EFFECTIVE DATE: March 14, 2008
Terms of Use
Please read these Terms of Use carefully before using the Kidwick.com website (the “Site”). By using the Site you agree to the Terms of Use. We may, from time to time, update these Terms of Use so please check the Effective Date each time you use the Site. These Terms of Use are applicable only to the Site and messages sent to us by e-mail or through links and forms on the Site.
Copyright and Trademarks
The content on the Site, including but not limited to all site design, images graphics, files, products, or other material (collectively, “Content”), belongs to Kidwick Books, LLC (“Kidwick”) or its content providers. The Content is protected by copyrights and trademarks. All Kidwick books, characters, audiovisual works, and web pages, data, text, software, music, sound, photographs, video, graphics, and web sound recordings are fully protected by copyright and all rights are strictly reserved. “Kidwick” is a registered trademark of Kidwick Books, LLC. The trademarks of Kidwick Books, LLC may not be used in connection with any product or service that does not belong to Kidwick Books, LLC in any manner that is likely to cause confusion for customers or in any manner that disparages or discredits Kidwick Books, LLC. All trademarks, service marks, and/or trade names that appear on this Site that are not Kidwick marks are the trademarks of their owners.
Use of Materials
You may not copy, reproduce, republish, distribute, post, broadcast, transmit, publicly perform or display, store, sell, create derivative works from, or modify the Content without the prior written consent of Kidwick. Materials available in the “Press Room” section of the Site are available to members of the media for purposes of reviewing Kidwick Books publications. Members of the media wishing to use the Press Room materials for other purposes may do so only with prior written consent. Any lesson plans that appear on the Site may be downloaded by teachers and parents for classroom and/or non-profit educational use only. Downloading and modification of materials by educators and parents is approved if used solely for educational, non-commercial purposes.
Permission Requests
Requests for permission to use content from Kidwick may be submitted in writing by e-mail, facsimile, or postal mail at one of the following addresses:
Kidwick Books, LLC
363 S. Saltair Avenue
Los Angeles, CA 90049
Phone: 1-866-KIDWICK (543-9425)
Fax: 310-861-8111
Requests should be sent to the attention of Permission Requests. E-mail requests should mark the subject as Permission Request. Permission requests may also be sent through the Site by clicking “Contact Us” and then “Permissions.”
User Conduct
You agree to abide by all applicable laws, regulations, and these Terms or other conditions or notices from Kidwick. You further agree to take no action that would compromise the integrity or security of the Site such as accessing unauthorized data, transmitting viruses or other corrupted data through the Site or otherwise impairing the functionality of the Site.
User Privacy
The privacy policy is incorporated into these Terms of Use. Please click on the following link and read it: Privacy Statement.
Permission for Web Linking
Links to the Kidwick Site must not damage, dilute or tarnish the goodwill associated with any Kidwick intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Kidwick. You may not “frame” the Site. You may not link to the Site from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Kidwick’s sole discretion. Kidwick reserves the right, in its sole discretion, to terminate any link from any web site.
Third-Party Web Sites and Transactions
The Site contains links to third-party web sites for purchase of our books and for your interest and convenience only. You access, use, and interact with those web sites, resources, and sponsors solely at your own risk. Kidwick does not endorse, has no control over, and shall not be responsible or liable, directly or indirectly, for the information, materials, products or services contained on or accessible through those third-party sites, resources, and sponsors. If you have any questions about using third-party web sites, please read their terms of use and privacy statements.
Exclusion of Warranties and Limitation of Liability
Kidwick does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this Site and you acknowledge that any reliance thereupon is at your sole risk. Any ideas or opinions submitted or posted by third parties do not necessarily reflect the opinion of Kidwick and Kidwick is not responsible for them.
You use this site at your own risk. The Site, including all content, software, functions, materials, and information made available thereon or accessed through the Site is provided “as is.” Kidwick and its partners and affiliates make no representations or warranties of any kind whatsoever for: (1) the content contained in the Site; (2) the materials, information, or functions made accessible by the software used on or accessed through the Site; (3) any products or services of or links to third parties; or (4) any breach of security associated with the transmission of sensitive information through the Site or any linked sites. Kidwick AND ITS PARTNERS AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW. Kidwick does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted, error free or completely secure, that defects will be corrected, or that the Site or the server on which it operates is free of viruses or other harmful components. You (and not Kidwick) assume the entire cost of all necessary servicing, repair, or correction.
To the extent permitted by law, Kidwick disclaims liability for any loss or damage, including, without limitation, indirect, special, or consequential loss or damage arising from the Site, whether or not caused by a negligent act or omission.
Indemnity
You hereby agree to indemnify, defend, and hold Kidwick and all of its members, affiliates, officers, directors, owners, agents, employees, information providers, partners, licensors, and licensees (collectively, Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties, including, without limitation, attorneys’ fees and costs, in connection with any claim arising out of or relating to (1) your violation of this Agreement or any law; (2) your use of any content on the Site; or (3) any material uploaded by you or through your computer to the Site or otherwise sent by you to Kidwick. You shall cooperate fully, as reasonably required, in the defense of any claim. Kidwick reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent of Kidwick.
Applicable Law
The Site is controlled and operated by Kidwick in the United States of America. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.
Any proceeding relating to these Terms of Use or their subject matter shall be maintained in a Federal or State court situated in the County of Los Angeles, State of California and the parties agree in any such proceeding to make no objection based on lack of personal jurisdiction, improper venue, or inconvenient forum.
Entire Agreement
This Terms of Use is the entire agreement between you and Kidwick with respect to the subject matter hereof.