Terms of Use & Conditions Agreement

Welcome to the web site for the Kiddie Kandids family of companies. Our Family Life is operated by Online Solutions, LLC, as is the Your Cards to Go website. Online Solutions, LLC is a subsidiary of Kiddie Kandids Holdings, LLC, and a sister company to Kiddie Kandids, LLC, which operates the Kiddie Kandids and My Studio websites. The foregoing entities are sometimes referred to hereafter individually as an "Affiliate" and collectively as the "Affiliates" or the "Kiddie Kandids Affiliates". The various websites operated by such entities are sometimes referred to hereafter individually as an "Affiliate site," and collectively as "Affiliate sites" or "Sites".

1. Acceptance of Terms
This website is a service of the Kiddie Kandids family of companies. By using this website, you are agreeing to be legally bound by the following Terms and Conditions ("Terms"). By accessing this site on the Internet or World Wide Web and/or clicking the "Yes" button at the bottom of this page and/or using this site, you are agreeing to comply with and be bound by the Terms. When using a site or any services provided by any of the Kiddie Kandids Affiliates Sites, you are subject to any posted guidelines or rules that may apply to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.

By agreeing to be bound by these Terms, you will be given access to all of the Affiliate Sites using your user name and password. You agree to comply with and be bound by these Terms when accessing any of the Affiliate Sites with your user name and password. Each Affiliate is a party to and a beneficiary of these Terms entitled to enforce such Terms to the fullest extent permitted by law.

We may from time to time change the terms that govern your use of our Sites. Your use of our Sites following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Sites from time to time.

2. Restrictions of use of site
  1. Proprietary Rights
    This website and all affiliate Sites contain information, text, photographic images, designs, graphics and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Kiddie Kandids Affiliates or other third parties. You agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. All logos and product service names are also likewise protected. You agree not to use, display or "mirror" any of the content on this site in any manner without first obtaining permission from the owner of the intellectual property. Kiddie Kandids hereby grants you a non-transferable, non-exclusive right to use and display on this site and any Affiliate site, and on merchandise and services purchased from this site or any Affiliate site, the select Kiddie Kandid portraits and portrait images made available to you via this site and any Affiliate sites. All other rights to the Kiddie Kandids portraits and portrait images, including, without limitation, copyright and all other rights are retained by Kiddie Kandids. Kiddie Kandids portraits and portrait images are the photographs taken in one of the many Kiddie Kandids studios located throughout the United States.
  2. Online Conduct
    By using this site or any Affiliate Site, you agree to be subject to all applicable local, state, federal and international laws. You agree not to use this site or any Affiliate site or any of the contents contained in any such site for any illegal purpose nor to transmit to or through any such site any material that is illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material, or to interfere with, abuse or otherwise violate the legal rights of any third party using this site or any Affiliate site (including by using any merchandise or the services offered on or in connection with this site or any Affiliate Site). You specifically agree not to:
    1. Upload, post, email or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable at this web site or Affiliates Sites or its Affiliates' sole discretion;
    2. Harm minors in any way;
    3. Impersonate any person, entity, corporation or government, or falsely state your association with said person or entity;
    4. Disguise the origin of any content transmitted through the service;
    5. Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or any contractual or fiduciary relationships;
    6. Upload, post, email or otherwise transmit any content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    7. Upload, post, email or otherwise transmit any material that contains software or other electronic viruses of any kind, or any computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecom equipment;
    8. Act in any way that would negatively affect other users' ability to engage in real time exchanges;
    9. Interfere with or disrupt the service, servers or networks connected to the service.


3. Use of Content
The Kiddie Kandids Affiliates grant permission to access and view their respective sites and to electronically copy and print in hard copy, portions of such sites for the sole purpose of submitting an order. Any other use of any such site or the content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, re-publication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the site or the content. If you violate any of the above, you could be subject to criminal prosecution as well as personal liability for damages in a civil suit.

4. User Name and Password
Customers of any Kiddie Kandids and Affiliate are entitled to use the same user name and password to access any of the Affiliate websites.

5. Disclaimer
THIS SITE AND ITS CONTENTS AND EACH AFFILIATE SITE, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. The Kiddie Kandids Affiliates are distributors and not publishers of the content supplied by third parties and users of the Sites. As distributors, the Kiddie Kandids Affiliates exercise no editorial control over content and make no warranties or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via any of the Sites. WITHOUT LIMITING THE FOREGOING, THE KIDDIE KANDIDS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS AS TO THE PUBLISHERS OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH ANY OF THE AFFILIATE SITES OR ON SITES THAT MAY APPEAR AS LINKS ON ANY OF THE AFFILIATE SITES OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, ANY OF THE AFFILIATE SITES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. No oral advice or written information given by any of the Sites, employees, officers, directors, agents or the like shall create a warranty. Price and availability information is subject to change without advanced notice.

6. Limitation of Liability
Your use of each Affiliate Site and its contents is at your own risk. The Kiddie Kandids Affiliates constantly strive to ensure that their products and services are timely provided without error. Notwithstanding the foregoing, your sole remedy in the event of an error or failure to timely deliver a product or perform a service shall be a replacement of the product or service. None of the Kiddie Kandids Affiliates will be liable for any compensatory, direct, indirect or consequential damages arising from or related to loss of data, income or profit, loss of or damage to property, or any claims of third parties arising from use of any Kiddie Kandids Affiliates site regardless of the legal theory on which the claim is based, and even if advised of the possibility of such damages, including without limitation any damages arising our of reliance by the user on information obtained from any Kiddie Kandids Affiliate or any Affiliate Site or for damages which result from any mistake, omission, virus, delay in operations, interruption in service or failure of performance, whether or not resulting from an act of God, communications failure, theft, or unauthorized access to Affiliate records or any Affiliate Site. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.

7. Kiddie Kandids and Affiliates Communication
You agree that Kiddie Kandids and its Affiliates may send electronic mail to you for the purpose of advising you of changes or additions to this Site or Affiliate Sites, about any of our products or services, or for such other purpose(s) as Kiddie Kandids and Affiliates deems appropriate.

If you prefer not to receive communication about new products, discounts and promotions, you may opt-out from receiving these emails by logging onto any Affiliate Site and updating your customer profile or by sending an email to customerupdate@kiddiekandids.com. You will still receive official emails with regards to changes or additions of service to the Affiliate Sites and account status updates.

8. Indemnification
You agree to indemnify and hold each of the Kiddie Kandids Affiliates and their parents, subsidiaries, affiliates, officers, partners, owners and employees harmless from any claim or demand including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, use of your account by any third party, the violation of the terms and conditions of usage by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

9. Applicable Law
All conflicts and matters relating to or arising out of the use of its site and contents will be governed under the laws of the state of Utah. You are responsible for compliance with applicable local, state, national or international laws where you use the site. If you use the site from outside the United States of America, you are entirely responsible for compliance with all laws, including but not limited to the export and import regulations of other countries in relation to the content and the third party content. Unless otherwise specifically stated, all marketing or promotional materials found on this site are solely directed to individuals, companies and other entities located in the United States.

10. Links to other Web Sites, Vendors and Partners
The site may contain links to other sites. These linked sites may not be under the control of the Kiddie Kandids Affiliates and the Kiddie Kandids Affiliates are not responsible for the content of any unaffiliated linked site or any link contained in unaffiliated linked site, or any changes or updates to such sites. The Kiddie Kandids Affiliates reserve the right to terminate any link or linking program at any time. The Kiddie Kandids Affiliates are providing these links to you only as a convenience and do not endorse companies or products to which it links. If you decide to access any of the third party sites linked to this site, you do so at your own risk.

11. Security
You agree not to violate or attempt to violate the security of any Affiliate Site including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation sending unsolicited email, flooding, spamming, mailbombing or crashing; (f) sending promotions and/or advertising products or services; or (g) attempting to do any of the preceding.

12. Return Policy
You agree to be financially responsible for any order(s) placed on or in connection with any Affiliate site using your name and password and all sales are final. The Kiddie Kandids Affiliates at their sole discretion may determine to reprint certain item(s) purchased on or through an Affiliate site. No cash refund will be given, nor credit back to a credit card.

13. General Legal
If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. If any Kiddie Kandids Affiliate fails or declines to enforce any right or provision in these terms, it shall in no circumstance constitute a waiver of such right or provision unless acknowledged and agreed to by such Affiliate in writing. These Terms and any other Terms set forth on any Affiliate website comprise the entire agreement between you and each Affiliate and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of any Affiliate Site is subject to the additional disclaimers and caveats that may appear throughout the site. If you violate these terms, the Kiddie Kandids Affiliates reserve the right to terminate service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable. The Kiddie Kandids Affiliates may at any time revise these Terms by updating this posting. Since you are bound by these Terms, you should therefore periodically visit this page, by clicking the hyperlink at the bottom of the pages to the site to review the then current Terms.

14. Copyrights and Trademarks
The Kiddie Kandids Affiliates respect all intellectual property rights. If you believe your copyright or intellectual property has been violated through an Affiliate Site, please contact the appropriate Affiliate immediately.

15. Third-Party Relationships
Kiddie Kandids and Affiliates may contract with third-party service providers to host and operate any or all Sites and vendors to provide products and shipping, payment and fulfillment services. Each such service provider and vendor will or has agreed to abide by the applicable privacy statements for each site and not to use any personally identifiable information of customers for any other purpose.

16. Products, Colors and Services
Features, specifications and prices of products and services described or depicted on this site or any Affiliate Site are subject to change at any time without notice. We have made every effort to display as accurately as possible the colors and specifications of our products that appear at all Affiliate Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. This site and the Affiliate Sites refer to products and services that are generally available for purchase in the 48 continental United States, Alaska and Hawaii but may not be available in your particular country or locality. The reference to any such products or services does not imply or warrant that these products or services will be available at any time.

17. No Monitoring
Although an Affiliate may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on an Affiliate site, none of the Kiddie Kandids Affiliates are under an obligation to do so and assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that an Affiliate may have at law or in equity, if an Affiliate reasonably determines that you have violated or are likely to violate the foregoing prohibitions, any of the Affiliates may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the website of the related materials. The Kiddie Kandids Affiliates will fully cooperate with any law enforcement authorities or court order requesting or directing them to disclose the identity of anyone posting such materials.

18. Inaccuracy Disclaimer
From time to time there may be information on Kiddie Kandids and Affiliate Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

19. Termination
This Agreement is effective unless and until terminated by either you or Kiddie Kandids and Affiliates. You may terminate this Agreement at any time upon 30 days written notice to Our Family Life by mail or email as set forth above. Kiddie Kandids and its Affiliates may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the any Affiliate Site.