Pouchie Pals Terms and Conditions

PRODUCT USAGE

POUCHIE PALS PRODUCTS ARE NOT INTENDED FOR USE WITHOUT ADULT SUPERVISION.

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
In order to make the PouchiePals.com website an enjoyable experience for everyone, we are providing this website under the following Terms and Conditions. By using this website, you agree to be bound by these Terms and Conditions. If you do not agree with the following terms, please do not use the PouchiePals.com website. KidsPref LLC, the maker of Pouchie Pals products strives to keep its website current and interesting for its users. As we add new features, we will by necessity need to update or amend these Terms and Conditions. KidsPref LLC reserves the right to revise, modify or amend these Terms and Conditions at any time by updating this posting and you agree to be bound by such revision, modification or amendment.

RESTRICTIONS ON USE
Material at this site is provided for lawful information and entertainment purposes only. Material from PouchiePals.com and any other site on the World Wide Web that is owned, operated, licensed and controlled by KidsPref LLC or any of its affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any shape, manner or form without the specific prior written consent of KidsPref LLC. EXCEPT as expressly permitted in this section. Modification or use of the materials at this site for any other purpose shall be construed as a violation of KidsPref LLC's intellectual property rights. Prior written consent must be obtained from KidsPref LLC. for any commercial use of any material provided at this website. Please forward any requests in writing to KidsPref LLC, 745 Fifth Avenue, 30th Floor, New York, NY 10151 Attn.: Legal Department.


SUBMISSIONS
In certain areas of this website, you are permitted to submit remarks, suggestions, ideas, images, or other information to KidsPref LLC. (a "Submission"). All Submissions will forever be the property of KidsPref LLC. Under no circumstances will KidsPref LLC. be required to treat any Submission as confidential. Furthermore, KidsPref LLC. will not be liable under any circumstance for its use of any Submission in its business (including, without limitation, product ideas) or as a result of any similarities to any Submission that may appear in future business of KidsPref LLC Without limitation, KidsPref LLC will have exclusive ownership of all rights to Submissions of every kind and nature, everywhere. Kids Pref LLC will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Your ability to send Submissions to this website is governed by these Terms and Conditions, as well as by the applicable Rules and Regulations of this site (as described in this Section). You acknowledge that you are totally responsible for whatever material you submit, and you, not KidsPref LLC., have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION
Except as described otherwise, all material at this website is made available only to provide information about KidsPref LLC. controls and operates this site from its headquarters in New York, NY, United States of America, and makes no representation that this material is appropriate or available for use in other locations.
This site may be linked to other sites that are not maintained, endorsed or sponsored by KidsPref LLC. KidsPref LLC. has not reviewed all of the sites linked to this website. KidsPref LLC. is not responsible for and makes no representations regarding the content of any other sites linked to this website. The existence of any link to such sites does not imply endorsement, affiliation or sponsorship of those sites with KidsPref LLC.

DISCLAIMER
The material at this site could include technical inaccuracies or typographical errors. KidsPref LLC. may make changes or improvements at any time. THE MATERIAL AT THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIDS PREF LLC DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIDS PREF LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDS PREF LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR THE CONSEQUENCES OF YOUR USE OF THE MATERIAL AT THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KIDS PREF LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW SUCH EXCLUSION.

LIMITATION OF LIABILITY
KIDSPREF LLC WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. KIDSPREF LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIAL AT THIS SITE, EVEN IF THERE IS NEGLIGENCE BY KIDSPREF LLC OR AN AUTHORIZED KIDSPREF LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. KIDSPREF LLC'S TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (INCLUDING WITHOUT LIMITATION, IN CONTRCT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

TERMINATION
These Terms and Conditions are effective until terminated by you or KidsPref LLC. You or KidsPref LLC. may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all material obtained from this site, and (b) all related documentation and all printouts. KidsPref LLC. may terminate this agreement and deny you access to this website immediately without notice if, in KidsPref LLC’s sole judgment, you have breached any of these Terms and Conditions.

MISCELLANEOUS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms and Conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes may be provided to law enforcement authorities at the sole discretion of KidsPref LLC. These Terms and Conditions, and the Privacy Policy contain the entire agreement between the parties relating to the use of this site. KidsPref LLC products and services are available in many parts of the world; however, this site may describe products and services which are not available worldwide.

KidsPref LLC. INTELLECTUAL PROPERTY
and Pouchie Pals, Pouchie Pals bear logo, Pouchie Pals: Ice Hero (and logo), Pouchie Pals: Dream Whisperer (and logo), Pouchie Pals: Memory Keeper (and Logo) are registered trademarks of KidsPref LLC. Kids Pref LLC also owns the following trademarks: PouchiePals.COM, the "look and feel" of this website and Pouchieology. Unauthorized use or copying of KidsPref LLC.'s intellectual property, including this website, or Kids Pref LLC's trademarks, logos, pictures, or names is prohibited by law. KidsPref LLC has taken and will continue to take vigorous legal action against those who have participated directly or indirectly in intellectual property infringement. Anyone having information concerning any unauthorized use of KidsPref LLC’s intellectual property is urged to contact KidsPref LLC at 745 Fifth Avenue, 30th Floor, New York, NY 10151 Attn.: Legal Dept.

THIRD PARTY INTELLECTUAL PROPERTY
KidsPref LLC. expects you to respect its copyright and trademark rights, as well as the copyright and trademark rights of others. You may not post on our website unauthorized copies of third parties' works. If you are a copyright or trademark owner and you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact us at customerservice@kidspref.com.

Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).