Terms of Service

Last Updated: April 3, 2020

This document ("Terms") constitutes a binding agreement between you and KidsArt, Inc. (also referred to as "we", "us", "our") in exchange for allowing you the use of kidsartinc.com, its affiliated websites, and online and offline services (herein collectively referred to as "Services"). Your use or continued use constitutes your acceptance of these Terms which govern your use of our Services.

If you are entering into this agreement on behalf of an organization, company or other entity, you warrant that you are a duly authorized representative of such organization, company or entity, able to enter into this agreement on its behalf, and that you and consequently your organization, company or entity understand and agree to the terms.

You must be at least 18 years old to use our Services. Our site and the Services are intended to provide information to and collect information from and about individuals who represent schools, companies and other organizations interested in fundraising with KidsArt, Inc. and to provide information to and collect information from and about the parents of children who participate in KidsArt, Inc.'s fundraising program.

These Terms are subject to change, alteration, or cancellation in whole or in part from time to time, without notice, so you should visit this page on an ongoing basis to check for changes. Your use of the Services is governed by the Terms in effect at the time of your use.

By using the Services, you agree to the terms set forth in this agreement. Additionally, by agreeing to these Terms, you also agree to our Privacy Policy, located at kidsartinc.com/privacy. All terms and provisions of the Privacy Policy apply to all of our Services. If you do not agree to the Terms and Privacy Policy, stop using our Services immediately. The section headings provided in this agreement are for informational purposes only.

KidsArt, Inc. reserves the right to immediately terminate your use of the Services for any reason whatsoever and at any time, without notice, whether or not you are in compliance with these Terms.

Collected Information

In the course of using our Services, we may collect information from or about you as outlined in our Privacy Policy. You warrant that you possess necessary ownership of and/or the rights in, to and over any information you submit to us to grant us the permissions and license outlined in the Privacy Policy.

Requests

KidsArt, Inc. reserves the right to not fulfill any request you make through our Services.

KidsArt, Inc.'s Content

KidsArt, Inc. retains exclusive ownership of and rights in, to and over all of its content, materials, trademarks, logos and intellectual property.

Products

With respect to any services or products you request or purchase from us, KidsArt, Inc. reserves the right to decline to produce, fulfill, provide or sell you its services or products for any reason at any time. In particular, KidsArt, Inc. reserves the right, based solely upon its own standards, to decline to print any material it considers offensive.

Errors & Ommissions

KidsArt, Inc. makes reasonable efforts to ensure the accuracy of information it posts on its Services. From time to time, however, errors or ommissions may occur and you agree that KidsArt, Inc. may correct any errors or ommissions as it sees fit and you hereby release KidsArt, Inc. from any liability for any such errors or ommissions which may occur.

Suggestions & Improvements

Our customers' thoughts, suggestions and ideas about how we can improve or modify our Services, products, product-related services and programs are important to us. However, in order to provide KidsArt, Inc. with the freedom to implement any thoughts, suggestions or ideas you give us, you acknowledge that any idea you submit regarding our website(s), product(s), service(s), program(s) or the Services will solely become the intellectual property of KidsArt, Inc. and you will retain no rights or ownership in the idea.

Uptime

KidsArt, Inc. attempts to maintain reasonable uptime of the Services, but cannot be held responsible for disruption or outages of its Services or the services of the third parties it contracts with who are necessary to the operation of the Services.

Entire Agreement

The Terms constitute the entire agreement between you and KidsArt, Inc. regarding the Services. Any exception to the conditions of this agreement which KidsArt, Inc. makes for you must be made in writing by an authorized representative of KidsArt, Inc. and is subject to any restrictions or conditions imposed by KidsArt, Inc. Exceptions may be communicated by KidsArt, Inc. to you in writing electronically. Failure of KidsArt, Inc. to enforce any provision of the Terms shall not constitute a waiver of that provision.

KidsArt, Inc. may offer specific websites or services under different or separate terms of service, privacy policies, and/or agreements, in which cases those different or separate terms of service, privacy policies, and/or agreements will apply to those specific websites or services.

Transfer

KidsArt, Inc. may transfer or assign this agreement without your consent. You may not impose any restrictions or conditions upon such transfer or assignment.

Indemnity

By using our Services you agree to indemnify, defend and hold harmless us, our affiliates, distributors, licensors, advertisers, sponsors and our and their directors, officers, members, managers, employees, consultants, agents and other related parties, from and against any and all claims, damages, losses, expenses (including reasonable attorneys fees and costs) and other costs that result specifically from your violation of these Terms of Service, or arise generally from your use of our Services.

No Warranties

KidsArt, Inc. makes no warranty of any kind or description, whether express or implied, of our Services.  This disclaimer of warranty specifically includes any warranty that the computers and servers by which our Services are made available are free of viruses or other harmful components.  Recovery for any incidental or consequential damages is specifically excluded to the maximum extent permitted by applicable law.

Jurisdiction and Governing Law

This agreement is governed by the laws of New Jersey, without regard to the principles of conflicts of law.  The exclusive jurisdiction for any dispute arising from use of our Services shall be the State of New Jersey and specifically the state courts located in Morris County, or for Federal courts, the United States District Court located in Newark, New Jersey.

Severability

If any provision of these Terms or the application thereof to any person, place or circumstance, is held by a court of competent jurisdiction to be invalid or otherwise unenforceable in whole or in part, such provision shall still be enforceable to the extent possible and the remainder of this agreement shall remain fully valid and enforceable.

For questions or concerns regarding the Terms of Service or Privacy Policy, you may contact us by email at sales@kidsartinc.com, by telephone at (800) 603-7460, or by mail at KidsArt, Inc. • PO Box 654 • Madison, NJ 07940.