Terms of Use

1. ACCEPTANCE OF TERMS

Kidzdudz provides an online resource for shippers and receivers to transfer gently used children’s clothing subject to the following Terms of Use ("TOU"). By using Kidzdudz in any way, you are agreeing to comply with the TOU. In addition, when using particular Kidzdudz services, you agree to abide by any applicable posted guidelines for all Kidzdudz services, which may change from time to time.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Kidzdudz in any way, your only recourse is to immediately discontinue use of Kidzdudz.  Kidzdudz has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

6. PRIVACY AND INFORMATION DISCLOSURE

Your use of the Kidzdudz website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Kidzdudz may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Kidzdudz, its users or the general public.

11. LIMITATIONS ON SERVICE

You acknowledge that Kidzdudz may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Kidzdudz has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Kidzdudz reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Kidzdudz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION OF SERVICE

You agree that Kidzdudz, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Kidzdudz believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Kidzdudz shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination. 

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Kidzdudz BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Kidzdudz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Kidzdudz SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Kidzdudz SITE OR THE SERVICE, FROM INABILITY TO USE THE Kidzdudz SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Kidzdudz SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Kidzdudz SITE OR THE SERVICE OR ANY LINKS ON THE Kidzdudz, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Kidzdudz SITE OR THE SERVICE OR ANY LINKS ON THE Kidzdudz SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.