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TERMS
AND CONDITIONS
ACCEPTANCE OF TERMS
Please read these Terms carefully. These Terms govern your access
and use of this Site. By accessing or using this Site you agree
to be bound by these Terms of Use and to any additional guidelines,
restrictions, or rules that may be posted in connection with specific
sections or services of this Site. All such additional posted guidelines,
restrictions, or rules are hereby incorporated by reference into
these Terms of Use.
Safety Kids reserves the right
to make changes to this Site and to these Terms at any time without
prior notice. You should review these Terms each time you access
this Site.
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COPYRIGHTED MATERIALS FOR LIMITED USE
This Site contains graphics, photographs, images, document layouts,
artwork, text, fonts, software tools, and other information (referred
to herein as “Content”). This Site and all Content are the copyrighted
property of Safety Kids, Inc. and/or its subsidiaries (referred
to herein as “Safety Kids”) or the copyrighted property of parties
from whom Safety Kids has licensed such property. All rights
in this Site and its Content are reserved worldwide. It is strictly
prohibited to retain, copy, distribute, publish, or use any portion
of the Content except as expressly allowed in these Terms. Safety Kids reserves the right to add to, delete from, or modify any
part of Content at any time without prior notice.
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USE OF SITE
You are granted permission to access and use this Site and its Content
for the sole purpose of preparing, evaluating, and ordering services
solely through Safety Kids (referred to herein as “Products”).
No other download, retention, use, publication, or distribution
of any portion of the Content is authorized or permitted. Obtaining
Products from Safety Kids does not entitle you to use any portion
of Content apart from the finished Products as they are supplied
to you by Safety Kids.
You agree to use this Site in a responsible
manner that is in full compliance with these Terms and with your
local laws and regulations, including export and import regulations.
Without limitation, no portion of Content may be utilized as a trademark
or service mark, for any pornographic use, for any unlawful purpose
or use, to defame any person, to violate any person’s right of privacy
or publicity, to infringe upon any copyright, trade name, trademark,
service mark or other intellectual property right of any person
or entity. You agree that you will not use the Site to produce Products
that are offensive, unlawful, harassing, libelous, threatening,
harmful, obscene, malicious or otherwise objectionable.
You are solely responsible for your
use of Content in combination with any other images, graphics, text
or other materials you incorporate into your Products. You agree
that you will not include any text, image, design, trademark, service
mark, or any copyrighted work of any third party in your Products
unless you have obtained the appropriate authorizations from the
owners. You warrant that your Products do not infringe upon any
rights of any third party, including copyright, trademark, right
of publicity or privacy, and will not libel or defame any third
party, and that you have all required rights or permissions necessary
to incorporate third party material into your Products. By placing
an order on this Site, you warrant that you have all necessary permission,
right and authority to place the order and you authorize Safety Kids to print or design Products on your behalf.
You agree that you will be responsible
for all orders placed or other actions that are taken by you.
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INDEMNIFICATION
You agree that you shall indemnify and defend Safety Kids and
all parties from whom Safety Kids has licensed portions of Content,
and their directors, officers, and employees, against all claims,
liability, damages, costs and expenses, including reasonable legal
fees and expenses arising out of or related to (i) your breach of
these Terms or (ii) any suit, claim, or demand arising from or relating
to any text, photograph, image, graphic or other material you incorporated
into Products that was not part of the standard Site Content.
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DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF
THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND
LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR
ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL Safety Kids OR ITS LICENSORS, SUPPLIERS, OR
VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, WHETHER OR NOT Safety Kids HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE SERVICES
THAT YOU ORDER FROM Safety Kids OR ITS AFFILIATES, INCLUDING
WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS,
DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Safety Kids
BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING
FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS
SITE OR ITS CONTENT.
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SITE FEEDBACK
Any comments, suggestions, proposals or other feedback (collectively
“Feedback Information”) provided to Safety Kids in connection
with the operation or content of this Site shall be provided by
the submitter and received by Safety Kids on a non-confidential
basis. All such comments, suggestions, and other information shall
become the exclusive property of Safety Kids. By submitting
any such information to Safety Kids, you agree that you are
transferring and assigning, at no charge, all of your right, title
and interest in the information, including all copyrights and other
intellectual property rights. You agree that Safety Kids shall
be free to use such information on an unrestricted basis.
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GOVERNING LAW
Safety Kids has its registered offices in Pittsburgh, Pennsylvania.
Issues related to the protection, infringement, or misuse of copyrighted
materials shall be governed by the copyright laws of the United
States of America. All other matters relating to your access to
or use of this Site shall be governed by the laws of Pennsylvania.
Any legal action or proceeding relating to or arising from your
access to or use of this Site shall be instituted in Pittsburgh,
Pennsylvania. You agree to submit to the jurisdiction of Pennsylvania
courts and agree that venue in these courts is proper in any such
legal action or proceeding.
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TRADEMARKS
Safety Kids, Charlie Check-First, KC Koala and Ima S.T.A.R. are
registered trademarks of Safety Kids, Inc. All other brand and product
names appearing on this Site are trademarks or registered trademarks
of their respective owners.
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