Terms and Conditions
This web page represents a legal document and is the Terms and Conditions
(Agreement) for our website artzkids.com. By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
DEFINITIONS
The terms “us”, “we”, and “our” refer to Art Z Kids, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
ACCEPTANCE OF AGREEMENT
This Agreement is between you and Art Z Kids.
This agreement contains warranty disclaimers and other provisions that limit our liability to you, please read these terms and conditions carefully and in their entirety, as using, accessing, and/or browsing our website constitutes acceptance of these terms and conditions. If you do not agree to being bound to each and every term and condition set forth herein, please exit our website immediately and do not use, access, and/or browse it further.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Art Z Kids and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
PRIVACY POLICY
Our Privacy Policy is considered part of this Agreement and available on this website. You must review our Privacy Policy by clicking here. If you do not accept and agree to being bound by all of the terms of this Agreement, including the Art Z Kids Privacy Policy, do not use this Website or our Services.
AMENDMENT OF TERMS
Art Z Kids reserve the right to change, modify, add or remove portions of these terms at any time without prior notice or user’s consent. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern you and Art Z Kids rights and obligations to each other.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein. We may disclose any content or electronic communication of any kind to satisfy any law, regulation or government request.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between you and Art Z Kids.
OUR INTELLECTUAL PROPERTY
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Art Z Kids.
Our Content, as found within our Website and Services, is protected under International Copyright Protection. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
MEMBER INTELLECTUAL PROPERTY
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (‘Content’). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that:
The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Our service is not a backup service, and we can not be held responsible for lost data. We may delete content that is in violation with any laws. You also grant each user of the Service the right to access your User Content through or from the Website and the Service, and to use, edit, modify your User Content.
ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP
To use our Services you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 13 years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are 13 years of age or older and agree to abide by all the terms and conditions of this Agreement.
Art Z Kids has the right to refuse service based solely our discretion . If you have signed up and are using the site and we decides to disable your ability to use the site for any reason, Art Z Kids does not need to inform you of the reason and can do so at any time. You agree to no legal action on your part.
ERRORS, CORRECTIONS, AND CHANGES
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Art Z Kids reserves the right in our sole discretion to change any Content, product, price, and other items used or contained in our Website or Services at any time without notice. Reference to any services, processes, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and services described or depicted on this site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of all listed products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the site at a particular time does not imply or warrant that these products or services will be available at any time.
DISCLAIMER
To the fullest extent permitted by law, Art Z Kids absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Art Z Kids gives no warranty that the products, services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses, downtimes or any other harmful components.
Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in the website or as to their correctness, suitability, accuracy, reliability, or otherwise. The site is free to use, but there is nothing promised by Art Z Kids in terms of any of its advertised features. In other words, the site should work as designed, but no guarantee of that to any user. If the product fails to deliver, etc., whatever happens due to use of our product or services, you hereby acknowledge that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Some links on our website will let you leave our site. The linked sites are not under the control of
Art Z Kids and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Art Z Kids is not responsible for webcasting or any other form of transmission received from any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Art Z Kids.
WARRANTY DISCLAIMER
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Art Z Kids assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Users communications.
LIMITATION OF LIABILITY
In no event will Art Z Kids or its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of our website, content, services, or any related product, accessed through our website or services, even if crowd vibe is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Art Z Kids liability to you for any cause whatsoever, and regardless of the form of the action will at all times be limited to the amount charged for any purchase made, if any, by you to us for any product.
YOUR PRIVACY
You are responsible for your name and password and maintaining the security of both. Art Z Kids is not responsible for any claims, damages or losses you suffer by reason of unauthorized use of your password by others. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
USE OF INFORMATION
You agree to use our Website as yourself, with your own ID and password and not represent any other user other than yourself. We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.
Art Z Kids as a rule, does not interfere with, modify or otherwise change your data, however, your data including all of your data with each and every Art Z Kids email sent or going to be sent in the future is the property of Art Z Kids and can be reviewed, stored and used for the purposes known only to Art Z Kids and any affiliates it may choose.
Art Z Kids is under no obligation to extract any data from the database of Art Z Kids for the purposes of defending (or otherwise) in the court of law any user or users of this web site. You agree and submit that Art Z Kids has the full rights to analyze any and all data that you willfully place onto the website.
Art Z Kids reserves the right, but does not have the obligation, to monitor your use of this site and to restrict or terminate your use of the site or modify or remove any information found on the site for any reason whatsoever in our sole discretion.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information. You will not attempt to reverse engineer our website, any portion of it or try to reverse engineer the programming code.
LINKING TO OUR WEBSITE
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites.
Art Z Kids has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
BINDING ARBITRATION
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by arbitrator chosen by Art Z Kids
The binding arbitration will be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.
CHOICE OF LAW AND JURISDICTION
This Agreement will be treated as if it were executed and performed California, United States, and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
INDEMNIFICATION
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
If Art Z Kids gets sued by you, you will defend and indemnify Art Z Kids from all claims, actions, damages, losses, liabilities, costs, expenses of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses incurred by Art Z Kids as a direct result of any breach by you of these Terms and Conditions, or arising out of or about your willful or accidental misconduct, negligent or fraudulent use of this website.
SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
FURTHER INFORMATION
Further information on these Conditions of use or any queries on them are available by contacting us using any of the detail below:
Privacy Policy
This web page represents a legal document and is the Privacy Policy for Art Z Kids and our website www.artzkids.com as required by European General Data Protection Regulation (GDPR). By using our Website, you agree to fully comply with and be bound by the following policy each time you use our Website. Please
review the following terms carefully.
DEFINITIONS
The terms “us”, “we”, and “our” refer to Art Z Kids, Our website (www.artzkids. com), the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
This Privacy Notice describes the types of information we collect or receive, how we may use that information. The information we collect includes personal information and non- personal information, as such terms are defined below.
The Privacy Notice also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, change or not use the personal information you have provided to us, (ii) withdraw any consent you previously provided to us, and (iii) answer any questions
you may have about our privacy practices.
YOUR CONSENT
By using our Website, you consent to the collection and use of this information by us as set forth in our Privacy Statement and amended from time to time. If we decide to change our privacy practices, we will post those changes on this page so that you are always kept informed of what data we collect, how we use it, and under what circumstances we disclose it. Please check this page for changes from time to time to make sure you are aware of our latest privacy practices.
YOUR PRIVACY
We are committed to respecting your privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why we have put a policy in place to protect your personal information. You may always visit our site and browse without giving us any personal information. Please read on for more details about our privacy practices.
OUR COLLECTION AND USE OF PERSONAL INFORMATION
Personal information is data that can be used to uniquely identify or contact a single person. You may choose to provide personal information to us when you use our website. Because we change our features from time to time, the options you have to provide us with personal information also may change, but here are some examples of situations in which you may decide to provide personal information to us:
Contacting us for any reason, such as by email, including for technical support customer service
Using our website or services when personal information is required for use or participation
The personal information we collect from you will vary depending on the service you are using, the site you are visiting, and how you access it. However, the personal information you provide generally may include the following:
Email address, full name, zip code, country, phone number (which may include mobile phone number);
Information about your activity on and interaction with www.artzkids.com (such as your IP address, the type of device or browser you use, and your actions on the site); and
Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem).
Because we directly ask you to provide personal information in these cases, you often will be able to tell from
our specific requests what types of information we receive from you.
We collect this information for reasons such as:
To understand your needs and provide you with a better service
For statistical purposes and analysis for management purposes in order to administer the website or improve our products and services.
Internal record keeping, and administrative purposes, and to inform you about our events, services or products, or other related information that we think would be of interest to you, as explained above.
To communicate marketing messages, newsletters and details of our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or email or similar technology (you can inform us at any time if you no longer require marketing communications).
From time to time, we may also use your information to contact you for market research purposes or to customize the website according to your interests.
OUR COLLECTION AND USE OF NON-PERSONAL INFORMATION
We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use and process non-personal information for service improving purposes. For example, when you use our website, we may collect data from and about the “commercial electronic mail messages” and “transactional or relationship messages” (as such terms are defined in the CAN-SPAM Act (15 U.S.C. 7702 et. seq.) that are sent to your email accounts. We collect such commercial transactional messages so that we can better understand the behavior of the senders of such messages, and better understand new spam techniques to improve our products and services.
INFORMATION COLLECTED BY AUTOMATED MEANS
We may obtain certain personal and non-personal information by automated means when you visit our sites. The type of information we collect by automated means may vary, but generally includes technical information about your device, such as IP address or other device identifier. The information we collect also may include usage information and statistics about your interaction with our website. That information may include the URLs of our web pages that you visited, URLs of referring and exiting pages, page views, time spent on a page, number of clicks, platform type, and other information about how you used our website.
In cases where you use a mobile device to access our sites, we will receive information about the location of your device. In some cases, even if you are not using a mobile device, information about your general location may be discernable from your device’s IP address or the URLs we receive.
We use information we collect by automated means to understand our users and to determine their preferences. As a result, we can develop and deliver new or modified offerings, that are improved with our users’ preferences in mind.
Here are some of the types of automated data collection that may occur when you use our sites:
Web Browsers
When you visit our website, your browser automatically sends us your Internet protocol (“IP”) address so that the web pages you request can be sent to your computer or device. We use your IP address to determine additional information, such as whether the computer or device has ever been used to visit our site before, which site features were used most often, and how much time was spent on a page.
Cookies
We may automatically collect information through “cookies,” which are text files placed on your device’s hard drive when you visit websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. We use cookies, for example, for authentication purposes, to measure session activity on the site, and to determine which areas and features of the site are the most popular. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. We treat information collected by cookies and other technologies as non- personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
SHARING OF INFORMATION
We may share information about you as follows or as otherwise described in this Privacy Policy:
With vendors, customer system managers and other service providers who assist us in operating our website, conducting our business, or providing Services to you, so long as those third parties agree to keep this information confidential in accordance with European Union’s General Data Protection Regulation (“GDPR”);
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Art Z Kids or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and with your consent or at your direction.
YOUR CHOICES
In certain cases, you may have choices about how we use and disclose your personal information. For example, we will ask you before we use your personal information for any purpose incompatible with those purposes identified in this Notice.
You can also choose not to give us the information we request, as described in the “Information You Provide to Us” section of this Notice. In some cases, if you decide not to provide information, we will not be able to provide you with access to the site you requested, or we may not be able to provide you with the service, feature or information you requested.
In some cases, you can stop or limit the information we collect by automated means. Please review the sections of this Notice titled “Information Collected by Automated Means” to learn more about how you may be able to stop or limit our receipt of that information.
You may also exercise and amend your choices by sending an email to us as specified in the “How to Contact Us” section below.
HOW WE PROTECT PERSONAL INFORMATION
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 secure servers behind firewalls.
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 is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
LINKS TO OTHER SITES
Our Website provide links to other website. We do not control, and are not responsible for, the content or practices of these other website. Our provision of such links does not constitute our endorsement of these other website, their content, their owners, or their practices. This Privacy Policy does not apply to these other website, which are subject to any privacy and other policies they may have. You should use caution and review the privacy policies of any web sites, services or third-party providers that you visit from our website or our products to learn more about their information practices, which may be significantly different from ours.
CHILDREN’S PRIVACY
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
UPDATES TO OUR PRIVACY NOTICE
This Privacy Notice may be updated periodically to you to reflect changes in our information practices or relevant laws. We will indicate at the top of the Notice when it was updated. Please review this Notice any time you access or use our sites to make sure you have reviewed the most recent version.
HOW TO CONTACT US
If you have any questions or comments about this Privacy Notice or if you would like us to update information we have about you or your preferences, please contact us at: