Please abide by the Terms and Conditions that follow, which govern the use of
all web sites owned and operated by Kid Innovation, Inc., including but not
limited to www.kidinnovation.com,
www.razzul.com and www.razzul.com
(together, the "Web Sites"). Please read them carefully, because when you use
any of the Web Sites , you automatically agree to be bound by these Terms and
Conditions . If you do not agree to and accept these terms and
conditions, you may not use our Web Sites.
The following terms govern your accessing, downloading, viewing or use of any
software, graphic content or text content (together, the "Materials") on the
You agree not to re-use any Materials from the Web Sites. In particular, you
agree not to copy, sell, license, distribute, republish, upload, post, publicly
display or perform, modify, make derivative works from, transmit or otherwise
use any Materials from our Web Site(s) unless you get our written consent --
There's one exception: you may download Material onto one computer for your
personal, non-commercial use only, provided you don't delete or change any
copyright, trademark, or other proprietary notices. (If you purchase a license
for our Razzul software, you may be permitted to install it on more than
one computer; see the End User License
for more details.) You may not modify the Materials or use them for any other
purpose; if you do, you'll be violating our intellectual property rights.
Materials from the Web Sites may not be copied or imitated in whole or in part,
by any means, including but not limited to the use of framing or mirrors.
Everything you download -- any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it -
are the property of Kid Innovation, Inc. and are protected by the copyright and
other intellectual property laws of the United States and other countries. All
software and content that you view or use in the Web Sites is considered
licensed to you by Kid Innovation, Inc.
End User License Agreement for our software. In the case of software, that
means that we retain full and complete title to the software and to all of the
associated intellectual property rights. So you're not allowed to redistribute
or sell the software -In addition, you are not allowed to reverse-engineer,
disassemble, or otherwise convert software to any other form that people can
use. For more information about the terms and conditions governing licensing
and use of our Razzul software available on the Web Site, please click
here to access a copy of the End User License Agreement.
Trademarks. KID INNOVATION, RAZZUL, and the Kid Innovation Logo, as well as our
other trademarks, service marks trade names and logos used and displayed on the
Web Sites, are trademarks of Kid Innovation, Inc., and are protected by state
and federal law. You may not use or reproduce any of Kid Innovation's
trademarks for any purpose without first obtaining our written permission.
Other company, product or service names appearing on the Web Sites may be
trademarks of others. These trademarks also may not be used or reproduced
without the express written consent of Kid Innovation, Inc. and the respective
owner(s) of the mark(s).
Kid Innovation takes consumer privacy very seriously. Access the
External third-party web sites have their own policies regarding privacy.
Please be aware of this whenever you leave our Web Sites.
If you use our Web Sites, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. Kid Innovation, Inc. does sell products that
will be used by children, but it sells them to adults, who can purchase with a
credit card. If you are under 18, you may use our Web Sites only with
involvement of a parent or guardian. Kid Innovation, Inc. and its affiliates
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
The Web Sites may contain links to third-party web sites. These links are
provided solely as a convenience to you, and should not be considered as an
endorsement by Kid Innovation, Inc. of the content on, or owners of, any such
third-party sites. The content of such third-party sites is provided entirely
by others, and Kid Innovation, Inc. has no responsibility for such content. You
should take precautions whenever you download files from any web sites to
protect your computer from viruses or other destructive programs. If you decide
to access third-party sites, whether or not through links provided on our Web
Sites, you do so at your own risk.
You may not create a link to any of our Web Sites without first obtaining our
written permission. You may not use any Kid Innovation, Inc. trademark to
identify a link to or from any web site without first obtaining our written
Certain areas of the Web Sites may ask you to register with us. All
All remarks, suggestions, ideas, graphics, or other information that you
communicate to Kid Innovation, Inc. through this site (other than information
becomes and remains our property, even if this agreement is later terminated.
This means that...
We don't have to treat any such submission as confidential.
You can't sue us for using the ideas you submit (including, but not limited to,
product or advertising ideas).
If we use them -- or anything like them -- we don't have to pay you or anyone
else for them.
We will have exclusive ownership of all present and future rights to
submissions of every kind. We can use them for any purpose, without
compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make -- in
other words, you acknowledge that you (and not we) have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
KID INNOVATION, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ITS WEB SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY...
USE OF (OR INABILITY TO USE) THE WEB SITES,
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITES
FAILURE OF PERFORMANCE,
DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, OR...
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING...
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY,
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (LEGALLY, "INCIDENTAL DAMAGES").
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
-- OR BOTH.
EXCEPTION : IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY, IN SUCH STATES, KID INNOVATION, INC.'S LIABILITY
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND
CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A
CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL
CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER
THAN THE AMOUNT YOU PAID TO ACCESS OUR WEB SITES.
THE MATERIALS IN OUR WEB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND YOU
USE THEM AT YOUR OWN RISK. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) KID
INNOVATION, INC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE
MATERIALS IN THE WEB SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES...
FURTHER, KID INNOVATION, INC. DOES NOT MAKE ANY REPRESENTATIONS, GUARANTEES OR
WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, GUARANTEES
OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT ALL INAPPROPRIATE CONTENT WILL
ALWAYS BE BLOCKED, FILTERED, OR REMOVED; OR THAT YOUR CHILD WILL AT ALL TIMES
BE ABSOLUTELY SAFE OR INSULATED FROM INAPPROPRIATE CONTENT. KID INNOVATION,
INC. CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT YOUR CHILD WILL
NOT ENGAGE IN INAPPROPRIATE BEHAVIOR ON THE INTERNET, THAT THEY WILL NOT
VOLUNTARILY RELEASE PERSONAL INFORMATION ABOUT THEMSELVES OR YOU, OR THAT A
CHILD OR OTHERS WILL NOT TRY TO CIRCUMVENT, OR BE SUCCESSFUL IN CIRCUMVENTING,
THE SAFETY FEATURES OF OUR WEB SITES AND SOFTWARE.
AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
THAT THE MATERIALS ARE OF ANY PARTICULAR LEVEL OF QUALITY.
THAT ANY INFORMATION IS ACCURATE, TIMELY, RELIABLE AND/OR COMPLETE.
THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT ANY DATA STREAM WILL BE UNINTERRUPTED OR OPERATE AT A
THAT DEFECTS WILL BE CORRECTED.
THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
IN ADDITION TO THE ABOVE, YOU (AND NOT KID INNOVATION) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION : IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE
WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
EXCEPTION : IF YOU DECIDE TO PURCHASE A LICENSE TO OUR RAZZUL SOFTWARE,
CERTAIN OTHER WARRANTIES MAY APPLY TO THAT LICENSE. CLICK HERE TO REVIEW THE
END USER LICENSE AGREEMENT.
Unless otherwise specified, the materials in our sites are presented to provide
information about Kid Innovation, Inc. and its products.
Kid Innovation, Inc. controls and operates its Web Sites from the company's
headquarters in Salem, New Hampshire, in the United States of America. We in
no way imply that the Materials on the sites are appropriate or available for
use outside of the United States. If you use our Web Sites from locations
outside of the United States, you are responsible for compliance with any
applicable local laws.
The Web Sites may contain software that is subject to export controls imposed
by the United States and may not be downloaded or otherwise exported or
into (or to a national or resident of) any country to which the United States
has placed an embargo; or...
to anyone on the U.S. Treasury Department's Specially Designated Nationals List
or the U.S. Commerce Department's Table of Deny Orders.
If you download or use software (if any) from our Web Sites, you are, in
effect, confirming to us that you are not located in, are not under the control
of, and are not a national or resident of any such country, and that you are
not on any such list.
These Terms and Conditions, and the Agreement they create, are governed by the
internal substantive laws of the State of Delaware . You expressly agree that a
ny dispute relating in any way to your use of the Web Sites or to products you
purchase through our Web Sites shall be submitted to confidential arbitration
in Boston, Massachusetts, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in state or federal court in the state
of New Hampshire, and you consent to exclusive jurisdiction and venue in such
courts. 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 this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by exiting the Web Sites and
destroying all materials obtained from the Web Sites, along with all related
documentation and all copies and installations.
Kid Innovation, Inc. may modify or terminate these Terms and Conditions, and
the agreement they create, at any time, for any reason, simply by updating this
posting and without notice to you. Any modifications or revisions to this Terms
and Conditions will become effective immediately upon posting. It is your
responsibility to check this page periodically so that you will be aware of the
terms and conditions then in effect. You may read a current, effective copy of
these Terms and Conditions at any time by clicking on any of the
located at various places throughout the Web Sites.
In addition, by providing Materials on our Web sites, we do not in any way
promise that the Materials will remain available to you. And Kid Innovation,
Inc. is entitled to alter, move, discontinue or remove all or part of any of
its Web Sites at any time, without notice to you.
If any provision of this agreement is unlawful, void or unenforceable, it will
not affect the validity and enforceability of any remaining provisions.
Any delay or failure of Kid Innovation, Inc. to act on or enforce any provision
of this Agreement shall not be construed as a waiver by Kid Innovation, Inc. of
any present or future violation of that provision or any other provision of
this Agreement. No waiver of any provision of this Agreement will be effective
against Kid Innovation, Inc. unless it is made in writing, signed by a duly
authorized officer of Kid Innovation, Inc.
This is the entire agreement regarding all the matters that have been discussed
in the preceding paragraphs, and it supercedes any previous Terms and
Conditions or other agreements, whether or not in writing, with respect to the
use of the Web Sites.