IMPORTANT—READ CAREFULLY: 
By accessing or using the Sites including, but not limited to, setting up an account on any of the Sites, you agree to be bound by these TERMS OF USE.  These TERMS OF USE are a legal contract between you and Kidsbooks and govern your access to and use of the Sites together with any services offered on or through the Sites.  If you do not agree to be bound by these TERMS OF USE, you are not authorized to use the Sites.  Your rights to use the Sites are limited by applicable federal, state, and local laws and regulations.

Kidsbooks may offer other promotions, such as sweepstakes or contests, that have their own Terms of Use or rules.  If any portion of these TERMS OF USE conflict with the special Terms of Use or rules for any such Kidsbooks promotion, the conflicting portion of the special terms or rules will govern for that specific promotion unless stated otherwise.

The Sites are intended for adults 18 years of age or older. By accessing the Sites, you represent that you are 18 years of age or older. 

In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors.  

The Purpose of the Sites —
The intended purpose of the Sites is to provide visitors with information about Kidsbooks’ wide selection of children’s books, activity books, educational books, gift sets, plush toys, and puzzles. The Sited is also intended to let visitors purchase our products or enroll in our services. 

Any content made available on the Sites is provided for informational and transactional purposes only. You agree that you will only use the Sites for their intended purposes, and not for other commercial ventures without first seeking approval from Kidsbooks.

You may not use any content on the Sites to establish any independent data files, databases, compendiums, or any other reference materials.

By using the Sites, you may need to interact with other visitors or users of the Sites.  You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TERMS OF USE.  Kidsbooks is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Sites

Any and all content and services on the Sites are subject to availability.  Any and all use of the Sites is done at your own risk.  Kidsbooks will try its best to make content on the Sites useful, but Kidsbooks does not warrant that any content on the Sites will be accurate or reliable.

Changes to Terms of Use —
Kidsbooks reserves the right to modify these TERMS OF USE at any time without prior notice.  You should visit the Sites from time to time to review and ensure you agree with the current version of these TERMS OF USE.  By continuing to use the Sites after any changes to these TERMS OF USE are made, you agree to be bound by such amended TERMS OF USE.  Kidsbooks will highlight any change to these TERMS OF USE for 30 days after such change(s) is/are made.

License —
Kidsbooks hereby grants you a revocable and nonexclusive right and license to use and access the Sites (including any underlying software) in a manner that is consistent with the other terms in these TERMS OF USE and the intended purposes of the Sites.  Kidsbooks reserves the right to terminate this License for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in these TERMS OF USE.

Intellectual and Other Property —
Except for any copyright protected artwork, text, or other creative materials contained in the books or products we sell, which remain the property of the respective authors and/or publishers, or except as specifically noted elsewhere, all other content on the Sites is the property of Kidsbooks including, but not limited to, all marks, logos, names, text, data, messages, documents, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or any other electronic content or files (collectively referred hereafter as “Kidsbooks Content”).

Certain elements of the Sites including, but not limited to, text, graphics, photos, images, video, audio, color selections and/or web site organization and layout, are copyright protected under United States and international copyright laws and treaty provisions.  Any Kidsbooks Content that is protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each page on the Sites solely for personal, non-commercial use.  No right, title or interest in any of the Kidsbooks Content is transferred to you as a result of you accessing, downloading or printing such Kidsbooks Content from the Sites.  Any use of Kidsbooks Content must display the appropriate copyright, trademark and other proprietary notices.

You acknowledge that you have no right, title or interest in or to the Sites or any Kidsbooks Content.

KIDSBOOKS, KIDSBOOKS LLC, KIDSBOOKS.COM, SEARCH AND FIND, SOFTPLAY, BUSY BABY, EYES ON NATURE, FUN FOR ALL, GIANT FAMILY FUN, KIDSBOOKS AND MORE, LITTLE BRAINIACS, LOOK & LOOK AGAIN, POINT & SAY, READ SEARCH & FIND, SEARCH & LEARN, THE YOUNG COLLECTOR’S ILLUSTRATED CLASSICS, and WHERE ARE THEY? are trademarks owned by Kidsbooks LLC. 

There may be other content on the Sites not owned by Kidsbooks, and you should respect those property rights as well.  All rights not expressly granted herein are reserved to Kidsbooks.

Links to Third-Party Sites —
The Sites may contain links to external web sites, apps, social media platforms or other online services not controlled by or affiliated with Kidsbooks.  If you use these links, you will leave the Sites.  Kidsbooks provides these links to you only as a convenience.  Kidsbooks is not responsible for the content at such linked third-party locations or services including, without limitation, any links displayed on such web sites, apps or other services.  You access and use any linked third-party locations or services at your own risk.

The display of any links are not meant to imply that Kidsbooks guarantees, approves, recommends or endorses the linked third-party locations or services or any information, content or products available on those linked web sites, apps or other services.  The links are not meant to indicate any association with Kidsbooks.  Kidsbooks is not responsible or liable for any linked third-party locations or services, nor does Kidsbooks warrant that such third-party locations or services or any information available through such locations or services are current, accurate, or error-free.  If you access or use any linked web sites, apps, or other third-party services, you will be subject to the Terms of Use, privacy policy, and other terms or policies applicable to those third-party locations or services.  You should consult the applicable third-party terms and policies to make sure you agree with them before using any third-party service.

Kidsbooks may also allow interaction between the Sites and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms.  This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Sites that when used, may allow you to share content from the Sites with other persons on or through the third-party services or elsewhere.  Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them.  Kidsbooks has no control over these third-party services and you use these interaction functions at your own risk.  Kidsbooks is in no way liable for any harm to you as a result of using one of these interaction functions. 

Other Prohibited Conduct —
In connection with your access to and/or use of the Sites or any related services, you agree not to:

• Violate any federal, state, or local laws or regulations.
• Discuss, incite, or promote illegal activity.
• Upload or post anything that imposes an unreasonable or disproportionately large strain on Kidsbooks’ network or computer infrastructure.
• Upload or post any inappropriate or offensive content or language. 
• Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Sites.
• Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Sites or Kidsbooks’ computers, servers or networks, or to any computers or systems used by other users of the Sites.
• Use the Sites in a manner that could destroy, damage, or impair any portion of the Sites or any computers, systems, hardware, or software used by Kidsbooks or other users of the Sites.
• Make unauthorized attempts to modify any information stored on the Sites.
• Make attempts to defeat or circumvent security features, or to use the Sites for any purpose other than their intended purposes.
• Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations. 
• Provide false or misleading information through the Sites including, but not limited to, when signing up for an account on any of the Sites.
• Use the Sites to send spam or unsolicited bulk email.

The previous list of prohibitions is not exclusive.  Kidsbooks reserves the right to terminate your access to the Sites or any related services for any reason.

By accepting these TERMS OF USE, you waive and hold Kidsbooks harmless from any claims resulting from any action taken by Kidsbooks during or as a result of any investigation and/or from any actions taken as a consequence of investigations by either Kidsbooks or law enforcement related to your use of the Sites.

Indemnity —
You agree to indemnify, defend and hold Kidsbooks, its affiliates and their respective officers, directors, employees, agents, licensors, representatives, attorneys, business partners and any party involved in the creation, production or transmission of the Sites (“Indemnified Parties”) harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that Kidsbooks or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Sites and/or any goods or services offered on or through the Sites, your breach of these TERMS OF USE, the use of the Sites by any person using your account, or any violation of any applicable law or regulation by you.  Your indemnification obligations shall survive the termination of these TERMS OF USE.

Disclaimer of Warranties —
YOUR USE OF THE SITES IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED BY LAW, KIDSBOOKS AND THE OTHER INDEMNIFIED PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES OR ANY GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SITES.

TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.

THIS DISCLAIMER OF WARRANTIES APPLIES TO THE SITES, THEIR CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES.  TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SITES WILL FUNCTION CORRECTLY OR THAT CONTENT WILL BE UNINTERRUPTED, TIMELY OR SECURE.

TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITES OR ANY CONTENT, THAT THE SITES OR THEIR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITES WILL BE CORRECTED, OR THAT THE SITES OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE EXTENT PERMITTED BY LAW, THE SITES, INCLUDING ANY GOODS, SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH THE SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES.  TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability —
TO THE EXTENT PERMITTTED BY LAW, IN NO EVENT WILL KIDSBOOKS OR ANY OF THE OTHER INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL OR OTHER DAMAGES SUCH AS LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF KIDSBOOKS OR ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITES OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITES; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITES OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITES, INCLUDING ANY LINKS ON THE SITES.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KIDSBOOKS OR THE INDEMNIFIED PARTIES TO ANY PARTY EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID TO KIDSBOOKS AND/OR THE INDEMNIFIED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITES, THESE TERMS OF USE, AND/OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR THE APPLICABLE GOOD OR SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN ANY EVENT, THE LIMITATIONS IN THESE TERMS OF USE WILL APPLY TO THE FULLEST EXTENT ALLOWED UNDER THE LAW.  ALL PROVISIONS IN THESE TERMS OF USE ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.

For Canadian Users Only —  
[Canadian counsel is standing by for the final agreement and will add any additional provisions here as necessary and recommended since it appears all sites are still accessible from both the US and Canada]

Geographic Limitation —
Kidsbooks operates the Sites from its headquarters in Chicago, IL and the Site is intended only for users within the United States and Canada.  If you use the Sites outside the United States or Canada, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Sites violates any local laws.  By using the Sites, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the United States and/or Canada.

Comments and Feedback from California Residents —
In compliance with your rights under California Civil Code Section 1789.3, California residents have the right to contact Kidsbooks with any complaints or to seek additional information.  You may email Kidsbooks at customerservice@kidsbookspublishing.  If California users have any questions or complaints about Kidsbooks, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.  Hearing impaired persons may call 916-928-1227 or 800-326-2297 via TTY device.

Privacy Policy —
Your use of the Sites is also governed by the Privacy Policy located at 3535 W. Peterson Ave., Chicago, IL  60659.  The Privacy Policy for the Sites is incorporated by reference into these TERMS OF USE.

Miscellaneous —
Kidsbooks does not represent that any content on the Sites is completely accurate, and therefore any reliance on such content is done at your own risk.  ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITES IS DONE AT YOUR OWN RISK.

Kidsbooks does not guarantee or promise that any opinions or recommendations on the Sites are helpful or reliable.

YOU AGREE THAT KIDSBOOKS IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using or implementing in any manner any of the opinions or recommendations found on the Sites.

Kidsbooks is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Kidsbooks’ computer or network systems, including any Kidsbooks hardware or devices, that may or may not result in the disclosure of personally identifiable information you provided to us.

YOU AGREE that any and all disputes relating to these TERMS OF USE, the Sites, your use of the Sites, and/or any goods or services offered on or through the Sites, are governed by, and will be interpreted in accordance with, the laws of, without regard to any conflict of laws provisions

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of Illinois, for any litigation arising out of or relating to these TERMS OF USE, the Sites, the use of the Sites, and/or any goods referenced or services offered on or through the Sites.  IL

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Illinois courts.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Illinois court that such litigation brought therein has been brought in an inconvenient,

If any part of these TERMS OF USE is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TERMS OF USE, all of which will remain in full force and effect to the extent permitted by law.

Unless otherwise noted, these TERMS OF USE constitute the entire agreement of the parties with respect to the Sites and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Kidsbooks with respect to the Sites.

If you violate any portion of these TERMS OF USE, Kidsbooks reserves the right, without an obligation to do so, to deny you access to the Sites.  If Kidsbooks terminates your access to the Sites, Kidsbooks may also delete your account.  Kidsbooks reserves the right to terminate any password-restricted account for any reason.

Kidsbooks’ failure to enforce any portion of these TERMS OF USE is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after these TERMS OF USE end shall survive the termination of these TERMS OF USE.

Kidsbooks reserves the right, without notice or reason, to take down or terminate the Sites, or otherwise revoke any and all access granted to you related to the Sites.  You agree that Kidsbooks is not liable to you or any other third party for this action.

Kidsbooks does not assume any liability or responsibility for your use of the Internet or the Sites including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing the Sites.

Certain software elements of the Sites and any services related to the Sites may be subject to U.S. export laws and controls.  No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact Kidsbooks for any reason not already specified in these TERMS OF USE, please use the following contact information:
EMAIL:           [email protected]
PHONE:         773-509-0707
MAIL:             5306 Ballard Avenue NW, Suite #311, Seattle, WA 98107