Kid Art Show Terms of Use

Welcome to Kid Art Show! These Terms of Use ("Terms") define your (the "User") rights and responsibilities when you use the kidartshow.com website (the "Website") or any other services (collectively, "Service") offered by Kid Art Show, LLC.

By using the Service, you agree to be bound by these Terms, any future modification to the Terms, and our Privacy Policy.

1. Content Policy

These Terms govern the production and use of content or information including, but not limited to, artwork, photography (collectively referred to as "Artwork"), Artwork title and Artwork descriptions, which may be used by Kid Art Show in connection with the Service and which may be visible to other Users (collectively "Content").

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You are solely responsible for all Content that is published on your and your children's accounts. You represent that you have all necessary rights to the Content published by your and your children's accounts, and that its publication does not violate any third party's copyright or other rights.

Content that contains the personally identifiable information of minors, including full names, email addresses or identifiable likenesses, may not be published on Kid Art Show, including as part of Artwork. You are solely responsible for reviewing and authorizing all Artwork before it is published, including verification that it does not contain personal information as defined under the Children’s Online Privacy Protection Act (“COPPA”).

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You also agree not to post any Content that is threatening, obscene, abusive or otherwise offensive.

By using the Service, you grant to Kid Art Show a non-exclusive, sublicensable, worldwide, royalty-free and transferable (if neccessary to a successor) right to use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works of your Content as necessary to provide the Service.

In addition, you agree that Kid Art Show may use and refer to your Artwork, first name and age that are posted publicly on the Service in marketing materials, reports, publications and other media in connection with the promotion or operation of the Service. This right will continue until your Artwork is deleted; provided however, that any Artwork previously included in publications that Kid Art Show had prepared before receiving your request for deletion will continue to be used.

We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

2. Minor Users

Part of this Service is directed at Users under eighteen, including children under the age of thirteen. However, Users under the age of eighteen may not use the Service or post any Content without the permission of a parent or legal guardian ("Parent"). The right of minors to use the Service is revoked in jurisdictions where it is prohibited, if any.

In addition, Users under eighteen may not create accounts, agree to these Terms, purchase items or post any Content other than photos and descriptions of their artwork, artwork prices and shipping prices, shipping and delivery confirmations on the Service. All other actions offered by the Service, including any legal agreements, purchases and any communications with buyers of artwork ("Buyers"), must be performed by a Parent on the minor User's behalf.

You agree not to create or grant access to Artist accounts for anyone other than your own children or children for whom you are the legal guardian. Accounts are not transferable.

3. Artwork Sales

As a parent or guardian, you are personally responsible for any activity on your and your children's accounts, including all Content posted by your children on the Website.

Only artwork produced by children under eighteen years of age at the time of production may be published for sale on Kid Art Show. You are responsible for supervising your children's use of the Service and for ensuring that only artwork which they produced, own, and are able to sell is published for sale on the Website.

By accepting these Terms, you agree that Artwork posted by your children may be purchased without limitation by third parties. By creating accounts and authorizing your children to use the Service, you agree to facilitate the purchase of any Artwork posted for sale by your children, by securely packing and shipping the sold Artwork to the buyer via UPS, USPS or any other shipping service authorized by Kid Art Show, and confirming shipping by providing the shipping tracking number within seven days of purchase.

Within 20 days of delivery of the sold Artwork, Kid Art Show will deposit to your provided bank account the payment received for the Artwork and its shipping, minus the facilitation fee deducted according to the fee schedule in effect on the Website at the time of purchase, and minus any sales tax collected as required by law.

Kid Art Show will collect and remit sales tax on your behalf where applicable. Nonwithstanding the aforementioned, you are solely responsible for paying any applicable taxes for any purchases or sales you make through the Service.

4. Tipping

When a tip is received for one of your artists, we will notify you by email and provide instructions for adding bank details in order to claim your tip payment. Any tips that are unclaimed after six months from receipt will be credited to Kid Art Show to cover operating expenses.

5. Privacy

By using the Service, you agree that Kid Art Show may collect and use your information as described in the Privacy Policy.

Since both you and Kid Art Show have access to the personal information of Users (for example, the shipping address of a buyer who purchases your Artwork), you and Kid Art Show are separate and independent data controllers of the personal information of buyers and each is responsible for protecting the information as required under applicable law. If a User engages in unauthorized or illegal disclosure of another User's name, shipping address or other private information, then the disclosing User, not Kid Art Show, will be legally responsible for the unauthorized disclosure.

6. Limitation of Liability and Indemnification

Kid Art Show does not produce, inspect or ship any of the Artwork sold through the Service. The Artwork and any other items that may be sold through the Website are produced, described and sold directly to you by independent sellers. Kid Art Show does not make any representation or warranty about their quality, authenticity, safety or legality. You release Kid Art Show from any claims related to Artwork or other items sold through the Service, including for defective Artwork, damage during shipping, or misrepresentations by sellers.

Kid Art Show makes no representation regarding any Content posted by Users on the Website, and is not responsible for the accuracy, copyright compliance or legality of such Content. By using the Service you agree to release Kid Art Show from all liability relating to Content posted by its Users.

Kid Art Show is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other Users of the Services, and any other parties with whom you interact on our Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.

You agree, to the extent permitted by your state's laws, to indemnify, hold harmless, and defend Kid Art Show, and our successors, subsidiaries, affiliates, licensors, partners, co-branders, contractors, and subprocessors, and each of their respective employees, officers, directors, agents, successors and assigns from and against any and all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service; (ii) your breach or alleged breach of these Terms, including but not limited to, any representations and warranties, covenants and promises, (iii) your violation of any applicable Laws including, but not limited to, any failure to obtain or provide, maintain, or restrict any necessary consent, including but not limited to User Content, where such obligations arise under the Laws; (iv) any infringement by you or any third party using your account of any intellectual property, privacy or other right of any person or entity, including, without limitation, in connection with your User Content; or (v) your breach or alleged breach of any interaction, agreement or policy between you and other Users.

Kid Art Show reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Kid Art Show.

7. Links to other websites

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

Kid Art Show has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You agree that Kid Art Show 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 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.

8. International Users

The following provisions apply to Users and non-Users who interact with Kid Art Show outside the United States:

You agree to comply with all applicable local Laws in force in the jurisdiction in which you are located regarding the transmission of technical data exported from the United States or the country in which the User resides.

You consent to the transfer of your personal information outside of your home jurisdiction, including to the United States, and to the storage or your personal information in the United States, for the purpose of hosting, using and processing the personal information in accordance with our Privacy Policy. You further acknowledge that these countries may not have the same data protection laws as the country from which you provided your personal information, and that Kid Art Show may be compelled to disclose your personal information to United States authorities.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Kid Art Show (such as purchasing custom product). You will not use Kid Art Show if you are prohibited from receiving products, services, or software originating from the United States. You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Kid Art Show under these Terms to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Kid Art Show from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of these Terms.

9. Miscellaneous

All of our rights and obligations under these Terms, including the Terms itself, are freely transferable or assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Kid Art Show shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Kid Art Show's reasonable control.

You represent that you possess all rights necessary to agree to these Terms, and that you will use the Service in compliance with all applicable laws and regulations.

These Terms and your use of the Service do not create any partnership, employment, agency or franchisee relationship between you and Kid Art Show.

10. Termination

You may delete your account at any time from your Edit Account page, or by contacting us following the instructions in the Help page.

We may terminate your account or suspend access to our Service immediately, without prior notice or liability, for any reason including without limitation if you breach the Terms. In addition, we may discontinue the Service at any time without liability to you.

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.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Virginia, 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 between us regarding the Service.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When the Terms are revised, the Last Updated date will indicate the date of the most recent revision.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.