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Kids palace
Terms and Conditions Disclaimer
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU PURCHASE. BY ACCESSING THIS
SITE YOU AGREE TO THESE TERMS OF USE.
All site design, text, graphics, interfaces, and the selection thereof are
owned and operated by Kids palace All Rights Reserved. And it's contents
which is derived in whole or in part from material supplied by Kids palace,
its suppliers, and other sources, is protected by copyright and trademark
laws. Permission is granted to electronically copy and to print hard copy
portions of this site for the sole purpose of placing an order with
Kids palace or using as a shopping resource and provided that you keep
intact all copyright, trademark and other proprietary notice. Any other use
of materials on this site, including reproduction for purposes other than
those noted above, modification, distribution, or republication, without
prior written consent from Kids palace is strictly prohibited. The
material contained in this site is intended for U.S.A. residents. All orders
received from or for delivery outside the U.S.A. may be accepted or denied
at the discretion of Kids palace.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIAL CONTAINED IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN
"AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY
LAW Kids palace DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM
COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. IN ADDITION, Kids palace. DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE
OR CURRENT.
IN NO EVENT SHALL Kids palace. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER, EVEN IF Kids palace HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF A LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Under no circumstances, including, Kids palacet not limited to, negligence,
shall KIDS PALACE, its suppliers, affiliates or anyone else be liable for
any direct, indirect, incidental, special or consequential damages that
result from the use of, or the inability to use, this site or the materials
it contains, even if KIDS PALACE has been advised of the possibility of such
damages. You agree that use of the material in this site is subject to these
terms and conditions, as well as all applicable laws, and such access and
use is at your own risk. In no event shall KIDS PALACE's total liability to
you for damages, losses, and claims exceed the amount the amount you paid to
KIDS PALACE, if any, for accessing this site.
All portions of this site are subject to change without notice, including,
but not limited to product pricing, product options, product availability,
discounts, rebated, coupons, gift certificates, prizes, free gifts, and this
page. Whenever you revisit this site you agree to be bound by any changes in
these terms and conditions.
If you are dissatisfied with any portion of this site, or any of these terms
and conditions, your sole and exclusive remedy is to immediately discontinue
use of this site and destroy all materials obtained from it. You agree to
defend, indemnify and hold KIDS PALACE harmless from any and all
liabilities, costs and expenses, including reasonable attorney's fees,
related to any violation of these terms and conditions by you, or in
connection with the use of this site.
KIDS PALACE is not responsible or liable for any material submitted, posted,
uploaded, input, or any other form of communication (together referred to as
"Communications") to this site or to KIDS PALACE's to use without
restriction for any purpose whatsoever, commercial or otherwise and without
any obligations of confidence or compensation. KIDS PALACE, in its sole
discretion reserves the right to remove, edit, or refuse to post any
material submitted by users of this site.
This agreement shall be governed by construed in accordance with the laws of
the State of Florida, without giving effect to any principles of conflicts
of law. If any provision of this agreement is held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between the parties
relating to the subject in writing and signed by both parties.
General
Thank you for visiting Kids palace, Inc. (“Kids palace”),. We want your
experience as our guest to be the best it can be so please review our Terms
and Conditions of Use. by accessing our site
or shopping from our catalogs you expressly agree and consent
to all the following terms and conditions.
Registration and Your Account
Upon registration you are responsible for your password and account access
and you agree to accept all responsibility for actions that occur under your
account and password. Impersonations of any kind, such as false e-mail
addresses or misrepresentation of identity or authorship, will also
constitute a breach of these Terms and Conditions of Use.
Minimum Age Requirement
All products sold through our site
and catalogs are for purchase by adults. While we sell
children’s products, persons less than 18 years of age may make purchases
from our site
and catalogs only with the involvement of a parent or guardian.
Website Admission and License
A limited license granted by Kids palace allows for restricted access to our site
for personal use, which means, without express written consent
from Kids palace, modifications and/or downloading (except for page caching)
of content from our site
is forbidden. Not included in this restricted license is the
collection and use of any product descriptions, prices, or listings; any
derivative use of our site, catalogs or other content; any commercial use or resale of our site, catalogs or other content; any use of data mining, robots, or
similar culling and information collection devices. No portion of our site, catalogs or other content may be copied, duplicated,
reproduced, visited, sold or resold, or otherwise exploited for any
commercial purpose without express written consent of Kids palace.
Restricted, nonexclusive, and rescindable rights to create a hyperlink to
the homepage of any of our site
is permissible so long as the link does not portray Kids
palace, our products or our affiliates in a derogatory, false, misleading or
otherwise repugnant matter. No part of that link can use any logo or other
proprietary graphic or trademark of Kids palace. Without express written
consent, you may not frame or use framing techniques to enclose any content,
trademark, logo, or other content of Kids palace and our affiliates. Any
unauthorized use of our site
terminates the permission or license granted by Kids palace.
Pricing
We reserve the right to change any price at which we offer goods or services
and to correct any errors in the pricing contained in our site
or catalogs. We shall have no liability for any such changes or
errors and are not bound to fulfill orders at old or erroneous prices.
Transfer of Risk and Title
Upon the delivery of your purchase from Kids palace to the shipping company,
the risk of loss and title for your purchase passes to the carrier.
Challenge of Service
If for some reason there is a disagreement relating to the products you have
purchased through our site
or catalogs, the challenge of service can be submitted to
confidential arbitration in Los Angeles, CA. Arbitration under this
agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms and
Conditions of Use shall be joined to an arbitration involving any other
party subject to these Terms and Conditions of Use, whether through class
arbitration proceedings or otherwise.
E-mails, E-cards, Content, Comments and other Communications
Kids palace encourages comments, suggestions, sending of messages, posting
of stories and reviews and other communications from and amongst our guests
and their friends. You guarantee and depict that any review, comment,
suggestion, message and other communication you submit is accurate, solely
owned or controlled by you, that it does not violate these Terms and
Conditions of Use, that you will indemnify Kids palace and its affiliates
from all claims resulting from the use by Kids palace of content or
communications you’ve provided. Unless otherwise noted, when you submit
any content to us you grant an irrevocable, nonexclusive, perpetual,
royalty-free and fully sublicensable right to modify, adapt, distribute,
display, translate, create derivative works from, use, reproduce, and
publish such content throughout the world in any media. by submitting such
content or communications to us, you also cede the right to Kids palace and its affiliates and any sublicensees to
identify you as the author of such content or communication. However, if any
such communication is deemed illegal, defamatory, obscene, injurious,
threatening, an infringement of intellectual property, or otherwise harmful
to Kids palace, to our affiliates or any third parties, Kids palace reserves
the right (but not the obligation) to not publish or otherwise communicate
such content. Kids palace has the right, but not the obligation, to monitor
any activity and to remove any content from its stores. Kids palace takes no
responsibility and assumes no liability for any content posted by you or any
third party.
Contents and Graphics
We are committed to correcting any graphical, textual, or factual errors in
our content. Whether it is a misspelled word, broken link, or a missing or
incorrectly matched photo, please notify
us and we will do our best quickly to rectify any errors. Kids palace
does not warrant that our product descriptions or other content are current,
reliable, accurate or complete. If you feel a product received by you from
Kids palace is not as it is described, your only course of action is to return
the item in unused condition.
Other Websites
Businesses other than Kids palace may offer services and products on or
through our site. We may also provide links to other websites which are not
owned or operated by Kids palace. When visiting these other websites, you
should thoroughly review their policies. Kids palace is not responsible for
the inspection or evaluation of these websites and we do not warrant the
offerings of any of these enterprises or individuals or the content of their
websites. Therefore, Kids palace does not assume any responsibility or
liability for actions, product and content relating to these or any other
enterprises or individuals.
Copyright
Content generated by Kids palace, such as text, web pages and e-mail
communications, banner advertisements, graphics, photography, logos, button
icons, images, video, audio clips and software, is the property of Kids
palace or its content suppliers, and protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement and
assembly) of all content in our site
and catalogs is the exclusive property of Kids palace and is
protected by U.S. and international copyright laws. All software used to
present and manage our site
is the property of Kids palace or its software suppliers and
protected by U.S. and international copyright laws. You may use the content
and software published on our site
as a shopping and information resource only. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display or performance, of our content or software is
strictly prohibited.
Trademarks
All trademarks, service marks, and trade names employed by Kids palace are
proprietary to Kids palace or other respective owners that have granted Kids
palace the right and license to use such trademarks, service marks, and
trade names, and are protected by U.S. and international trademark
laws. The use of meta tags or any other concealed text or search
words exploiting the name or trademarks of Kids palace is expressly
forbidden. To the extent you have in any manner violated or threatened to
violate Kids palace's intellectual property rights, Kids palace may seek
injunctive or other appropriate relief in any state or federal court in the
state of California, and you consent to exclusive jurisdiction and venue in
such courts. Any other trademarks that appear in our site
or catalogs that aren’t owned by Kids palace or its
subsidiaries are the property of their respective owners, who may or may not
be associated with Kids palace or its subsidiaries.
Disclaimer
our site
and catalogs are provided on an "as is" basis. Kids
palace makes no representations or warranties of any kind, express or
implied, as to the operation of our site, the information, content, materials or products, included in our site
and catalogs. Price and availability information is subject to
change without notice. All orders are subject to acceptance, verification
and confirmation by Kids palace. To the full extent permissible by
applicable law, Kids palace disclaims all warranties, express or implied,
including but not limited to, implied warranties or merchantability and
fitness for a particular purpose. Kids palace will not be liable for any
damages of any kind arising from the use of our site, including but not limited to direct, indirect, incidental,
punitive and consequential damages. Kids palace does not guarantee that our site, servers or e-mail sent from or through us or our site
are free from viruses or other injurious elements. Certain
state laws do not allow limitations on implied warranties or the exclusion
or limitation of certain damages. If these laws apply to you, some or all of
the above disclaimers, exclusions or limitations may not apply to you, and
you might have additional rights. We reserve the right to terminate
accounts, refuse service, remove or edit content, or cancel orders at our
sole discretion.
Applicable Law
By visiting our site you agree that the laws of the state of New Jersey,
without regard to principles of conflict of laws, will govern these Terms
and Conditions of Use and any dispute of any sort that might arise between
you and Kids palace or its affiliates.
Severability
If any of these Terms and Conditions of Use shall be regarded as invalid,
void, or for any reason unenforceable, that terms or condition shall be
deemed severable and shall not affect the validity and enforceability of any
remaining terms and conditions.
Modification and Termination
Kids palace may modify or terminate these Terms and Conditions of Use at any
time and may do so immediately without notice or cause. Information
collected under prior policies will be subject to the modified policies.
Kids palace may also withdraw any rights it has granted to you and deny you
access to our site. In such event you must promptly destroy all materials
downloaded or otherwise obtained from our site, as well as all copies of such materials, whether made under
the terms of these Terms and Conditions of Use or otherwise.
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