Terms of Service
ACCOUNTS, PASSWORDS, AND PAYMENTS
Account Types.Kids’ Choice currently offers two free account types, a Kids’ Choice, Inc. Membership Account and a family account – the Kids’ Choice, Inc. Creator Account.
- Kids’ Choice, Inc. Membership Account – This account permits the account holder the ability to do the following:
- Download FREE resources
- Buy affordable resources
- Access resources any time
- Enjoy educational resources for students by students
- Kids’ Choice, Inc. Creator Account – This account enables the account holder to do the following:
- Create and share original educational resources online and earn scholarships
- Apply earned funds toward a qualifying College 529 account
- See Data and Earning Reports
- Help other students learn
Account Access and Passwords.Each account has one designated adult user who must be at least 18 years of age. The adult user is responsible for maintaining the confidentiality of the account information and password. You agree that (i) you will provide complete and accurate registration information about yourself and any individual authorized to access your account and keep your account information up-to-date; (ii) you are solely responsible for all activities that occur under your account; (iii) you will immediately notify Kids’ Choice of any unauthorized use of your account; (iv) Kids’ Choice is in no way responsible for any loss that you may incur as a result of any unauthorized use of your account; and (5) you will not sell, transfer, or assign your account or any Account rights. If Kids’ Choice learns that an ineligible User has created an account, we may seek confirmation of the User’s status or deactivate the account, without notice to the ineligible User.
Payment.Payment Processing and Fees. In order to issue payments to your account, we work with third-party companies which process and transfer funds between us and our Sellers (“Payment Services”). These Payment Services may assess transaction fees when the payment is processed. Accordingly, your payment will be reduced by the fees assessed by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your payment.
- Reductions for Kids’ Choice Contribution. 10% net proceeds of your Kids’ Choice, Inc. Creator earnings will be retained by Kids’ Choice, Inc. as a service fee. Accordingly, your account will be credited the remaining amounts after the third-party payment processing fees and 10% service fee have been deducted.
- 529 College Payouts. You must link your Kids’ Choice Creator account via PayPal to your child’s College 529 Account using the routing number and account number in order to receive funds. If your child does not have a College 529 Account, you may sign up for a Fidelity Investment Account. These funds will be deposited to your account weekly via your linked College 529 Account or Fidelity Investment Account. If the student does not attend post – graduate school or trade school or use it to pay for qualified higher education expenses, then the money in the student’s College 529 Account will receive penalty – 10% federal penalty tax on the earnings (tax or interest) portion of the withdrawal. Also, please be advised, state penalty or other penalty may apply.
Ownership.The Services are owned and/or controlled by Kids’ Choice and all Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Content includes but is not limited to, all text, graphics, user and visual interfaces, audio, photographs, artwork logos, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, but not limited to, all educational resources, photographs, audio, pictures, and videos, (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including Kids’ Choice (collectively, “Trademarks”); and (iii) other forms of intellectual property.
- Limited License.Subject to your strict compliance with these Terms, and your payment for any resource, you are granted a single limited, non-exclusive, revocable, non-assignable, and nontransferable license (“License”) to access, display, view, and use (excluding certain free resources) of the Content for non-commercial use only. The License does not grant you any ownership right in or to any other intellectual property rights of any Content or the Services, and you cannot otherwise use the Content or the Services without Kids’ Choice’s express prior written consent. All rights not expressly granted are reserved by Kids’ Choice, our licensors, and/or other third-parties. Except as expressly provided in these Terms or with Kids’ Choice’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
- Uploaded Content.Kids’ Choice operates by allowing the submission, distribution, and exchange of educational resources which may consist of textual, audio, video, or other Content created by Users (“User-Generated Content”) on or through the Services. All rights to User-Generated Content including all intellectual property rights shall remain the exclusive property of the owner-creator. By recording, submitting, or distributing User-Generated Content on or through the Services, you grant Kids’ Choice a limited, non-exclusive, worldwide, fully paid, license to use, store, copy, distribute, display, transmit, and sublicense such User-Generated Content solely for the purposes of delivering the Services to you and others, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised.
- Services and Content Use Restrictions.You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third-party, including, without limitation, the uploading, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services; install any software, file, or code on the Services that is not authorized by Kids’ Choice, or attempt to do so; (iii) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services; (iv) access or collect information from the Services using automated means (such as through scripts, bots, scrapers, etc.); (v) use any meta tags or other hidden text utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (vii) use the Services for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses or other private information about any third-party, without that party’s express consent; or (ix) otherwise violate these Terms, or any additional terms, or solicit, encourage, or facilitate anyone else to do so.
- Disclaimer of Representations and Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
Therefore, to the fullest extent permissible by law, Kids’ Choice, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:
- the Services (including the Content and the User-Generated Content);
- guarantees related to the amount of earnings;
- the functions, features, or any other elements on, or made accessible through, the Services;
- any products, services, or instructions offered or referenced at or linked through the Services;
- whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
- the specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and
- whether your use of the Services is lawful in any particular jurisdiction.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, KIDS’ CHOICE HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD-PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
- Limitations of Liability
UNDER NO CIRCUMSTANCES WILL KIDS’ CHOICE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Services (including the Content and the User-Generated Content);
- your use of or inability to use the Services, or the performance of the Services;
- the failure of a minor to learn or otherwise benefit from their use of the Services;
- any action taken in connection with an investigation by Kids’ Choice or law enforcement authorities regarding your access to or use of the Services;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Services’ technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Kids’ Choice was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Governing Law/Jurisdiction.These terms, and any additional terms, will be governed by and construed in accordance with the laws of the state of Georgia, without regard to its conflicts of laws principles. Legal action solely for injunctive relief may be brought in any court of competent jurisdiction.
Arbitration.If any controversy, allegation, or claim exceeding five thousand dollars ($5,000.00) arises out of or relates to the Services, these Terms, or any additional terms (collectively, “Dispute”), the Parties agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, the parties agree to first discuss the Dispute informally for at least 60 days. To do so, the party who wishes to escalate the Dispute must first send to the other party a notice that must include (i) a description of the Dispute and (ii) a proposed resolution (together, the “Notice of Dispute”). If you want to raise a Dispute, you must send your Notice of Dispute by certified mail to P.O Box 742, Temple, Georgia 30179-0742, as applicable. If Kids’ Choice is the party to raise the Dispute, we will send our Notice of Dispute to you at the email address that we have on file for you. If we do not have a valid email address on file for you, we will send our Notice of Dispute to you through a means that complies with the service of process rules in the state of Georgia.
If the parties do not reach a resolution within 60 days of receipt of the Notice of Dispute, the parties agree that the Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any additional terms, and any facts based upon the record and no other basis, and will issue a reasoned decision. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’s Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which the parties consent. You may obtain AAA and JAMS procedures, rules, and fee information as follows:
Nature of Alternative Dispute Resolution. As with a court, in arbitration, the arbitrator will resolve the Dispute at hand and may issue a decision consistent with this Section VII. However, WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award, if any, may be entered into any court that has jurisdiction over the parties.
Small Claims. For claims up to $5,000, either Party may bring a qualifying claim of in small claims court. In the event of any litigation, to enforce any provisions herein or seek a declaration of the rights of either Party under this Agreement, the prevailing Party shall be entitled to recover from the other such attorney’s fees and costs as may be reasonably incurred.
Indemnity. To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless Kids’ Choice from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your: (i) breach or alleged breach of these Terms; (ii) use of the Services or activities in connection with the Services; (iii) User-Generated Content; (iv) your violation of any law, rule or regulation; or (v) violation of any third-party rights. Kids’ Choice reserves the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kids’ Choice in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any child user you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold Company Parties harmless for any damages that Kids’ Choice suffers by the child user’s disaffirmance.
Infringement Policy and Reporting Procedure.In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), our designated agent to receive notices of copyright infringement may be reached by email at firstname.lastname@example.org, or by postal mail at Kids’ Choice, Inc, P.O Box 742, Temple, Georgia 30179-0742. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.
Account Suspension and Termination. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms or any additional terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. If your account is suspended or terminated, you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.
Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that Kids’ Choice provides to you electronically satisfies any legal requirement that such communications be in writing.
Operation of Services; International Issues. Kids’ Choice controls and operates the Services from the United States. If you use the Services from another location, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
Severability; Interpretation. If any provision of these Terms, or any additional terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that you understand these Terms and additional terms and according, they shall not be construed against the drafter.
Assignment. We may assign our rights and obligations under these Terms, or any additional terms, in whole or in part, to any party at any time without any notice. These Terms and any additional terms, may not be assigned by you, and you may not delegate your duties under them.
No Waiver.No waiver by us of any of these Terms or any additional terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Kids’ Choice, Inc.
Updates to Terms. We reserve the right to modify these Terms, or any additional terms, from time to time in our sole discretion (“Updated Terms”). You agree that any Updated Terms will be effective immediately upon our posting, directly communicating them to you (e.g., via the email address associated with your account), provided that (i) any modification to Section VII related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you do not cancel your membership to the Services within seven calendar days (7) after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and to be bound by, the Updated Terms.
Contact Us. Any questions regarding these Terms, issues related to the Services, or your Account should be directed to us as provided below:
Kids’ Choice, Inc.
P.O Box 742
Temple, Georgia 30179-0742