Terms and Conditions
Welcome to the Kiddies Point web site, The following Terms of Service (“TOS”) contain the terms and conditions that govern your (also referred as User) use of the Web Site and Kiddiespoint.com Service.
Kiddies Point reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Kiddies Point Web Site.
This TOS constitutes the entire and only agreement between us and you (user), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings.
Kiddies Point uses other affiliated companies or third parties to provide certain products and services accessible through the Web Site. Kiddies Point does not control those third parties or their services. Users agree that Kiddies Point will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with Kiddies Point TOS.
Eligibility to use Website:
Kiddies Point will only knowingly provide service to customer that can lawfully enter into and form contract under applicable law. If site user is under age of 18, but at least 13 years of age, he/she may use the Kiddies Point services under supervision of parent or legal guardian after they agree to these TOS. Kiddies Point website is not intended for children under age of 13.
Kiddies Point grants users limited revocable license to access and use the website for its offered services, subject to users’ compliance with these TOS. Kiddies Point does not allow customers to collect or use information collected on the website to compete with Kiddies Point or to create derivative work based on the content of the web site. If user uses the information other than per TOS, Kiddies Point may revoke the access and pursue other legal course of action permitted under applicable state or federal law.
Prohibited Use:
User can only use the website as expressly permitted by Kiddies Point. User may not cause harm to the website. Specifically, but not by way of limitation, user may not:
Interfere with website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the website.
Modify, create derivative works from reverse engineer, decompile or disassemble any technology.
Collect any user information used for registration.
Copyright:
All the content including but not limited to: Design, graphics, organization and digital conversion related to site are protected under applicable copyright, trademarks and other property rights. Copying, downloading or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.
User will retain ownership of the content that are used, referred or uploaded by the user during the use of the site. “While using any outside content, user grants following licenses to Kiddies Point, the non-exclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell and distribute design in or on products and in advertising, marketing, samples, and promotional materials for Kiddies Point.” And the right to make modifications to users’ design. We will not distribute it without prior approval from your side.
User may remove the design, graphics or file, designed or uploaded by the user, at any time during the usage of the website. After the content designed by the user is transferred to the Kiddies Point, if user chooses to remove that content, Please notify Kiddies Point in writing. Any orders that might have derived from that content will prior to the written notification of termination will fulfilled.
Reservation of Rights:
Kiddies Point reserves the right but does not assume the obligation to monitor transactions and communications occurs through website. If Kiddies Point determines, in its sole and absolute discretion, that user will breach a term or condition of these TOS, Kiddies Point may cancel such transactions and restrict access.
Kiddies Point may modify the site kiddiespoint.com at any time without any prior notice and will occur no liability for doing so.
Representation and Warranties:
User of the site represent and warrant to Kiddies Point that in use of the kiddiespoint.com site, user will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party. User further represents and warrants to Kiddies Point, that there are no claims, demands or any form of litigation pending, or to the best of user’s knowledge, threatened with respect to any of user’s content. Kiddies Point, will not be required to pay any third party related to using the content provided by the user. User content should not cause direct or indirect injury to any third party and should be free of Viruses or any other program or technology that can cause direct or indirect damage to the site.
Disclaimer and Exclusions:
Kiddies point provides a website kiddiespoint.com service on an “as is” and “as available” basis. Kiddies Point, do not represent or warrant that site will be uninterrupted, will be free of errors and in accuracy, will be reliable, will be timely, and will meet user’s requirements. Shreyas Plastics makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non- infringement.
Kiddies Point will not be liable to any user or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill). Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.
Limitation of Liability:
Limitation of liability, under for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of Kiddies Point exceed the value of the signs ordered or serviced rendered. Value of the signs or services are limited to the stated value on the Kiddies Point, site kiddiespoint.com or charged to the customer.
Indemnification:
User must indemnify and hold Kiddies Point and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with any third-party claim ,demand or action brought against any of the parties alleging that user have breached any of these TOS through any act of omission.
Registration:
User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple users. Kiddies Point, do not permit any other person uses registration section besides user’s own registration.
Color Issues:
Kiddies Point uses standard industry software for designing and printing purpose. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be considered as acceptable and will not be considered production mistake and will not be eligible for refund or return or re production. We use best judgment to match color but if you need visually match color, we suggest ordering sample product.
Production:
Kiddies Point uses multiple production facilities around the Cities. It can not guarantee where production will be done for each product and order. Your order can be manufactured at any of our production facilities.
Design Proofing:
Kiddies Point will not proof read any design made by user. Please double check all your design before submitting order. Kiddies Point can not be held responsible for mistakes in design made by the customer. Kiddies Point will print submitted file as it is form. In case where proof is requested, Kiddies Point will produce using last proof approved by the customer. Any mistake/changes in the proof has to be done before approval of the proof.
Response Time:
Kiddies Point requires user to response to all information or proof approval request in two days. If user fails to respond to the request for any reason, Kiddies Point will use best judgment on it and how to proceed.
Delays:
Kiddies Point shows estimated delivery date for each order on the kiddiespoint.com site. These dates are indicative dates only and are based on production ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.