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Acceptance of Terms
Welcome to KIDFANS.com. KIDFANS.com is a division of MTO Graphics. This user agreement governs the use of this Web site and any other Web site owned or operated by MTO Graphics. If you are under the age of 18, you must have your parent or legal guardian agree to be bound by the terms set forth in this Agreement. MTO Graphics reserves the right to add, remove or modify portions of these terms at any time. Your use of this site and affiliated MTO Graphics sites demonstrates your acceptance of the following terms. If you do not agree to these Terms, in whole or in part, please do not use this site.
When you visit KIDFANS.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyrights, Trademarks and other Intellectual Property Rights
Unless otherwise noted, the entire content included in this site, including but not limited to text, graphics, images, illustrations, designs, icons, photographs, code, and written and other materials is copyrighted as a collective work under the United States and other copyright laws, and is the property of MTO Graphics. The compilation of all content on this site is the exclusive property of MTO Graphics and protected by U.S. and international copyright laws. You are allowed to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KIDFANS.com or purchasing KIDFANS.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KIDFANS.com or to purchase KIDFANS.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless you have express written permission from MTO Graphics. You further agree that proprietary notices from downloaded materials on this site will not be changed or deleted by you in any way.
Right to use Copyrights and Trademarks
You represent and warrant to KIDFANS.com that you have the unrestricted right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illustration of any person or any other intellectual property ("Material") in the way it is to be printed on or otherwise applied to the products ordered by you. You warrant that, in obtaining the Material and submitting it to KIDFANS.com for reproduction, you have not violated or infringed on any trademarks, copyrights or other intellectual property rights of any third party. You agree to indemnify and hold MTO Graphics and/or KIDFANS.com, and its directors, officers, employees and agents ("KIDFANS.com Parties") harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by KIDFANS.com Parties by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim, and to pay any attorney's fees incurred by MTO Graphics and/or KIDFANS.com Parties in defending against any such suit, demand or claim.
The burden of determining that any Material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any Material protected by trademark, service mark, copyright or other proprietary right. To use any logo, trademark or copyrighted items, a customer must have written permission from the owner of the logo or trademark or copyright. A customer may not use any logo or other graphic material in a manner which may infringe copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold the MTO Graphics and/or KIDFANS.com Parties harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by MTO Graphics and/or KIDFANS.com Parties by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through KIDFANS.com.
Grant of License to KIDFANS.com
When uploading, emailing or authorizing others to upload or email any copyrighted, trademarked or other protected material to KIDFANS.com, you grant a license to KIDFANS.com which gives KIDFANS.com the non-exclusive, perpetual, irrevocable, paid-up, worldwide right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part), modify and create derivative works and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subject to this grant of rights, you retain all rights you have in such material.
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to KIDFANS.com or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain KIDFANS.com's property. Such disclosure, submission or offer shall constitute an assignment to KIDFANS.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
Accuracy of Colors
While we have made every effort to display as accurately as possible the colors and/or graphics of our products that appear on the Site, we cannot guarantee that your monitor's display of any color and/or graphic will be accurate. The colors you see will depend on your monitor and may be different from the actual colors of our product. We will have no liability (whether for damages, return of merchandise for credit, or otherwise) as a result of any variances between the appearance of colors and/or graphics displayed on your monitor and on any finished product purchased by you.
Design Request Refund (Pay $15/Get $15 Deal)
If you are submitting a design request, you are entitled to a refund for the design request if: 1) You did not receive a proof within seven (7) days of submitting your design request, 2) you place an order for our products with this design within thirty (30) days of submitting your design request. After thirty (30) days, your design will still be available to place orders, but no refund for the design request will be issued. We reserve the right to remove your design from our site if no order for products with this design is placed within one (1) year from the design request date OR one (1) year from the last order placed.
KIDFANS.com will not accept returns since the products we produce are customized. Contact us by email of any misprints or misspellings within 10 days of the postmark on the shipping envelope. If it is determined that we misprinted or misspelled the product, a replacement product will be shipped to you at no cost.
In the event that a KIDFANS.com product is mistakenly listed at an incorrect price, KIDFANS.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. KIDFANS.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KIDFANS.com shall issue a credit to your credit card account in the amount of the incorrect price.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at KIDFANS.com are the sole responsibility of the customer. KIDFANS.com cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
You shall use KIDFANS.com for lawful purposes only. You shall not transmit through KIDFANS.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to KIDFANS.com for any breach of this provision or any other provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT KIDFANS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of KIDFANS.com. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
You agree to indemnify, defend and hold harmless KIDFANS.com Parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing KIDFANS.com under your account.
The Site is created and controlled by MTO Graphics in the State of Iowa. The laws of the State of Iowa will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.