ADC Kid Terms of Use

Last Updated:  Sept 19, 2017

ADC Kid is pleased to provide to you its sites, software, applications, content, products and services (“ADC Kid Services”), which may be branded ADC Kid or licensed by ADC Kid.  These terms govern your use and our provision of the ADC Kid Services on which these terms are posted, as well as ADC Kid Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the ADC Kid Services. 

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ADC KID SERVICES.

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

Contract Between You and Us

Your access to and use of ADC Kid Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use ADC Kid Services.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Supplemental terms and conditions may apply to some ADC Kid Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the ADC Kid Services.  Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity.  Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

We may amend these terms.  Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the ADC Kid Services.  If you do not agree to any change to these terms, you must discontinue using the ADC Kid Services.  Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.

We may immediately terminate this contract with respect to you (including your access to the ADC Kid Services) if you fail to comply with any provision of these terms.

Website Links

Our Service may contain links to third party web sites or services that are not owned or controlled by ADC Kid.

ADC Kid has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ADC Kid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless ADC Kid and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Disclaimer and Limitation Of Liability

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADC KID DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADC KID IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADC KID, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ADC KID OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADC KID'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Submissions and Unsolicited Ideas Policies

Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials.  In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

 

Transactions

Identity of Seller

Sales are made by ADC Kid or the seller identified at the time of sale, if different.  If you have questions about your order, please contact the seller at the address provided and they will assist you. Some ADC Kid Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

Digital Content and Virtual Items

We may make applications, games, software or other digital content available on the ADC Kid Services for you to license for a one-time fee. When purchasing a license to access such material from a ADC Kid Service, charges will be disclosed to you on the ADC Kid Service before you complete the license purchase.

The Order Process

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice.  At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery.  Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments.  We also may require additional verification or information before accepting an order.  We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.  If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.  We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

Right of Cancellation; Return of Goods

When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.

You have the right, within ten (10) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods.  This right does not apply to goods stated by us on the ADC Kid Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed.  If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.

If you wish to cancel, you must do so by following the cancellation instructions for the particular ADC Kid Service.  Please email us at iamadckid@gmail.com subject line "Cancellation/Return of Goods".

Personalized Goods

Please note that the rights of cancellation and return do not apply for personalized goods.  Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect.  We reserve the right to refuse personalized orders at our discretion.  Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.

 

Pricing; Taxes

We may revise the pricing for products and services we offer.  If you pay a periodic subscription fee for a ADC Kid Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.  When you place your order, we estimate the tax and include that estimate in the total for your convenience.  The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

 

International Shipping; Customs

When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied.  These and any additional charges for customs clearance must be borne by you.  For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter).  You are responsible for assuring the goods can be lawfully imported to the destination country.  When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

Contact Us

If you have any questions about these Terms, please contact an ADC Kid representative at iamadckid@gmail.com with the subject line "Terms of Use"

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