Effective Date: February 1, 2022.

TERMS OF USE

These Kidizen Terms of Use (the “Terms”) govern the use of the www.kidizen.com website (the “Site”) and the Kidizen mobile application (whether on iOS, Android or another platform, the “App”), both of which are owned and operated by Kidizen, Inc., a Delaware corporation (together with its successors, assigns, and licensors, “Kidizen”, “we”, “us” or “our”). The Site and the App, together with any of our related sites, services, tools or applications, are collectively referred to herein as the “Services.

Kidizen operates certain websites and mobile applications under contract with third parties, such as participants in Kidizen’s Rewear™ Program and related initiatives. These Terms shall also govern all use of such websites and applications, and the term “Kidizen” includes all third parties participating under contract with Kidizen, and the term “Services” includes all websites and mobile applications owned and operated by Kidizen and such third parties pursuant to such contracts. Use of Kidizen Apps may be subject to the acceptance of additional terms of use upon installation (the “Additional Agreements”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. By using the Services in any manner, whether you create an account with us as described below or use the Services as a guest, you (the “user”, “you” or “your”) agree to these Terms, including any additional terms and conditions and policies referenced herein or available by hyperlink. If you do not agree to the Terms, you are not allowed to use the Services. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms. Please check these Terms and any such additional terms and conditions or policies referenced herein periodically for changes. Your continued use of the Services following the posting of changes to the Terms or any such additional terms and conditions or policies referenced herein will mean you accept those changes.

The Services is offered and available to users who are 13 years of age or older, or of legal age to contract, whichever is older. Users must also reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Kidizen and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. If you are under 13, you may not submit or post any information or material on the Services or otherwise provide such information to Kidizen, including but not limited to personally identifiable information. Users of the Services have the option of submitting information about their children. Please refer to our privacy policy, which is available for review at http://www.kidizen.com/privacy/, for more information about your options and how we use this information (the “Privacy Policy”). Kidizen will not intentionally collect any personal information from children under age 13.

1. HOW KIDIZEN WORKS

The Services are a mobile and online platform that allows users to (i) list children’s apparel and other items for sale by posting photos and other content relating to such items, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on children’s fashion and (iv) and engage in other activity relating to the foregoing. Any user that buys one or more items through the Services is referred to herein as a “buyer”, and any user that lists one or more items for sale on the Services is referred to herein as a “seller”. A user may be both a buyer and a seller. Users may also include Kidizen licensors, scouts and third parties under contract participating in Kidizen programs. Please see the FAQs posted on the Kidizen Site for more information on buying and selling apparel and other items.

Kidizen started its Rewear® Program to enable clothing brands to offer their customers incentives to resell their quality clothing via the Kidizen Services, thereby extending the life of the clothing and protecting the environment. Clothing brands participating in the Rewear Program may offer financial incentives such as loyalty points, coupons, discounts or other promotional benefits to users for buying or selling their branded items via the Services. See the FAQ posted on the Kidizen Site for the details of the current financial incentives offered by the Rewear Program participants.

2. REWEAR PROGRAM; TRADE-IN EVENTS

Kidizen started its Rewear® Program to enable clothing brands to offer their customers incentives to resell their quality clothing via the Kidizen Services, thereby extending the life of the clothing and protecting the environment. Clothing brands participating in the Rewear Program may offer financial incentives such as loyalty points, coupons, discounts or other promotional benefits to users for buying or selling their branded items via the Services. See the FAQ posted on the Kidizen Site for the details of the current financial incentives offered by the Rewear Program participants.

Kidizen’s Rewear Program participants also conduct special trade-in events periodically. During a trade-in event, users can receive financial incentives such as coupons or discounts toward the purchase of new apparel and other items from the clothing brands in exchange for trading their used apparel for re-sale via the Kidizen Services. See the FAQ posted on the Kidizen Site for more information on current trade-in events.

3. POSTING CONTENT AND RELIANCE ON POSTED CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to Kidizen or the Services, are collectively referred to herein as “Content.” The Services may contain message or comment pages, email functionality, weblogs, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) Content on or through the Services.

The submitting user retains ownership of Content submitted by such user. All user contributions must comply with the Content standards set out in these Terms. You represent and warrant that: (a) you own or control all rights in and to your Content and have the right to grant the license granted us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the licenses granted herein; and (b) all of your Content does and will comply with these Terms.

You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not Kidizen, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other user of the Services.

Notwithstanding the user’s ownership of the Content, the submitting user grants Kidizen a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable license to use, reproduce, modify, publish, translate, distribute, and display such Content (in whole or part) on the Services and for any other reasonable purpose. Without limiting the foregoing, such license shall extend to the use of any submitting user’s Content in marketing emails, share pages or other advertising materials that we may develop or distribute from time to time.

Kidizen has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. Kidizen shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or to be illegal or otherwise inappropriate for the Services. Kidizen, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Kidizen, users of the Services or the public.

Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use information contained in any such messages for any of the purposes described above.

We may from time to time invite users of Facebook, Instagram or other social network sites to associate photos or other content posted to such sites with customized hashtags that we suggest (such as “#iamkid2022”) for the purpose of identifying photos or other content that may be relevant to users of the Services or for our promotional activities. By associating photos or other content with any such hashtag, you agree that such photos and other content will be deemed Content hereunder and subject to these Terms.

All information presented on or through the Services including the Content is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

These Services may include Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kidizen and its licensors, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kidizen and its licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

4.  PROHIBITED USES AND CONTENT STANDARDS

In order to maximize the user experience in using the Services, and avoid, eliminate or minimize some of the disruptive, disrespectful and nonproductive activity you often encounter at other websites and blogs, you agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To upload or distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law.
  • In any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Kidizen, together with its successors and assigns licensors and third parties under contract participating in Kidizen programs, a Kidizen employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Kidizen or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

5.  OUR LICENSE TO YOU

The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of Kidizen, its users or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Kidizen hereby grants you a limited, nonexclusive, non-transferable personal license to use the Services only for (i) personal or informational purposes and (ii) for the limited commercial purpose of buying and selling items posted to the Services in accordance with these Terms. The term of such license is limited to the period that you maintain a valid user account and otherwise comply with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by Kidizen in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Services or “frame” or “mirror” the Services on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Kidizen and/or its licensors.

6.  USER ACCOUNTS AND ACCESS TO SERVICES

To use certain features of the Services or participate in certain activities sponsored by Kidizen, you will be required to create an account with us. Each user that creates such an account must: (1) personally provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. You are responsible for both: (a) making all arrangements necessary for you to have access to the Services via the internet; and (b) ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.

You agree that all information you provide to register and use the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may also create an account with us by connecting the Services with a third-party social networking service (such as Facebook) and giving us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service.

A user may receive passwords and account designations upon creating an account and is wholly responsible for maintaining the confidentiality of such passwords or designations. You must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your passwords and account designations. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

If, after investigation, Kidizen has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Kidizen may suspend or terminate any and all current or future use of the Services by that user. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms

We reserve the right to amend or change the Services, and any service or material we provide via the Services, in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including registered users.

7.  LISTING AND SELLING

By listing an item on the Services, you represent and warrant that you and all aspects of the item comply with these Terms. You also represent and warrant that you may legally sell the item. You must accurately describe your item and all terms of your offer on the Services. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category.

You may not do any of the following in using the Services at any time: (i) use another user’s account without permission, (ii) alter an item’s price after it has sold, (iii) make or attempt to make direct arrangements with a buyer or a seller to use a payment method other than the approved payment methods available through the Services, or (iv) take any action which is deliberately designed to circumvent, reduce or manipulate Kidizen transaction fees. Your failure to comply with any of the foregoing constitutes grounds for our immediate termination of your ability to use the Services.

8.  FEES AND TAXES

Creating a user account with Kidizen and listing items for sale through the Services is free.

Sellers may list items on the Services with the shipping included in  the price, or with shipping listed separately in addition to the item price. (the “Listing Price”) The Services also permit sellers to offer discounts on individual-item or multiple-item orders from a single buyer and, in such cases, the Listing Price of an item as used herein means the price displayed for such item after giving effect to such discount.

An “Order” refers an item or group of items purchased by a single buyer from a single seller in the single “Cart” checkout on the Services. When an Order is placed, we charge the seller of the Order a transaction fee equal to 12% of the aggregate Listing Price of all the items in the Order, plus $.50 per Order. The amount the seller makes for Order (the “Seller Proceeds”) is thus 88% of the aggregate Listing Price for the items in the Order, minus $.50 per Order. If the seller purchases the shipping label for the Order through Kidizen, 12% of the postage is refunded to the seller so that the fee is not applied to the amount of the sale used for postage.

Unless otherwise stated, all fees are quoted in US Dollars (USD). Our fee policy is subject to change. We will post any permanent changes to our fee policy by updating these Terms. We may also choose to temporarily change the fees for certain services for promotional events; such changes are effective when we post the temporary promotional events on the Services or otherwise provide notice to you. We may waive or reduce our fees for certain users or groups of users in our sole discretion. We may, at our sole discretion, change some or all of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service.

In certain situations, including but not limited to a void or invalid transaction, we may issue a reimbursement of applicable fees to a seller.

Orders are subject to all applicable state, provincial, or local sales and use taxes, and all similar transaction-based taxes (“Taxes”). The amount of Taxes may be based on a number of factors, including but not limited to the type of items purchased, the buyer’s designated delivery address, and/or the location of the seller. Taxes are not included in the list price for items listed by sellers on the Service, but will be displayed to buyers before confirmation of the Order.

Buyers are responsible for paying all Taxes that Kidizen is legally required to collect. Buyers may use certain Kidizen promotions or credits, including Kid Credits or credit in a seller’s account, towards the purchase of items. Depending on the type of promotion or credit used, the amount of Taxes may be reduced. The application of the promotion or credit will be reflected in the Order upon checkout.

Kidizen will collect Taxes from buyers on behalf of sellers where we are legally obligated to do so, including in those states that have enacted legislation requiring marketplaces, like Kidizen, to collect Taxes. In these states, the amount of Taxes collected will be submitted by Kidizen to the appropriate taxing authority on behalf of sellers. In those states where Kidizen does not collect Taxes on behalf of sellers, sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with all applicable state or local tax laws.

9.  SHIPPING

Sellers pay for shipping on Kidizen. As a seller, when listing an item, you should factor the cost of packaging and shipping in setting the Listing Price for the item. Sellers may combine multiple items purchased in a single Order into a single package and may offer discounts to buyers to account for reduced shipping cost associated with such combined packaging. All Orders must be shipped using a trackable shipping method offered by the U.S. Postal Service (“USPS”), United Parcel Service (“UPS”), Federal Express (“FedEx”), or another shipping service recognized by the Services. As a convenience to our users, the Services enable our users  to purchase a shipping label for the Order directly from Kidizen. When an Order is placed by a buyer, the seller must confirm the Order by either (i) purchasing a Sendle shipping label for the Order through the Services or (ii) purchasing trackable postage for the Order outside of Kidizen, from USPS, UPS, FedEx, or another approved shipping service, and entering the shipper’s tracking number in the Order confirmation screen on the Services.

SELLER PROCEEDS RESULTING FROM A SALE WILL NOT BE CREDITED TO THE SELLER’S ACCOUNT (AS DESCRIBED BELOW) UNTIL THE SHIPPING LABEL IS SCANNED OR THE TRACKING SERVICE USED OTHERWISE INDICATES THAT ORDER HAS BEEN SHIPPED.

Kidizen provides a shipping estimator tool in the listing process to help sellers estimate shipping costs. This tool provides an estimate only for use in calculating the Listing Price. The seller’s actual shipping cost will be determined at the time the seller purchases postage after an Order is placed (either by purchasing a label from Kidizen or by purchasing trackable postage outside of Kidizen).

If the seller purchases a Sendle shipping label for an Order from Kidizen, the Services will enable the user to generate the shipping label in electronic form using the shipping weight and other information the seller enters during the listing process. The seller must pack the items included in the Order for shipping, and print and affix the shipping label to the package, using the seller’s own printer, tape, and packing materials. The seller must then ship the package by dropping it off at a USPS Post Office or giving it to a USPS mail carrier. If the shipping weight of the package exceeds the maximum weight allowed by the label purchased by the seller, or the package does not otherwise meet applicable USPS requirements, the buyer may be required to pay additional postage before the USPS will deliver the package or the package may be returned to the sender. Sellers who purchase shipping labels from Kidizen that do not cover the full USPS postage charges will be billed by Kidizen for the additional charges. In addition, if a Seller repeatedly underpays for USPS, Kidizen reserves the right to assess an additional order processing fee of $2.00 or 5% of the total postage amount, whichever is greater. If you are a buyer that has been required to pay additional postage and would like to seek reimbursement from the seller, please contact us at hello@kidizen.com.

The seller of an Order must ship the Order (tracking must show the order as scanned in as shipped) within 7 calendar days of the date of purchase or the buyer can request a refund. If the order doesn’t have any tracking information, the buyer will automatically receive a full refund if the buyer requests it. If the seller has provided tracking information but the tracking shows the package hasn’t shipped, Kidizen will contact the seller to inquire about the order. The buyer will receive a full refund if the tracking status does not update to shipped within 2 business days of Kidizen contact the seller. If you are a seller and unable to ship an item within 7 days of the date of purchase, please contact us at hello@kidizen.com.

10.  KID BUCKS

We hold all Seller Proceeds resulting from Orders placed on the Services in a single deposit account established by Kidizen with a commercial bank for the benefit of our users. We keep individual sub-account records for each Kidizen seller (each a “Kid Bucks Account”). The balance in a user’s Kid Bucks Account is referred to herein as the user’s “Kid Bucks”. When an Order is placed, the anticipated Seller Proceeds relating to such Order will appear in the seller’s Kids Buck Account in “pending” status (“Pending Kid Bucks”). Pending Kid Bucks are not available for withdrawal and may not be used by the seller for any purpose except as the Services may otherwise permit. When the tracking number for a packaged Order indicates that the Order is on its way to the buyer, the Seller Proceeds related to such Order will be released to the seller’s Kid Bucks Account in the form of Kid Bucks that are available for withdrawal (“Redeemable Kid Bucks”). Redeemable Kid Bucks can be cashed out to your PayPal account or bank account or used for future purchases on the Services.

In connection with our friends referral program (discussed below) or other promotional activity, we may from time to time credit a user’s Kid Bucks Account with restricted funds (“Kid Buck Credits”) that may be used for future purchases on the Services (or for other purposes that the Services expressly permit) but may not be cashed out or otherwise used by you for any other purpose. The receipt and/or use of Kid Buck Credits may be subject to expiration dates and such other terms and conditions as we may from time to time establish in our sole discretion with or without notice to you.

If you have a balance in your Kid Bucks Account and your Kid Bucks Account remains inactive for a period of twelve consecutive months, we reserve the right to charge an account maintenance fee in the amount of $3.00 per month (or, if less, the remaining balance in your Kid Bucks Account) starting after the expiration of such twelve-month inactivity period for so long as your Kid Bucks Account remains inactive. We will use our reasonable efforts to provide email notice to you before charging the first such monthly account maintenance fee after any such twelve-month inactivity period. You can avoid account maintenance fees by cashing out applicable Redeemable Kid Bucks as described below, using your Kid Bucks to make purchases on the Services, earning more Kid Bucks through the Services or simply logging in to your Kidizen user account.

11.  CASHING OUT

In order to cash out Redeemable Kid Bucks, you must either link your PayPal account with the Services or provide us with your bank account number and routing number, and in either case you must initiate a withdrawal request through the Services. For these transactions, we will make PayPal transfers or electronic transfers via ACH to your bank account, as applicable, in the amount you specify. Such requests constitute your authorization to us to make the transfers and your representation and warranty that you are authorized to initiate such transfer. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer. We reserve the right to establish a minimum amount of any such transfer. We do not currently but may in the future allow alternative methods of withdrawing Redeemable Kid Bucks from a user’s Kid Bucks Account. We reserve the right to establish a maximum period during which users may maintain a Kid Bucks Account balance and to require a withdrawal of all Redeemable Kid Bucks in such manner as we reasonably deem appropriate at the expiration of such period or upon the happening of such other events as we may deem appropriate, such as the closure of a user’s Kidizen user account. We reserve the right to cancel, suspend or delay cash outs for purposes of fraud detection and prevention. Kid Bucks do not earn interest.

12. RETURNS

Our return policy is available at https://support.kidizen.com/hc/en-us/articles/208214573 and is incorporated herein by reference.

13.  PAYPAL ACCEPTABLE USE POLICY

If you link your PayPal account with the Services, you are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal’s services, and you must adhere to the terms of PayPal’s Acceptable Use Policy, which is available at https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full.

14.  CREDIT CARD TRANSACTIONS

To the extent you as a buyer effect any transaction on the Services using a credit card, you must have a valid credit card on file, and we will (or a third-party credit card processor may) store your credit card information. We (or such third-party credit card processor) will verify your credit card information (including expiration date and billing address) but will not charge your credit card unless you conduct an activity through the Services that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.

15.  FRIEND REFERRAL PROGRAM

We may from time to time offer certain rewards (such as Kid Buck Credits) to existing users that refer new users to the Services using an invite code provided by us to such existing users or a similar method. We may also make similar rewards available to such new users using an invite code or that we otherwise determine have been referred to the Services by an existing user. The amount and requirements to earn such rewards will be determined, and may change, from time to time in our sole discretion and any such program may be terminated by us at any time, in each case with or without notice to you. We also reserve the right to limit the number and/or amount of rewards that may be earned with respect to any existing user with or without notice to you. To be eligible for a reward (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service as determined by us in our sole discretion. Any such referral reward cannot be redeemed or withdrawn for cash or traded for cash or any other good or service, except as the Services may otherwise expressly permit. We reserve the right to set expiration dates on rewards and to void any rewards that we believe in our sole discretion are a result of fraud or other misuse of a referral program or the Services.

16.  MONITORING, ENFORCEMENT AND TERMINATION

Kidizen may terminate or limit a user’s ability to use the Services in Kidizen’s absolute discretion and for any reason.  Kidizen has the right to:

  • Remove or refuse to post any Content for any or no reason in our sole discretion.
  • Take any action with respect to any user Content that we deem necessary or appropriate in our sole discretion, including if we believe that such user Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Kidizen.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.  Kidizen’s termination of any user’s access to the Services may be effected without notice and, on such termination, Kidizen may immediately bar any further access to the Services. In the event a user’s access is terminated, Kidizen reserves the right to delete, or not delete, the user’s Content at Kidizen’s sole discretion.

Kidizen shall not be liable to any user or other third party for any termination of that user’s access to the Services. YOU WAIVE AND HOLD HARMLESS KIDIZEN AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, LICENSORS AND THIRD PARTIES UNDER CONTRACT PARTICIPATING IN KIDIZEN PROGRAMS, LICENSEES,  AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KIDIZEN AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KIDIZEN OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

17.  LINKS AND SOCIAL MEDIA FEATURES

The Services may provide links to other websites and resources maintained by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.  Kidizen exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk and subject to the terms and conditions of use for such websites.

You may link to our pages of the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to fully cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

18.  DISCLAIMER OF WARRANTIES

Kidizen does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of Kidizen’s control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and Kidizen shall have no liability whatsoever for such charges, rates or other fees.

Kidizen cannot and does not guarantee or warrant that your access to and use of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, KIDIZEN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO AND USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND CONTENT OR OTHER ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KIDIZEN ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS.  NEITHER KIDIZEN NOR ANY PERSON ASSOCIATED WITH KIDIZEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KIDIZEN NOR ANYONE ASSOCIATED WITH KIDIZEN REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, KIDIZEN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.  RESPONSIBILITY FOR USE; INDEMNIFICATION; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold Kidizen together with its successors and assigns licensors and third parties under contract participating in Kidizen programs,  and its affiliates, licensors, and service providers, and its and their respective officers, directors, affiliates, employees contractors, licensors, suppliers, successors, assigns and agents harmless from any and all claims, demands, damages, judgments, awards, losses, expenses, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services, Content and products; use of any information obtained from the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.

Kidizen is not party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold Kidizen and its members, governors, officers, directors, employees and agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others.

Should you have a dispute with one or more users, or an outside party, you release Kidizen and its officers, directors, affiliates, employees and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.

If you are a California resident, with respect to the foregoing release you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The Services are only a venue for users to interact with other users to list, discuss, buy and sell items. Kidizen is only providing a service and is not otherwise involved in any transaction between buyers and sellers who use the Services, and Kidizen does not obtain title to any listed or purchased items, nor does it act as a buyer, seller or agent in connection with any such transaction. Kidizen does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content and makes no representation whatsoever with respect to underlying goods posted for sale or sold through the Services. Under no circumstances will Kidizen be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the Services or as a result of any transaction conducted by any user in reliance on such Content. Each user, by using the Services, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of the Services and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Services or any such Content.

FOR ANY TRANSACTION THAT IS INITIATED OR CONDUCTED THROUGH THE SERVICES, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR OTHER REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE RELEVANT ITEM(S). PLEASE USE CAUTION AND COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.

Without limiting the generality of the foregoing, Kidizen advises you that the sale and resale of certain items posted for sale through the Services, such as cribs, car seats and certain toys, may be subject to federal, state or local regulation governing the resale of such items, manufacturers’ recalls or other rules and regulations relating to the protection of children and consumers. Any user who posts any such item to the Services represents and warrants that the posting and any resale of such item is in full compliance with all such rules and regulations and is not subject to any such manufacturer’s recall. Kidizen makes no representation or warranty whatsoever in connection with the sale or resale of any such item and shall have no liability whatsoever in connection with the improper or illegal sale or resale of any such item by any user.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KIDIZEN, TOGETHER WITH ITS SUCCESSORS AND ASSIGNS, LICENSORS AND THIRD PARTIES UNDER CONTRACT PARTICIPATING IN THE KIDIZEN PROGRAMS,  ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, [ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES AND ITS SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES,] INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE AGGREGATE LIABILITY OF KIDIZEN TOGETHER WITH ITS SUCCESSORS AND ASSIGNS, LICENSORS AND THIRD PARTIES UNDER CONTRACT PARTICIPATING IN THE KIDIZEN PROGRAMS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS TO ANY USER FOR CLAIMS RELATING TO THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL RIGHT OR REMEDY, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING BY CUSTOMER OR $1,000.00 WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20.  INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kidizen, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the files and Content contained in or displayed by the Services, except as follows:

  • Your computer may temporarily store copies of such materials in incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your mobile or other electronic device solely for your own use. All such use will be subject to these Terms, and any additional terms you are required to accept upon downloading the applications (the “Additional Terms”).
  • If we provide social media features [LINK TO THE SERVICES AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

21.  TRADEMARK INFORMATION

“Kidizen” is a registered trademark of Kidizen, Inc. All other marks, names, and logos mentioned on the Services are the property of Kidizen or, as applicable, the person displaying or using such mark, name or logo. Your use of the “Kidizen” mark or other marks, names and logos set forth on the Services without prior written consent of the applicable owner is strictly prohibited. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

22.  COPYRIGHT INFRINGEMENT CLAIMS

Kidizen respects the intellectual property rights of others, and requires that the people who use the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing our Designated Agent (as defined below) with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Kidizen to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to our Designated Agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Kidizen may be found and (5) a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Our current “Designated Agent” to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be obtained by searching for the Kidizen company name in the DMCA Designated Agent Directory at https://dmca.copyright.gov/osp/.

23.  PRIVACY

All information we collect on the Services is subject to our current Privacy Policy.  Kidizen agrees to treat your private personally identifiable information in accordance with the terms of our Privacy Policy, which is incorporated and made a part of these Terms for all purposes. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

24.  ARBITRATION

At Kidizen’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.

25.  TIME LIMITATION FOR FILING CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26.  GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Kidizen and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and Kidizen shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. This Services are controlled and operated by Kidizen from its offices within the State of Minnesota, United States of America. We provide the Services for use only by persons located in the United States. We make no claims that the Services are accessible or appropriate for use outside of the United States. Access to the Services may not be legal by certain persons or in certain countries.   Kidizen makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access this Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms 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 remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Kidizen and any user.

27.  WAIVER AND SEVERABILITY

No waiver by Kidizen of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kidizen to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

28.  SURVIVAL

All terms and conditions which by their nature are intended to survive any termination or expiration of this Agreement shall survive including but not limited to the provisions above listed under the headings “YOUR SUBMISSIONS”, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY”, “PRIVACY” and “GENERAL INFORMATION”.

29.  ENTIRE AGREEMENT

The Terms, our Privacy Policy, and the Additional Agreements as defined above, constitute the sole and entire agreement between you and Kidizen regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

30.  YOUR COMMENTS AND CONCERNS

The Services is owned, maintained, and operated by Kidizen and its licensors.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hello@kidizen.com

Kidizen, Inc.
2000 County Road B2 W
PO Box #131810
Saint Paul, MN 55113

hello@kidizen.com

Copyright © Kidizen, Inc. 2022. All rights reserved.

 

Revised:  February 1, 2022.