Terms and Conditions
Please carefully read the following Terms of Use before using the Kingartco.com website (the "Site"). By accessing the Kingartco.com website, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the top of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
Transactions
We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.
Copyright
All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of KINGART® and Kingartco.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of KINGART® and Kingartco.com and protected by U.S. and international copyright laws. All software used on the Site is the property of KINGART® and Kingartco.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
By submitting copy/text for personalization, the customer represents that the use thereof by the factory on the items ordered will not violate any laws, and KINGART® hereby disclaims any liability for compliance with such laws in the use of the customer’s copy or material.
Trademarks
All trademarks, logos, service marks and trade names are proprietary to KINGART® KIngartco.com, or other respective owners that have granted the Site the right and license to use such intellectual property.
Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINGART® Kingartco.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, KINGART®, Kingartco.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Product Information
Most products displayed on the Site are available at Kingartco.com and at retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores and vice versa. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store's prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site.
Links to Other Websites & Services
This Site may contain links to Web sites other than our own. KINGART® and Kingartco.com do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors.
KINGART® and Kingartco.com do not control the content of these sites and takes no responsibility for their content, nor should it be implied that KINGART® and Kingartco.com endorses or otherwise recommends such sites or the products or services offered.
Limitation on Liability
IN NO EVENT SHALL KINGART®, KINGARTCO.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF KINGART® AND KINGARTCO.COM HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Limits of Responsibility
We accept no responsibility for user initiated damage and/or loss of parts incurred during operation or use of product.
Applicable Law
The laws of the State of Connecticut will govern these Terms of Use without giving effect to any principles of conflict of law.
NOTE:The Terms and Conditions below are intended for users who submit content to us that we are interested in using.
Thank you for sharing your images that inspire KINGART®! You have given us permission to post on Kingartco.com, your handle and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our website (above) and our Privacy Policy.
You own the content you share. By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.
You have the right to share your UGC. By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.
You grant us a License to use your UGC. By sharing your UGC, you are granting to KINGART® and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright, in all forms and media. This means that we have the right to copy, display, publish, modify and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.
How we will use your UGC. We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.
Waiver. By sharing your UGC, you release KINGART® from any and all liability resulting from our use of the UGC.
Non-Confidentiality. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, simply send us an e-mail at services@kingartco.com. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.
Copyright Infringement.The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that any content posted in our Take Back Childhood Gallery is an infringement of your copyright, you may ask us to take down that content by sending us a DMCA Notice. If you believe that a DMCA Notice was been wrongly filed against you, you may send us a Counter-Notice. Notices and Counter-Notices must meet the DMCA requirements and we suggest that you obtain legal advice before sending us a Notice or Counter-Notice. Please note that we will decline to accept UGC from users who we believe to be repeat infringers, and there could be substantial penalties for making false claims. Notices and Counter-Notices can be sent to us by either of the following methods:
By e-mail: services@kingartco.comBy U.S. Mail or courier:
PO Box 495
3003 Purchase Street
Purchase NY 10577