JustKidCostumes ("JustKidCostumes.com" or "we") operates JustKidCostumes.com (the "Site"), which includes “The Dress Up Room”, an application which allows users to upload photos of their children and insert their faces into specific costumes in order to visualize how their child will look in a specific costume and to share it with friends via FaceBook as well as a member login section that includes a wishlist and order information among other services. The services offered by JustKidCostumes include the Site, content (including, without limitation, images, video and accompanying audio) hosting and sharing on the Site and third party sites, applications and services, an image cropping tool, links to partner providers, costumes, party supplies, content, mobile services, JustKidCostumes branded URLs or applications offered from time to time by JustKidCostumes in connection with JustKidCostumes’s business (collectively, the "JustKidCostumes Services"). The JustKidCostumes Services are hosted in the United States.
JustKidCostumes may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by JustKidCostumes on the Site. Your continued use of the JustKidCostumes Services after JustKidCostumes posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the JustKidCostumes Services and that you make available directly or indirectly to other Users. Any Content that you upload to JustKidCostumes may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other JustKidCostumes Users (for instance, in their profile or images/videos) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and JustKidCostumes assumes no responsibility or liability for this material. If you become aware of misuse of the JustKidCostumes Services by any person, please email service@JustKidCostumes.com and include in your email a URL to the material in question.
JustKidCostumes reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the JustKidCostumes Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. JustKidCostumes expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the JustKidCostumes Services if JustKidCostumes determines, in its sole discretion, that you have violated this Agreement or pose a threat to JustKidCostumes and/or its Users.
1. Eligibility. Use of the JustKidCostumes Services and/or registration to be a Member for the JustKidCostumes Services ("Membership") is void where prohibited. By using the JustKidCostumes Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the JustKidCostumes Services does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the JustKidCostumes Services. You may terminate your Membership at any time, for any reason, by following the instructions on the account options page. JustKidCostumes may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the JustKidCostumes Services is terminated, this Agreement will remain in effect in its entirety.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify JustKidCostumes immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Use by Users. The JustKidCostumes Services are for the personal use of Users and the Dressing Room application is for the express purpose of visualizing a child in a costume and potentially sharing the image(s) with family & friends for the purpose of deciding whether to purchase a costume. JustKidCostumes reserves the right to remove unauthorized content in its sole discretion. Illegal and/or unauthorized use of the JustKidCostumes Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges. The JustKidCostumes Services make it possible to post content hosted on JustKidCostumes to third party web sites. JustKidCostumes reserves the right to take appropriate legal action for any illegal or unauthorized use of the JustKidCostumes Services.
5. Proprietary Rights in Content on JustKidCostumes.
o 5.1 JustKidCostumes does not claim any ownership rights in the text, files, images, photos, , or any other materials (collectively, "Content") that you upload to the JustKidCostumes Services. By displaying or publishing ("posting") any Content on or through the JustKidCostumes Services, you hereby grant to JustKidCostumes and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Some of the JustKidCostumes Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that JustKidCostumes may place such advertising and promotions on the JustKidCostumes Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
o 5.2 You represent and warrant that: (i) you own the Content posted by you on or through the JustKidCostumes Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the JustKidCostumes Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the JustKidCostumes Services.
o 5.3 The JustKidCostumes Services contain Content of JustKidCostumes ("JustKidCostumes Content"). JustKidCostumes Content is protected by copyright, trademark, patent, trade secret and other laws, and JustKidCostumes or our partners own and retain all rights in the JustKidCostumes Content and the JustKidCostumes Services. JustKidCostumes hereby grants you a limited, revocable, nonsublicensable license to save and display the JustKidCostumes Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the JustKidCostumes Services.
o 5.4 The JustKidCostumes Services contain Content of Users and other JustKidCostumes licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JustKidCostumes Services.
o 5.5 JustKidCostumes performs technical functions and image processing necessary to offer the JustKidCostumes Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the JustKidCostumes Services.
o 5.6 Although the Site and other JustKidCostumes Services are normally available, there will be occasions when the Site or other JustKidCostumes Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of JustKidCostumes. Also, although JustKidCostumes will normally only delete Content that violates this Agreement, JustKidCostumes reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by JustKidCostumes in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, JustKidCostumes encourages you to maintain your own backup of your Content. In other words, JustKidCostumes is not a backup service. JustKidCostumes will not be liable to you for any modification, suspension, or discontinuation of the JustKidCostumes Services, or the loss of any Content.
6. Content Posted.
o 6.1 JustKidCostumes may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of JustKidCostumes violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. JustKidCostumes assumes no responsibility for monitoring the JustKidCostumes Services for inappropriate Content or conduct. However, JustKidCostumes may choose to monitor such Content at any time, in its sole discretion. If at any time JustKidCostumes chooses to monitor the JustKidCostumes Services, JustKidCostumes nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
o 6.2 You are solely responsible for the Content that you upload on or through any of the JustKidCostumes Services, and any material or information that you transmit to other Users and for your interactions with other Users.
7. Content/Activity Prohibited. You must use the JustKidCostumes Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the JustKidCostumes Services. JustKidCostumes reserves the right to investigate and take appropriate legal action against anyone who, in JustKidCostumes's sole discretion, violates this provision, including without limitation, removing the offending Content from the JustKidCostumes Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of JustKidCostumes:
o 7.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o 7.2 harasses or advocates harassment of another person;
o 7.3 exploits people in a sexual or violent manner;
o 7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
o 7.5 publicly posts information that poses or creates a privacy or security risk to any person;
o 7.6 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
o 7.7 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
o 7.8 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
o 7.9 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
o 7.10 involves commercial activities and/or sales outside of a commercial level account or without prior written consent from JustKidCostumes such as contests, sweepstakes, barter, advertising, or pyramid schemes;
o 7.11 includes a photograph or video of another person that you have posted without that person's consent; or
o 7.12 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the JustKidCostumes Services. JustKidCostumes reserves the right to investigate and take appropriate legal action against anyone who, in JustKidCostumes's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
o 7.13 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
o 7.14 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the JustKidCostumes Services. You may not transmit any chain letters or junk email to other Users;
o 7.15 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the JustKidCostumes Services
o 7.16 Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or JustKidCostumes Services to send altered, deceptive, or false source-identifying information;
o 7.17 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
o 7.18 interfering with the access of any User, host or network to the Site;
o 7.19 covering or obscuring the banner advertisements on your personal page, or any JustKidCostumes page via HTML/CSS or any other means;
o 7.20 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
o 7.21 any automated use of the system, such as, but not limited to, using scripts to send images or videos;
o 7.22 interfering with, disrupting, or creating an undue burden on the JustKidCostumes Services or the networks or services connected to the JustKidCostumes Services;
o 7.23 impersonating or attempting to impersonate another User, person or entity;
o 7.24 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
o 7.25 selling or otherwise transferring your profile;
o 7.26 using any information obtained from the JustKidCostumes Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
o 7.27 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the JustKidCostumes Services on behalf of that person or
o 7.28 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
o 7.29 using any meta tags or other hidden text or metadata utilizing a JustKidCostumes name, trademark, URL or product name without JustKidCostumes's express written consent;
o 7.30 attempting to probe, scan or test the vulnerability of any JustKidCostumes Service or breach any security or authentication measures;
o 7.31 collecting or store personal data about other users without their express permission;
o 7.32 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or
o 7.33 using the JustKidCostumes Services in a manner inconsistent with any and all applicable laws and regulations.
8. Member Disputes. You are solely responsible for your interactions with other Members. JustKidCostumes reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
9. Disclaimers. JustKidCostumes is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the JustKidCostumes Services, whether caused by Users of the JustKidCostumes Services or by any of the equipment or programming associated with or utilized in the JustKidCostumes Services and such Content does not necessarily reflect the opinions or policies of JustKidCostumes. JustKidCostumes is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by JustKidCostumes. Inclusion of any linked website on the JustKidCostumes Services does not imply approval or endorsement of the linked website by JustKidCostumes. When you access these third-party sites, you do so at your own risk. JustKidCostumes takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the JustKidCostumes Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. JustKidCostumes is not responsible for the conduct, whether online or offline, of any User of the JustKidCostumes Services. JustKidCostumes assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. JustKidCostumes is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the JustKidCostumes Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the JustKidCostumes Services. Under no circumstances shall JustKidCostumes be responsible for any loss or damage, including personal injury or death, resulting from use of the JustKidCostumes Services, from any Content posted on or through the JustKidCostumes Services, or from the conduct of any Users of the JustKidCostumes Services, whether online or offline. The JustKidCostumes Services are provided "AS-IS" and as available and JustKidCostumes expressly disclaims any warranty of fitness for a particular purpose or non-infringement. JustKidCostumes cannot guarantee and does not promise any specific results from use of the JustKidCostumes Services.
10. Limitation on Liability. IN NO EVENT SHALL JUSTKIDCOSTUMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE JUSTKIDCOSTUMES SERVICES, EVEN IF JUSTKIDCOSTUMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JUSTKIDCOSTUMES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JUSTKIDCOSTUMES FOR THE JUSTKIDCOSTUMES SERVICES DURING THE TERM OF MEMBERSHIP OR USAGE.
11. U.S. Export Controls. Software available in connection with the JustKidCostumes Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the JustKidCostumes Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
12. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and JustKidCostumes agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the JustKidCostumes Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
13. Indemnity. You agree to indemnify and hold JustKidCostumes, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the JustKidCostumes Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the JustKidCostumes Services causes JustKidCostumes to be liable to another.
14. Protecting Copyrights and Other Intellectual Property JustKidCostumes respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. JustKidCostumes has the right to terminate the Membership of infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:
- - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- - a description of the copyrighted work or other intellectual property that you claim has been infringed;
- - a description of where the material that you claim is infringing is located on the site;
- - your address, telephone number, and email address;
- - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
JustKidCostumes's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
1599 Sinaloa Drive
Santa Barbara, CA 93108
By phone: (650) 262-4650
By email: firstname.lastname@example.org
15. Other. This Agreement is accepted upon your use of the Site or any of the JustKidCostumes Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and JustKidCostumes regarding the use of the JustKidCostumes Services. The failure of JustKidCostumes to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other JustKidCostumes services, affiliate services, third-party content or third-party software.
Please contact us at: service@JustKidCostumes.com with any questions regarding this Agreement.