TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE
By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site, you agree to follow and be bound by (1) these Terms of Service, (2) all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time, and (3) all applicable laws and regulations, including United States export and re-export control laws and regulations. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase products from us.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
CHANGES TO THESE TERMS OF SERVICE
We are constantly trying to improve our Services, so these Terms of Service may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the walmart.kidbox.com website, by sending you an email, and/or by some other means. Any changes will be effective as of the “Last Updated” date at the end of these Terms of Service. If you have any questions about these Terms of Service, please contact us at email@example.com.
If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Service is effective, that means you agree to all of the changes. However, any changes to the dispute resolution provisions set forth in the Disputes section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site.
Except for changes by us as described here, no other amendment or modification of these Terms of Service will be effective unless in writing and signed by both you and us.
REGISTERED ACCOUNT HOLDERS AND CUSTOMERS
As a Customer, you must keep, and are solely responsible for keeping, your account and password information confidential and secure. KIDBOX may assign you a password, or ask you to create your own password to enable you to access and use certain portions of the Services. The password you use for your KIDBOX account should not be used with any third-party sites and accounts. Each time you use a password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with the terms and conditions of these Terms of Service, and KIDBOX has no obligation to investigate the authorization or source of any such access or use of the Services. You will be responsible for any activity that occurs on your account or that is performed on the Site through your account. To protect the security of your account and our customers, Kidbox reserves the right to require a password change, request additional identity verification, or decline an order at any time. You may never use another customer’s account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account.
By creating an account, you are ordering a box, and agreeing to seasonal automated shipments unless you choose to skip a shipment, disable your account, or place your membership on hold.
Although KIDBOX is not a subscription, we do ship boxes automatically unless your settings in your account are adjusted to not receive automatic shipments; however you will always have the option to skip a shipment each season. You may cancel or deactivate your membership at any time by disabling your account in the settings sections of your account or contacting Customer Service at firstname.lastname@example.org, and we'll cancel your membership.
As a Registered Account Holder or Customer of Kidbox, you agree to receive e-mails critical to your account and transaction(s), such as announcing upcoming clothing selections or assignments (solely if you are a Customer), or promoting special offer(s) or other information about Kidbox. We may, from time to time, send you our newsletter if you selected to receive it. You may unsubscribe from our newsletter by clicking the "unsubscribe" option at the bottom of the newsletter e-mail.
By providing us with your wireless number, you confirm that you want Kidbox to you information regarding your account or transactions with us that we think may be of interest to you, which may include Kidbox using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Kidbox, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Kidbox. You agree to indemnify and hold Kidbox harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
If you would like to change the email address connected to your account, please contact us at email@example.com.
NOTICES AND RESTRICTIONS
KIDBOX’s name, trademarks, service marks, graphics, designs, slogans and logos used in connection with the Services are trademarks or registered trademarks of Kidbox (collectively “Kidbox Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Kidbox Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Kidbox or the applicable trademark holder.
USE OF SITE AND CONTENT
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, images, displays, illustrations, videos, audio clips, artwork, interfaces, products, written posts and comments, software, scripts, graphics, interactive features and other content generated, and the design, selection and arrangement thereof, provided or otherwise made accessible on or through the Site and Services.
The Content, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Services, are owned, controlled, and licensed by Kidbox or its licensors, unless otherwise indicated and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. Subject to the terms and conditions of these Terms of Service, KIDBOX hereby grants you a limited, worldwide, revocable, non-transferable, non-sublicensable and non-exclusive license to access and use the Site and Content (i.e., by displaying the Site and Content locally on your internet browser only for the purpose of accessing the Site and receiving KIDBOX Services).
You may not sell, license, rent or otherwise use the Site, Services or Content for any commercial use except as explicitly permitted by KIDBOX in advance and in writing. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Content, this Site or any portion of the foregoing unless expressly permitted KIDBOX in writing. You may not use the Site, Services or Content in any way that violates any third party rights. KIDBOX reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if KIDBOX believes that client conduct violates applicable law or is harmful to KIDBOX’S interest. Any breach of these Terms of Service shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including without limitation product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content. User Content also includes Content provided by users through third party services such as a user’s social media account (e.g. Facebook, Instagram, Twitter, etc.) if such Content mentions, tags, or otherwise interacts with KIDBOX, the Services, or any of our products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. You shall not upload to, distribute, or otherwise publish through this Site any User Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person, or any data protection or privacy rights of an individual; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; (c) contains any content that exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (d) impersonates any person or entity; (e) contain unauthorized advertising; or (f) includes or transmits any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Services.
By submitting User Content through the Services, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect the opinions of KIDBOX. Information made available through the Services is not a substitute for information from experts or professionals in the applicable area. Product representations expressed on this Site are not made by KIDBOX. You acknowledge that all Content accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than KIDBOX (each a "Third Party Site"). KIDBOX may work with certain partners and affiliates whose sites are linked with KIDBOX. KIDBOX is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. KIDBOX makes no guarantees about the content or quality of the products or services provided by such sites. KIDBOX is not responsible for webcasting or any other form of transmission received from any Third Party Site. KIDBOX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KIDBOX of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that KIDBOX is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Kidbox a “Notification of Claimed Infringement” requesting that the material be removed or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kidbox to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Kidbox a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 3 Park Avenue, FL 32, New York, NY 10016 or firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
You represent and warrant that you are at least 18 years of age or older and reside in the United States or any of its territories or possessions. If you are under age 18 or do not reside in the United States or any of its territories or possessions, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
This Site is owned and operated by KIDBOX LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by KIDBOX or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by KIDBOX, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of KIDBOX intellectual property rights, whether by estoppel, implication or otherwise. You must contact KIDBOX if you have any questions about obtaining such licenses. KIDBOX does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by KIDBOX. Any rights not expressly granted herein are reserved by KIDBOX.
KIDBOX ships a seasonal box six times throughout the year, 1-2 months apart. Our seasons are Spring, Summer, Fall, Back to School, Winter, and New Year. You will always receive an e-mail prior to the new seasonal box being generated. In this e-mail we provide you with the opportunity to skip or confirm a shipment. If the box is not skipped, it will automatically ship out and your payment method on file will be charged $48.00(plus applicable tax) before the box is styled. When you create a KIDBOX account, you are automatically agreeing to automated seasonal shipments, UNLESS the season is skipped, the account is paused, or the account is cancelled or deactivated. If your automated shipments are not turned off, when a new season has begun you will receive an e-mail letting you know that a new season has started, and a date in which you have to log into your account and skip your shipment if you wish. If you do not log into your account and skip your shipment, a box will be automatically generated, and the payment will be processed onto the payment method on file. Once a box has been processed for shipment by our warehouse, we are unable to cancel the shipment; however you may return it for a full refund onto the original payment method. You can return the box once received by logging into your KIDBOX account and filling out your online return form. You will receive a UPS return label at that time. The label is prepaid and you will not be charged for any shipping. Once the return is receive and scanned back into our warehouse, a refund will be processed ono the original payment method on file. You may cancel or deactivate your membership at any time by disabling your account in the settings sections of your account or contacting Customer Service at email@example.com.
You will be notified by e-mail or SMS once a box has shipped and again once it has been marked as delivered by the carrier. Once the box is declared delivered by the shipping carrier, you will have 30 days to return it in order to receive a full refund. All items must be returned entirely, with the original tags attached. The clothing must be unworn, and we do not accept partial returns.
We do not ship internationally or to APO/FPO/DPO addresses at this time.
The risk of loss and title for items purchased by you pass to you upon KIDBOX’s delivery of the items to the carrier.
We may refuse to ship any boxes if we feel they are at risk for fraud or unauthorized use. Each order is passed through an account verification process. Any order placed where the billing information does not match the shipping information, or the billing information does not match the billing information the bank has on file for that specific card, is at the discretion of being shipped by our Fraud Prevention team. If multiple KIDBOX accounts are discovered that contain duplicate account, address, or credit card information, we may refuse to ship.
You may return an entire box until 30 days after the box is marked as delivered. To return your box, simply go to kidbox.com/myaccount and fill out your online return form. You will be provided with a prepaid UPS label. You can place the items in the included return envelope and place the UPS return label on the envelope and drop it off at the indicated shipping location. Please note returns must be unworn, unwashed, with tags on (if applicable), and in re-sellable condition. If you return any item(s) to the incorrect carrier, KIDBOX is not responsible for any lost returns, and you hereby authorize KIDBOX to refuse a refund until the items are returned back to our warehouse.
If we receive a return that differs from what was marked in your account, KIDBOX reserves the right to charge, refund, or credit your account to reflect the actual return received as claimed by our fulfillment center.
Returns requested after the thirty day try-on period will require approval and may be refused, or permitted at KIDBOX’s sole discretion. Returns received in damaged or used condition will not be refunded.
We want your KIDBOX clothing to fit! If you are purchasing a whole box, you may exchange any or all the items for a smaller or larger size by contacting our Customer Service team at firstname.lastname@example.org. The style will be selected by KIDBOX. You may only perform one size exchange per garment and exchanges are final. You cannot not return an exchange for a refund or another exchange. Any exceptions are made at the discretion of our Customer Service team.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, KIDBOX shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. KIDBOX shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KIDBOX shall immediately issue a credit to your credit card account in the amount of the charge.
BILLING AND PAYMENTS
You are not able to place and order with a pre-loadable credit or debit card, you can contact our Customer Service team and they may be able to add the pre-loaded card to your account if it is accepted by our payment processor. However, we cannot guarantee that we will be able to do this for you.
For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
You must provide current, complete and accurate billing information for your account. You must promptly update all billing information to keep your account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on your account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your non-termination or continued use of the Services reaffirms that we are authorized to charge your Payment Method for that Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Services.
You cannot use any promotion codes, gift card or any referral credits on a Walmart KIDBOX stylebox.
IMPORTANT NOTICE TO CONSUMERS:
AUTO-RENEWALS AND RECURRING BILLING
The Services may consist of recurring periodic charges as agreed to by you when you sign up for our products. By signing up for the Services, you acknowledge that the Services have a recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Service. All recurring payments relating to the Services are fully earned upon payment.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SERVICES, GO TO YOUR ACCOUNT OR CONTACT US AT email@example.com.
Unless you skip a shipment, which can be done through your account settings, shipments will be automatically sent for each season, at the then-current non-promotional rate, and the payment method on file will be charged in the amount of $48(plus applicable tax). To change your upcoming shipment(s), go to your account settings. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING SEASONAL BASIS, YOU MUST CANCEL THE APPLICABLE SHIPMENT THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR ACCOUNT BEFORE YOUR NEXT SEAOSNAL SHIPMENT IS GENERATED.
You may be charged local sales tax, if applicable. The tax will be calculated at the time of purchase, either after the seven-day trial has ended, or once you log into your KIDBOX account and confirm the items you are keeping. KIDBOX is required to charge sales tax depending on the tax laws in the state in which the box was shipped. If laws in specific states are updated or subject to change, KIDBOX does not need to notify you that tax that you may or may not have been charged previously may change for future shipments.
If the box is marked as delivered by the carrier and you are unable to locate it, it is your responsibility to notify our Customer Service team within 48 hours. Any refunds will be at the discretion of KIDBOX.
Replacement of products and refunds to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification, or a police report. We will adjust your account at our discretion. Repeated or falsified claims of undelivered merchandise may result in the cancellation of your membership. It is up to the discretion of KIDBOX to re-ship a box that is claimed as not received.
In the event that a product received in your KIDBOX is found online and/or by another retailer at a lower price point, KIDBOX is not obligated to match any such pricing.
KIDBOX #UNPACKHAPPY MONTHLY GIVEAWAY TERMS AND CONDITIONS FOR FACEBOOK AND INSTAGRAM
1. NO PURCHASE NECESSARY TO ENTER TO WIN. To enter the Kidbox #UnpackHappy Monthly Giveaway through Facebook, go to the most recent monthly giveaway post at https://www.facebook.com/KidboxFamily between the first of each month at 12:00 AM EST until the last day of the month at 11:55 PM EST (the ”Entry Period”), leave a comment with the correct hashtags, and share the post.
To enter the giveaway through Instagram, go to https://www.instagram.com during the Entry Period, follow Kidbox at https://www.instagram.com/kidbox, like and share the giveaway post and then post a picture with the correct hashtags listed in current month’s giveaway post.
2. By entering this giveaway, you acknowledge that this information is being submitted to Kidbox and not to Facebook or Instagram. You acknowledge that you give Kidbox the right to publish your photo in promotional materials and repost it across social media channels. Kidbox is not responsible for any comments or responses the photo receives on social media.
3. Giveaway open to legal residents of the 50 United States and Washington DC (excluding residents of Rhode Island) age 18 or older, except employees of Kidbox, its affiliates, and their respective advertising, promotion, and fulfillment agencies, and the immediate families of each. Any person attempting to defraud or in any way tamper with this giveaway will be ineligible for prizes. Giveaway is subject to all applicable laws and regulations. Giveaway is void in Rhode Island where prohibited or restricted by law.
4. One (1) winner will be selected by random drawing approximately on or around the second week of the month after the giveaway. Each winner will be notified via Facebook or Instagram. If the potential winner cannot be contacted, refuses the prize, and/or the prize is returned as undeliverable, such potential winner forfeits all rights to win the promotion or receive the prize, and an alternative winner may be selected. The number of eligible entries received determines the odds of winning.
The selected winner will receive a one-year of Kidbox boxes for one (1) child consisting of five (5) seasonal boxes which the winner must fully redeem within eighteen (18) months of winning. (Approximate suggested retail value: $1,050/Kidbox value: $500.) Winners must create a Kidbox account in order to redeem the prize. The boxes cannot be transferred for value, redeemed for cash, or applied to any other account. The giveaway Sponsor is not responsible if the giveaway prize is lost, stolen, or destroyed.
5. The giveaway Sponsor reserves the right to cancel or amend the monthly giveaway and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the giveaway will be notified to entrants as soon as possible by the giveaway Sponsor. The giveaway Sponsor will provide the winner with instructions on how to collect the prize.
6. Please note that the giveaway Sponsor may be running similar giveaways at the same time as this one. By entering this monthly giveaway, you will not be eligible to receive any prize awarded in any other giveaway unless you enter each giveaway separately.
7. The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: 3 Park Avenue, FL 32, New York, NY 10016.
8. By entering the giveaway, entrants consent to being placed on a mailing list for promotional and other materials from Kidbox. Entrants may update or change their email preferences by emailing firstname.lastname@example.org.
9. By entering this giveaway, an entrant is indicating his/her agreement to be bound by these terms and conditions.
10. The giveaway Sponsor is Kidbox.com, Inc., which has a registered office at 3 Park Avenue, FL 32, New York, NY 10016.
This giveaway is in no way sponsored, endorsed or administered by Facebook or Instagram.
RIGHT TO CANCEL OR SUSPEND ACCOUNTS
KIDBOX reserves the right to cancel or suspend an existing account or new user registration at its sole discretion as necessary to protect the operations, security, and integrity of the Site and Services. An account cancellation or suspension may include, but is not limited to, suspending product shipments, blocking account creation, and deleting user data.
This Site may be accessed from countries other than the United States. However, we do not ship outside of the United States or accept international credit cards. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
We will do everything to make your membership as satisfying as possible. However, you are free to cancel or deactivate your membership any time by going to kidbox.com/myaccount and disabling your account in the settings section. You can also contact our Customer Service team at email@example.com.
If an account is disabled after a seasonal box has already been generated, you must contact Customer Service in order to cancel the pending shipment. If the box has already been sent to our fulfillment center for shipment, we are unable to cancel the shipment; however you can return the box for a full refund, by following the steps in the “Returns” section above.
We may terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to other individuals or our business interests, or for an inactive account.
You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Site or on other platforms even after your User Content is removed or your account is terminated.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
WARRANTY DISCLAIMER AND RELEASE
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content. You release us and our officers, directors and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration Agreement. Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Kidbox and limits the manner in which you can seek relief from us. Both you and Kidbox acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Service, Kidbox’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
Initial Dispute Resolution. Kidbox staff is available by email to address any concerns you may have regarding your use of the Site and or submission of User Content. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see the Contact section below for more information on how to reach out to Kidbox.
Terms of Service and Binding Arbitration Agreement. If the parties do not reach an agreed upon resolution within a period of thirty (30) days from the time informal dispute resolution is commenced pursuant to the Initial Dispute Resolution section above, then either party may initiate binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive, and disclaim the application of any state arbitration act.
The JAMS rules will govern payment of all arbitration fees. Kidbox will pay all arbitration fees for claims less than $75,000. Kidbox will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Small Claims Court. Furthermore, either you or Kidbox may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work.
Waiver of Jury Trial. YOU AND KIDBOX WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Kidbox are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Kidbox over whether to vacate or enforce an arbitration award, YOU AND KIDBOX WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the “Exclusive Venue” section below.
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 3 Park Avenue, FL 32, New York NY 10016, postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
Exclusive Venue. If you send the opt-out notice pursuant to the “Opt-out” section above, and/or in any circumstances where the foregoing arbitration agreement permits either you or Kidbox to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party and both you and Kidbox agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Kidbox may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Service shall otherwise remain in full force and effect and enforceable. You and Kidbox agree that these Terms of Service are the complete and exclusive statement of the mutual understanding between you and Kidbox, and that these Terms of Service supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Kidbox, and you do not have any authority of any kind to bind Kidbox in any respect whatsoever.
GOVERNING LAW AND JURISDICTION
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the laws of the United States of America. Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Service and neither you nor Kidbox has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of the words “including”, “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.
3 Park Avenue, FL 32
New York NY 10016
Last Updated: April 10, 2019