KIDZART PRODUCTS TERMS OF USE

These Terms of Use define your rights and obligations as a user of the KidzArt Products website (www.kidzartproducts.com). We are not KidzArt, LLC. We are KidzArt Products LLC. A separate company that operates the KidzArt Products website. 


We offer products and services through this website to everyone. We are the exclusive provider to KidzArt/Art Innovator's franchisees, customers and clients (collectively, "KidzArt/Art Innovator Businesses"). KidzArt/Art Innovator franchisees are independent businesses that provide art instruction and products to children and adults ("KidzArt/Art Innovator students").


By accessing the KidzArt Products website, you agree to be legally bound by these Terms of Use as modified by us from time to time. 


Purpose of the KidzArt Products website

The KidzArt Products website enables KidzArt/Art Innovators student and family members to view the student's artwork that is displayed on the website. It also enables us, KidzArt/Art Innovator franchisees and their customers (e.g., schools, preschools, daycare centers, church groups, children's camps and youth organizations) to view the artwork of their students. 


We offer for sale on our website various items imprinted with the student's artwork. Users select a piece of the student's artwork and then designate the item they would like to purchase with the selected artwork imprinted on it. Users purchase these items online using a credit card. The products are then shipped to the address the individual chooses in the US and Canada.


What artwork is displayed on the website?

KidzArt/Art Innovator franchisees, teachers and parents select one or more pieces of each student's artwork for posting to that student's private gallery on the KidzArt Products website. KidzArt/Art Innovator students and their family members who have access may upload additional artwork or photos for display in the student's online gallery. Parents can create art galleries on our website for their other children or themselves. 


Any parent or teacher may decide not to post the artwork of any student. If a parent does not want the artwork of his or her child to be displayed online, or if the parent wants to remove his or her child's online gallery, the parent may do so at any time by using the edit button on the parent admin page or by contacting us at support@kidzartproducts.com


How do we keep track of student artwork?

KidzArt/Art Innovator franchisees and teachers submit to our website each student's first and last name in a private, secured teacher roster. Our website creates a screen name and ID number for each child and attaches it to each piece of art that is uploaded to the website. We organize the artwork by class with each child's screen name underneath it. 


Who has access to the artwork?

We display the artwork of each student in a private gallery on the KidzArt Products website.  Besides KidzArt, the student and or parent have access. A student's school or school  teacher may have access if this was set up through a fundraiser. Others may have access to view the private gallery if the family gives them the ID number or the login and password.. Anyone with access to a gallery can purchase products on which the artwork is imprinted. KidzArt/Art Innovator franchisees keep all the screen names and ID numbers of their students. Franchisees can give any parent the ID number of his or her child. The student or a family member may create a login and password to manage their gallery. Your email address is then linked to that student. 


How long do we keep the artwork?

While we generally keep the digital images of the artwork online until the student graduates from elementary school, we have the right to remove the artwork from our website at any time.. We have no obligation to notify students, parents or anyone else of such removal. Once removed, we may destroy the digital images of the artwork at our discretion.


Unacceptable use

No one other than the artwork owner, parents or guardians, teachers and KidzArt/Art Innovator franchisees, or KidzArt Products may upload artwork or photos to the website. All uploaded artwork must be associated with the actual student who created the artwork.  No offensive material or images may be uploaded. No material may be uploaded that infringes the rights of any person or entity. Family photos may be uploaded. Once material is uploaded, it will take up to 24 hrs for us to review and release material for viewing in a gallery. Nothing is uploaded into a gallery without a review. If offensive material or images are submitted to us and we feel it violates or endangers the student, we will turn the content over to protective services or the police as we see fit. 


Returns, refunds and replacements

If a product is broken or damaged when you receive it, or if we imprinted the wrong piece of artwork on the product, you must submit your return or replacement request to us within 10 days after you receive the product. Otherwise, you must notify us of your desire to return the product within 30 days of shipment for a full refund. support@kidzartproducts.com


You must notify us and not a KidzArt/Art Innovator franchisee. Include the following information with your notice: your name, phone number and mailing address, the screen name and ID number of the child, and the reason for the return. We will issue to you a return order confirmation number. You must return the damaged item to us if we desire. You must not return the product to a KidzArt franchisee.


Your indemnity

You agree to defend, indemnify and hold KidzArt LLC, KidzArt Products LLC and their affiliates and respective officers, directors, employees, shareholders and assigns harmless from any claim, demand, liability, loss, damage, cost and expense (including reasonable attorneys' fees) arising from or relating to: (i) your use of and access to the KidzArt Products website; (ii) your breach of any these Terms of Use; (iii) any infringement or alleged infringement of any copyrights, trade secrets, trademarks, right of privacy, right of publicity or other intellectual or other property rights of any person or entity; or (iv) your violation of any law. We reserve the right, at your expense, to assume the exclusive defense and control of any dispute subject to indemnification by you, and in such case, you agree to cooperate with us in our defense of such claim. You will not settle any such matter without our prior written consent.


Disclaimers

We will not be liable for the consequences of the acts or uploads of any user.


No warranties

To the maximum extent permitted by applicable law, we disclaim all warranties with regard to the items you purchase, either express, implied or otherwise, including, but not limited to, implied warranties of merchantability, noninfringement or fitness for a particular purpose. We do not warrant that access to or use of the KidzArt Products website will be uninterrupted, error-free or completely secure.


Limitation of liability

To the maximum extent permitted by applicable law, in no event will we be liable for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of your use of or access to the KidzArt Products website or your purchase of any item through the website, even if we have been advised of or should have known of the possibility of such damages.


Modifications

We reserve the right to modify these Terms of Use at any time by posting revised terms on this website. Your continued use of the KidzArt Products website will be governed by the Terms of Use in force at the time of your use.


Governing law

This Agreement is governed by the laws of the state of Michigan, USA.


Jurisdiction

You agree that the KidzArt Products website will be deemed a passive website that does not give rise to personal jurisdiction over us in jurisdictions other than Michigan.


How to contact us

We welcome your questions or comments regarding this Privacy Policy. Contact us at support@kidzartproducts.com.

Last updated April 17, 2012