iKids Inc. and iKids U Franchise, LLC (collectively referred to as “iKids”) provide access to
information through their website, accessible at the URLs www.ikidsinc.com and
www.ikidsu.com (the “Site”) (“Company,” “we,” or “us”). We may provide the ability to use
certain functionalities of the Site or provide services of various kinds (the “Services”). The Site
and Services are made available to you only under the following terms and conditions (the
I. ACCESS TO SERVICE
In order to use certain features of the Site or Services, you must register for an account with
Company (“Account”) and provide certain information about yourself as prompted by the Site
registration form. You represent and warrant that: (a) all required registration information you
submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You
are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.
B. Access to Features of Online Services
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services.
C. General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms
remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense
access to the Service to any third-party. You may use the Site and the Services only for your personal, non-commercial purposes. Except as expressly stated herein, no part of the Site or
Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Any future release, update, or other addition to
functionality of the Site or Services shall be subject to these Terms.
You agree not to use the Site and the Services to: (a) violate any local, state, national or
international law; (b) stalk, harass or harm another individual; (c) collect or store personal data
about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (f) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (g) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (i) Attack the Website via a denial-ofservice attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
D. Use of Third-Party Offerings
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title
and interest in and to the Site and the Service, and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
All contents of the website, including all text, images, graphics, logos and software is the property of iKids Inc. and iKids U Franchise, LLC, or copyright owners who have granted iKids Inc. and iKids U Franchise, LLC permission to use copyrighted material, and is protected to the fullest extent under U.S. and international copyright laws. It is unlawful to reproduce copy or distribute material from the website without prior written permission.
You may not infringe or use iKids Inc. and iKids U Franchise, LLC’s brand, logos and/or
trademarks, including, without limitation, using IKIDS INC. AND IKIDS U FRANCHISE, LLC,
in any business name, email, or URL or including any of iKids Inc. and iKids U Franchise, LLC’s
trademarks and logos, except as expressly permitted by iKids Inc. and iKids U Franchise, LLC. All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.
II. USER CONTENT
A. User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Terms and specifically the ACCEPTABLE USE POLICY (defined below in Section II C). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you own or control all rights in and to your User Content and have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements.
You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, 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 User
Contributions posted by you or any other user of the Website.
C. Acceptable Use Policy
The following sets forth Company’s “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (vii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.
E. Other Users
Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
III. TERMS AND CONDITIONS OF SALE
A. Certain Product Disclaimers
CHOKING HAZARD: Small Parts. Not suitable for children under three (3) years. Parents exercise caution. Adult supervision required. Discard incomplete or broke items immediately. iKids did not manufacture or design any product, item, and/or part contained herein.
FOOD ALLERGY WARNING: Products, items, and/or parts may contain peanuts, tree nuts, or
other allergens. Do not use any product, item, and/or part should you have a food allergen and cannot use alternate materials. iKids did not manufacture or design any product, item, and/or part contained herein.
ADULT SUPERVISION REQUIRED: Some product, item, and/or parts may require assembly
by using means that may be considered hazardous. Adult supervision is required.
B. Products and Pricing
All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product that auto-renew periodically (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. Company will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. All payments are non-refundable (except as expressly set forth in this Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.
E. Shipping Policy
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account. Currently, we ship to the US only. International shipping may be added at a later date for an additional fee. Products will be shipped on or about the 21st of every month to the address you submit when placing your order. Company reserves the right to charge an
additional $15 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.
F. Return Policy
(i) Return Policy. Unless the Product information page states that a Product is a Final Sale, Company will accept returns only for store credit and only in accordance with the Return Procedures below. If a Product is a Final Sale, then the sale is final and no returns will be accepted. Provided that Company confirms that your Product was not a Final Sale and was returned in accordance with the Return Procedures below at customer’s expense, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Items must be returned within 14 days of receipt date. No returns will be accepted outside of the 14 day window. In order to receive a refund, all returned items must be complete, unused, and unworn. Store credit may only be used for future purchase of Products on the Site (excluding gift cards) and are not transferable.
(ii) Exchanges. We do not accept any Product exchanges.
(iii) Damaged Products. If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), Company will accept returns for a full refund only in accordance with the Return Procedures below. Provided that Company confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (b) we will not charge your credit card for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
(iv) Return Procedures. The following sets forth the required “Return Procedures”: All returns must be made within 14 days after the Product shipment date. All returned Products must be unused and returned in accordance with the instructions received from contacting customer service at 713-665-5200. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued.
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
IV. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
The information, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. IKIDS INC., IKIDS U FRANCHISE, LLC, AND IKIDS CARE AND/OR ITS REPRESENTATIVES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IKIDS INC., IKIDS U FRANCHISE, LLC, AND IKIDS CARE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IKIDS INC., IKIDS U FRANCHISE, LLC, AND IKIDS CARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IKIDS INC., IKIDS U FRANCHISE, LLC, AND IKIDS CARE, IT’S MEMBERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR OFFICERS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IKIDS INC. AND IKIDS U FRANCHISE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DEATH OR BODILY INJURY CAUSED BY DEFECTIVE PRODUCTS YOU PURCHASE THROUGH THE SITE.
I HEREBY WAIVE, RELEASE AND DISCHARGE IKIDS INC., IKIDS U FRANCHISE, LLC, AND IKIDS CARE AND ALL OF ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES, VENDORS, SUBCONTRACTORS AND VOLUNTEERS, OF ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OR DAMAGES OF ANY KIND RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH, MY CHILD’S PARTICIPATION IN ANY OF THE IKIDS PROGRAMS, INCLUDING THOSE ALLEGEDLY ATTRIBUTED TO THE EXPRESS NEGLIGENCE OR OMISSIONS OF IKIDS INC., AND IKIDS U FRANCHISE, LLC AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES, FRANCHISEES, VENDORS, SUBCONTRACTORS AND VOLUNTEERS.
I FURTHER WAIVE, RELEASE AND DISCHARGE IKIDS INC. AND IKIDS U FRANCHISE, LLC AND ALL OF ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES, VENDORS, SUBCONTRACTORS AND VOLUNTEERS, OF ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OR DAMAGES OF ANY KIND RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH, MY CHILD’S PARTICIPATION IN THE ONLINE PROGRAM.
TO THE EXTENT AUTHORIZED BY THE CONSTITUTION AND LAWS OF THE
STATE OF TEXAS, THE CONSUMER SHALL INDEMNIFY AND HOLD COMPANY
HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES AND COSTS INCURRED BY COMPANY WHICH DIRECTLY OR INDIRECTLY RESULT FROM, OR ARISE IN CONNECTION WITH, ANY NEGLIGENT ACT OR OMISSION OF CONSUMER, ITS AGENTS, EMPLOYEES, OR AUTHORIZED THIRD-PARTIES, PERTAINING TO ITS PRODUCTS AND OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF FAULT. CONSUMER SHALL INDEMNIFY AND HOLD COMPANY, THEIR OFFICERS, AGENTS, PRODUCT MANUFACTURERS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES AND COSTS WHICH DIRECTLY OR INDIRECTLY RESULT FROM, OR ARISE IN CONNECTION WITH DEFECTS IN THE DESIGN OR MANUFACTURE OF THE COMPANY’S PRODUCTS, AND ANY NEGLIGENT ACT OR OMISSION OF COMPANY, ITS AGENTS, EMPLOYEES, OR AUTHORIZED THIRD-PARTIES, PERTAINING TO ITS
PRODUCTS AND OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF FAULT.
The Company will not be liable for damages or any delay or failure to ship a product arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
ASSUMPTION OF RISK
You agree and understand that you assume all risks when using the Company’s products,
including, without limitation, any and all risks associated with you and your child’s use of the
materials contained within the products.
V. TERMS AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you
voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.C, I.D, I. E, II, III.A., IV and VI will survive the termination of these Terms.
VI. MISCELLANEOUS MATTERS
A. Governing Law, Venue and Dispute Resolution
These Terms shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court in Harris County, Texas, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
B. CHANGES TO THESE TERMS AND CONDITIONS
Revisions may be made to these terms and conditions at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page eriodically for any changes. Your continued use of the Site or Services following the posting of any revisions to these terms will mean you accept those changes.
Effective Date: August 21, 2020
Last modified: August 21, 2020
iKids Inc., iKids U Franchise, LLC, and iKids Care (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit our website (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
• On this Website.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party Website and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
• us offline or through any other means, including on any other website operated by Company or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
CHILDREN UNDER THE AGE OF 13
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website, including
• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, (“personal information“);
• that is about you but individually does not identify you, such as your credit card number; and/or
• about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
INFORMATION YOU PROVIDE TO US.
The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, registering for sweepstakes, contests, promotional events, subscribing to our service, posting material, or requesting further services. We may also ask you for information [when you enter a contest or promotion sponsored by us, and] when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders
including financial information before placing an order through our Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public
areas of the Website, or transmitted to other users of the Website or third parties (collectively,
“User Contributions”). Your User Contributions are posted on and transmitted to others at your
own risk, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES.
As you navigate through and interact with our Website, we may use automatic data collection
technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Details of your visits to our Website, including traffic data, location data, logs, and other
communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
• Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of iKids Inc., iKids U Franchise, LLC, and iKids Care, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by sending us an email stating your request to firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or unsubscribe directly from the email. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at email@example.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
OUR TEXAS PRIVACY RIGHTS
The Texas Consumer Privacy Act permits users of our Website that are Texas residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: 3701 W. Alabama, Ste. 250, Houston, TX 77027.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Last modified: August 21, 2020
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this policy, “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children”). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.
This policy notifies parents of:
• The types of information we may collect from children.
• How we use the information we collect.
• Our practices for disclosing that information.
• Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent.
• All operators that collect or maintain information from children through the Website.
INFORMATION WE COLLECT ON CHILDREN
Parents can access many parts of the Website and their content and use many of its features without providing us with personal information for their children. However, some content and features are available only to registered users and/or require us to collect certain information, including personal information, and allow for parents to provide optional information on their children. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Website.
We only collect as much information about a child as the parent agrees to disclose.
NFORMATION WE COLLECT DIRECTLY.
A parent of child may provide us with the following information to register with this website: the child’s first name, last name, email address, and physical address. We specify whether information is required or optional when we request it. Parents may also post through our Website or social media pages photographs of their children engaged in our products and services, and/or comments about their children that may include their name.
Automatic Information Collection and Tracking. We use technology to automatically collect information from our users, but do not intentionally collect or track information about your
HOW WE USE YOUR CHILD’S INFORMATION
We use the personal information we collect from you about your child to:
• register him or her with our services and on our site;
• communicate with him or her about activities or features of the Website that may be of interest;
• fulfill orders and mail packages related to membership services in his or her name;
• enter him or her into contests, sweepstakes, or other promotions that you enter them into on our
Site or through email.
OUR PRACTICES FOR DISCLOSING CHILDREN’S INFORMATION
We do not share, sell, rent, or transfer children’s personal information other than as described in
We may disclose children’s personal information including name, email, and likeness:
• On our social media platforms and Website when the child’s personal information was voluntarily shared/posted by a parent of their child.
• To third parties we use to support the internal operations of our Website and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
• To third parties we use to perform functions on our behalf in relation to iKids Inc., iKids U Franchise, LLC, and iKids Care’s operations. Examples include web hosting companies, payment
companies and fulfillment companies.
• If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of iKids Inc., iKids U Franchise, LLC, and iKids Care, our customers or others, including to:
• protect the safety of a child;
• protect the safety and security of the Website; or
• enable us to take precautions against liability.
• To law enforcement agencies or for an investigation related to public safety.
ACCESSING AND CORRECTING YOUR CHILD’S PERSONAL INFORMATION
At any time, you may review your child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using your child’s information.
You can review, change, or delete your child’s personal information by:
• Logging into your account and visiting the account profile page.
• Sending us an email at: email@example.com. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
OPERATORS THAT COLLECT OR MAINTAIN INFORMATION FROM CHILDREN
Please direct your inquiries about our privacy practices, and privacy practices of other operators that use your child’s information on our behalf to us at: iKids Inc.
Address: 3701 W. Alabama, Ste. 250, Houston, TX 77027