT VENDOR’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY VENDOR’S OWN NEGLIGENCE, OR FOR ANY DAMAGES CAUSED BY ANY FAILURE BY VENDOR TO FOLLOW COMMERCIALLY REASONABLE MEASURES TO PROTECT YOUR ONLINE SECURITY AND PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY.

Indemnification of Vendor

All visitors to or users of Vendor’s website agree to defend, indemnify and hold Vendor harmless from any claim, demand, loss, liability, costs, or expenses (including all costs and reasonable attorneys’ fees), arising out of such visitor’s misuse of this website, their breach of these Terms of Use, or their violation of law or any rights of a third party.

Applicable Law; Waiver

This website is maintained through Vendor’s offices located in Los Angeles, California. Accordingly, this agreement shall be deemed to have been made in the United States in the State of California and shall be governed exclusively by the laws of the State of California without regard to any principles of conflicts of law.   Any waiver by Vendor or User of any provision of these Terms of Use, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

Arbitration of Disputes

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Vendor or its employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act (Pub.L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. § 1 et seq.) and not any state arbitration law. The arbitration shall be conducted before one (1) commercial arbitrator with substantial experience in resolving internet-related disputes from the American Arbitration Association (“AAA”).  Unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

IMPORTANT NOTICE: You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT by a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW OR RIGHTS OF APPEAL.

You and Vendor must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR VENDOR MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Vendor will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Vendor also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or Vendor may bring an individual action in a court of small claims jurisdiction. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to or resolved under this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the party’s right to arbitrate.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither User nor Vendor shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Los Angeles County, California.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA at http://www.adr.org.

Alternatively, at Vendor’s sole and absolute discretion, a claim may be adjudicated in the state or federal courts located in Los Angeles County, California. By using this website, User consents to exclusive jurisdiction of, and venue in, the state or federal courts located in Los Angeles, California.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE CONDUCT OF THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES AND AGREES THAT ALL SUCH DISPUTES SHALL BE DECIDED BY AN ARBITRATOR.

Severability

If any of the provisions, in whole or in part, of this Terms of Use are determined to be invalid or unenforceable under any applicable statute or rule of law, then, that provision notwithstanding, these Terms of Use and the agreements and undertakings contained herein shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Notices

You consent to receive electronic communications from us via email or posting on this website and acknowledge that such communications satisfy any legal requirement that the communications be made in writing.