These Terms of Service govern your use of the www.2kidspublishing.com website (“Site”). The Site is provided to you by 2 Kids Publishing (“we” or “us”). Unless explicitly stated otherwise, any new platforms, features or functionality made available to the public by 2 Kids Publishing shall be subject to these Terms of Service. These Terms of Service constitute a binding legal contract between you and us. By using the Site, you accept its terms.
We reserve the right to deny access to this Site, or any functionality provided via this Site, to anyone who violates these Terms of Service or who, in our judgment, interferes with the ability of others to enjoy this Site, or infringes the rights of others.
Intellectual property rights/copyright/trademarks
In its entirety, the content on this Site is solely our property and is protected by copyright, trademark and other intellectual property laws. You may use the Site and purchase our products provided you understand and respect all copyright and other proprietary notices. You may not download, republish, retransmit or reproduce any of the materials (including any video or still photographs) without the prior written consent of 2 Kids Publishing (email@example.com). You may not distribute copies of materials found on this Site in any form (including by email, photocopying or other electronic means) without prior written permission from 2 Kids Publishing. All characters portrayed on this site are solely owned, and their rights reserved, for any and all purposes, by us, and permission for any use of these characters, either singularly or together, must be obtained from us as noted herein.
The 2 Kids Publishing trademark, service marks, product and service names, and other corporate indicia (the “2 Kids Publishing marks”) are the property of 2 Kids Publishing. You agree not to display or use in any manner any of 2 Kids Publishing Marks without our prior permission.
You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us.
You may not, without our prior written consent, frame any of the content of the Site, or incorporate into another website or service any material, content or intellectual property belonging to us.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site to purchase services or products for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
To use certain features of the Site, either now or in the future, you may need a user ID and password, which you will create through the Site’s registration process. You are responsible for maintaining the confidentiality of that password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other security breach, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Modifications to the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site.
No Warranties. YOUR — USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT: 1) THE SITE WILL MEET YOUR REQUIREMENTS; 2) THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR 3) ANY ERRORS IN THE SITE WILL BE CORRECTED.
Indemnity. You agree to indemnify and hold us, 2 Kids Publishing and all directors, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of our Terms of Service, or your violation of any rights of another.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
These Terms of Service have been made in and shall be construed in accordance with the laws of California, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within California in all disputes arising out of or relating to this agreement or this Site. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Please report any violations of these Terms of Service to firstname.lastname@example.org.
The Internet is always changing. If there is a need to alter these Terms of Service at any point in the future, we’ll post the modified Terms on this Site and update the Effective Date of the Terms to show the date of the modifications. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified and posted.