TERMS OF USE

kidpik corp, (“kidpik”, “we”, “us”, or “our”) is a girls’ fashion retailer whose mission is to take the guesswork out of shopping while delivering consistently beautiful clothes and accessories. Our stylists customize boxes for your girl containing complete, beautiful and fashionable outfits, mix and match tops, bottoms, footwear and accessories (the “Products”) that are delivered to your door. In addition, kidpik sells a selection of individual items. The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us, and govern your use of the websites located at www.kidpik.com, www.kidpikbasics.com and our mobile sites (collectively, the “Sites”), and the services offered through the Sites and any orders that you place (collectively, the “Services”).

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

THE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the change(s) on this page and will indicate at the bottom of this page the date these terms were last revised. If we make any material changes, we will notify you, either through the Services user interface, by sending you an email to the last email address you provided us or through other reasonable means including posting the changes to this page. Any material changes will become effective no earlier than fourteen (14) days after they are posted, except changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Use. PLEASE REGULARLY CHECK www.kidpik.com/terms-of-use/ TO VIEW THE THEN CURRENT TERMS OF USE.

TYPES OF USERS

You may simply browse the Services as a visitor or you may create an account (“Account”) and register with us to become a “Client”. You must be a Client to order shipments.

ACCOUNTS

To become a Client, you must provide your email address and other registration information and select a password (“Account Information”), which you may not transfer to or share with any third parties. You represent and warrant that: (a) all required Account Information you submit is truthful and accurate; and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about what you do and don’t like in order to establish your style profile (“Style Profile”). In order that the Services work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all action we deem necessary to ensure the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested a shipment (defined below), we reserve the right to take steps to cancel that request.

SHIPMENTS, RETURNS & EXCHANGES

Shipments. When you sign up for a kidpik customized box shipment, we will send you Products chosen by kidpik. You will be able to try them on in your own home and see what you like. You can decide to keep all, some or none of the Products in the shipment, and we will charge you for the items you keep as described in the Payment section (below). If you order individual items directly from the Sites, your credit card will be authorized and charged for the full order amount when the order is processed.

Scheduling. If you are a Client, you may select your shipment frequency through the Services. If you order any customized box shipment, whether manually or automatically, you authorize us to charge you for the shipment in accordance with these Terms of Use. As explained in the Payment section, you are responsible to pay for any Products that are not returned in accordance with our policies. These Terms of Use will govern any shipment. We may refuse to ship to any address for any reason, including because it is outside the geographic area that we serve (currently only the 48 Contiguous United States), or it is to an address that we determine has a history of fraudulent purchases, or for any other reason at our sole discretion. kidpik will not be responsible for shipments indicated as “delivered” by our carriers, where Client denies receipt. Client is responsible to ensure shipping address provided is correct and accurate. kidpik will not be responsible for shipments where Client inadvertently provided the incorrect shipping address.

Returns / Exchanges. If you want to return or exchange any of the unworn Products in your shipment, simply place them in the return envelope we provide and mail them back to us at no cost to you. All returned Products must be postmarked no later than seven (7) days after you receive the package (the “Return Date”). We will assume that you have chosen to keep the Products in the shipment that you do not return to us by the Return Date, and we will charge your Account for those Products any time after that date. In addition, Client is required to log in to their account and checkout by indicating which Products they would like to keep and which items are being returned or exchanged. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner prior to the Return Date and may be granted at the sole discretion of kidpik. Products must be returned unworn, unwashed and in the original condition. Unfortunately, we cannot guarantee that you will be able to exchange or replace any Product. After a Product is purchased, it may be returned or exchanged in an unworn, unwashed and in new condition within seven (7) days of the Return Date. Refunds will not be granted on returns initiated after seven (7) days of the Return Date and will be mailed back to Client at their own expense or merchandise will be forfeited. Returns for purchases made on individual items directly on our Sites are subject to a fourteen (14) day return window and are not eligible for free pre-paid returns. Client is responsible for all return shipping and processing fees associated with their returned parcel.

PAYMENT

Within seven (7) days of receiving your shipment, we request that you purchase through our Services any Products you would like to keep and return any Products you don’t want. To pay for an order, you will need to provide kidpik with the information necessary to process an order from you, including your shipping address and billing information. You may pay for any Products from your order via credit card or other payment method then available on the Services. Your payment method may be authorized at time of subscription and or at the time of shipment in partial or complete retail value of the order to confirm the payment method is active or available. The authorization will be reversed immediately or at a later date, at our sole discretion. You will be charged for the Products you choose to keep either during checkout or at a later date. Individual items purchased directly on our Sites will be authorized and charged at time of processing. If you have a credit in your Account at the time of purchasing Products, the credit will be applied before charging your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

PRICING AND PRODUCTS

You are responsible for paying for all Products in your shipment, whether they conform to your Style Profile or not, unless you return the Products in accordance with our return policy. You are responsible for the payment of any state and local sales taxes that apply to your order or shipment where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible to pay the applicable use taxes.





REFERRAL PROGRAM

GENERAL OVERVIEW
To participate, you must be a Registered Member in good standing order with kidpik. Simply refer friends who have not previously made a purchase from kidpik by completing the Referral form with your friends email addresses or sharing with your friends on social media. Each new member you refer will receive $15 off their first kidpik box purchase of $40 or more.
For each Referred friend who makes a qualifying purchase of $40 or more, you will receive a $15 credit toward your next kidpik box. Referral Credits will only be issued on transactions made thru the original link you shared with your friends.
Multiple Referral Credits may be used in a single transaction; however, Referral Credits cannot be combined with any other discounts, promotions or offers.
By participating in the Referral Program, you are accepting the kidpik.com Privacy Policy and Terms.
The section below should be added to the kidpik.com terms page

REFERRAL PROGRAM TERMS AND CONDITIONS
These are the Terms and Conditions applicable to the kidpik Referral Program (the “Program”). Under the Program, kidpik offers its Members the opportunity to provide their friends, family, or other individuals (“Prospective Members”) with a unique referral ID link (“Personal Link”) that a Prospective Member can use to sign up for kidpik services (“Membership”). For each Qualified Referral (defined below) generated through the Member’s Personal Link, the Member may receive a kidpik credit (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.

Members and Prospective Members that wish to take part in the Program are bound by these Terms. If you do not agree to and abide by these Terms in their entirety you are not authorized to participate in the Program. Members and Prospective Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and the methods through which any Credits may be earned. We reserve the right to disqualify any Member or Prospective Member at any time from participation in the Program.

Children: No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

PRIVACY
Prospective Members that wish to use a Member’s Personal Link must submit personal information about themselves, such as name and e-mail address information, so that the Company can track the Member’s Personal Link to their account and prescribe them the Credit. The personal information will be collected, processed and used in accordance with the Company's Privacy Policy. In addition, personal information provided by the Prospective Member may be used by the Company or its service provider, on Company's behalf, to contact Members and/or Prospective Members in regard to their participation in the Program and to receive e-mail communications from Company about its Products and Services. The Company may send out additional follow-up communications to either the Member or Prospective Member to encourage or remind them to refer more Prospective Members or to complete the registration process. By participating in the Program, Members consent to receiving such communications by email.

HOW THE PROGRAM WORKS:

  1. Program Participation
    Generally: To participate, a Member shall provide the Prospective Member with the Member’s Personal Link. The Prospective Member must click on the Personal Link and complete the sign up in the same session. If the Prospective Member does not complete the sign up in the same session, the Member will be not be credited for that referral and will not be eligible for the Credit, even if the Prospective Member subsequently signs up for a Membership. For purposes of clarification, completion of sign-up in the same session means clicking the Personal Link provided by Member and completing kidpik sign-up within a reasonable period of time and without the Prospective Member closing their Internet browser or pressing the back button.
  2. Eligible Member
    To be eligible for Program and to receive Credits, a Member must:
    1. Be a legal resident of the United States;
    2. Be at least 18 years old;
    3. Have provided the Prospective Customer with their correct unique Personal Link; and
    4. Have a Membership account in good standing with kidpik.
    5. Employees of kidpik, its service providers or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
  3. Making a Referral
    1. Members can refer Prospective Members by giving their Personal Link to the Prospective Member. Once a Prospective Member uses a Member’s Personal Link and successfully completes the signup process on kidpik.com, and makes a purchase with the required threshold, the Member may receive a communication from the Company confirming that the Prospective Member has signed up. The confirmation communication to the Member shall include some of the Prospective Member’s personal information provided to Company such as name and email address. A Member’s failure to receive such a confirmation communication means that the Prospective Member failed to complete the signup process (during the same session, or at all) and no Credit will have been earned. The Member and/or the Prospective Member may email Company any comments or questions in regard to a failed referral, but whether to award Member the Credit shall be at kidpik's sole discretion. Prospective Members must satisfy the requirements of these Terms and Conditions and consent to receiving communications from kidpik. Members may not refer themselves.
    2. For purposes of emphasis and clarification, by using a Personal Link, a Prospective Member acknowledges and affirms his/her understanding that some of his/her personal information, including but not limited to his/her name and email address, may be sent to the Member who provided the Personal Link as confirmation of the Prospective Member’s successful referral and sign-up with kidpik. Accordingly, kidpik strongly advises that Prospective Members only use a Personal Link they receive from someone whom they personally know and trust. For their own security, Prospective Members should not use a Personal Link if they receive it from an unknown, untrusted, or public source, such as an Internet forum.
  4. Qualified Referrals
    A Qualified Referral means that all the following conditions are met:
    1. The Prospective Member completed the registration process for a Membership using the Member’s Personal Link. If a Prospective Member registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded a Credit;
    2. The Prospective Member was not previously registered with the Service under any other email address or alias; and
    3. The Prospective Member is a) at least 18 years old; b) meets the eligibility requirements to become a kidpik Member; and c) has consented to receiving communications from kidpik.
  5. Earning Credits Member shall receive Credits for each verified Qualified Referral generated through the Member’s Personal Link. The actual Credit will be determined by kidpik in its sole discretion as specified by kidpik. Such credit may only be applied in the amount specified by kidpik towards the Member’s purchase of a future kidpik box purchase. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by kidpik and it is in the sole discretion of kidpik as to the legitimacy and validity of such Qualified Referral.
  6. Verified Qualified Referrals All Credits are subject to verification. kidpik may delay a Credit for the purposes of investigation. kidpik may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or kidpik believes will impose potential liability on kidpik beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. kidpik may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond kidpik 's control. kidpik is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of kidpik 's decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
  7. Value of Credit Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. kidpik may cancel, amend or revoke the Credit at any time for any reason.
  8. Transfer of Credits Credits are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Member are forfeited.

ADDITIONAL PROGRAM CONDITIONS:
By participating in the Program, both Members and Prospective Members agree:

  1. To be bound by these Terms and Conditions, the decisions of kidpik and its designees (including the any possible service providers), and the Privacy Policy of kidpik;
  2. To receive communications from kidpik from time to time.
  3. That kidpik shall not be liable for late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;
    1. Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials;
    2. Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to kidpik at the relevant time;
    3. Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
    4. Claims and demands made, and damages sought in disputes between users of the Program.

DISCLAIMERS:

  1. kidpik disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the kidpik's control, corrupt the administration, security or proper play of the Program.
  2. kidpik shall not be liable to any Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.
  3. kidpik reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

CONDUCT:

  1. Prohibited Conduct, Generally.
    Members agree not to use the Program to:
    1. Violate applicable law;
    2. Stalk, harass, or harm another individual;
    3. Collect or store personal data about other Members;
    4. Impersonate any person or otherwise misrepresent Member's identity;
    5. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
    6. Interfere with another Member's use of the Program;
    7. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
    8. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
    9. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
    10. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
    11. Submit personal information relating to third parties to the Program without the consent of those third parties.
  2. Bulk Distribution ("Spam").
    1. If a Member provides a Personal Link to a Prospective Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Prospective Member represents that he/she has given consent to kidpik to send Member his/her personal information such as full name and email address.
    2. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in kidpik's sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s account and deactivation of the Personal Link. We have a zero-tolerance spam policy.
    3. kidpik has no obligation to monitor the content provided by Members; however, kidpik may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
  3. Fraudulent and Suspicious Behavior
    1. kidpik may prohibit a Member from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Member, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of kidpik.
    2. Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.
    3. Members may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
      iv. kidpik reserves the right to disqualify any Member and/or cancel any Credit(s) if they determine a Member has tampered with the operation of the Program or violated these Terms and Conditions.
      kidpik reserves the right to suspend, disqualify or terminate any Member’s or Prospective Member’s participation in the Program and forfeit any Credits or credits earned if the Member or Prospective Member is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section. If Members have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and kidpik is unable to find a solution to restore the integrity and credibility of the Program, then kidpik may in its sole discretion cancel, change or suspend the Program.

CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. KIDPIK RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.

OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Our Technology”) and the materials, information and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of kidpik or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, create derivative works of or otherwise use Our Content and any Marks from Our Content or Our Technology. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

CONTENT GUIDELINES

Please use good taste in any and all content you post to our Services, in our forums, comments to our blog, or on any other page or website related to kidpik, including text, links, images and videos, other than Our Content (“Your Content”). We reserve the right, but do not undertake an obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You acknowledge that we have no obligation to pre-screen Your Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. PLEASE MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICES THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us.

You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

GENERAL RULES OF USER CONDUCT

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempt to interfere with the proper functioning Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

RIGHT TO SUSPEND

kidpik reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of shipments at any time at our discretion including, as necessary to protect the security or operation of the Services.

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Services (including shipments) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

PRIVACY

We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Services you may be exposed to third party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY KIDPIK “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KIDPIK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICES AND PRODUCTS PURCHASED THROUGH THE SERVICES IS AT YOUR SOLE RISK.

We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue kidpik for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO COLLECT PAYMENT, FACILITATE THE FULFILLMENT OF ORDERS, AND PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (i) THE TOTAL AMOUNT OF YOUR ORDERS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, AND (ii) TEN DOLLARS (U.S. $10.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless kidpik, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products, or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

RELEASE

You hereby release kidpik, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services; or (ii) your purchase of any Products. You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.

COPYRIGHT VIOLATIONS

We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • 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; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our copyright agent for notice of claims of copyright infringement on the Services is:
Designated Agent: Copyright Agent, kidpik corp.
Address of Agent: 200 Park Ave South, New York, NY 10003
Telephone: (844) 4kid-pik, (844) 454-3745
Email: hello@kidpik.com

ELECTRONIC COMMUNICATIONS

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing the Services. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Chief Financial Officer kidpik corp, 200 Park Ave South, New York, NY 10003. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or $2,500.00. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of July Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Arbitration Agreement will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

Survival. This Arbitration Agreement will survive the termination of your relationship with us.

Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.

Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, NY for such purpose.

GENERAL TERMS

These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below.

SURVIVAL

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

NOTICE: VIOLATIONS

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to hello@kidpik.com or as otherwise expressly provided. Please report any violations of these Terms of Use to hello@kidpik.com

CONTACT INFORMATION

Customer Service, kidpik corp
200 Park Ave South, New York, NY 10003
hello@kidpik.com
(844) 4kid-pik, (844) 454-3745

Last updated February 23, 2017