Welcome to the Wonder Kits website (the “Website”). We hope you will enjoy it!
PLEASE REVIEW THIS USER AGREEMENT CAREFULLY. The following terms govern your use of the Website.
The Website is owned and operated by Dallas Afterschool, Dallas Afterschool” or “us” or “we”). This User Agreement (the “User Agreement”) is a contract between you and Dallas Afterschool and applies to all users of the Website. In this User Agreement “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian. Unless otherwise stated, “Wonder Kits”, “Dallas Afterschool”, “we” or “our” refers to Dallas Afterschool and its successors and assigns.
Users of any age may access the Website, but in compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user’s parent or guardian approving the collection of that user’s information and such user’s registration on the Website where registration is required. If you register on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.
READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS USER AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE AND SHOULD EXIT THE WEBSITE NOW.
AMENDMENTS
We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use the Website so that you will understand the terms applicable to your access and use of the Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. By continuing to use the Website after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Website.
PRIVACY POLICY
Our Privacy Policy (as currently posted on the Website and as may be amended by us) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. If you do not agree to our Privacy Policy, you may not continue to access or use the Website.
Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.
PAYMENTS
When you purchase a Wonder Kit subscription or a product through the Website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed in advance of the date your monthly package or product ships in order for us to process the shipment.
We offer monthly subscriptions (“Monthly Subscriptions”), auto-renewing three, six or twelve month subscriptions (“Auto Renewing Subscriptions”) and one-off product sales (“Product Sales”).
Monthly Subscriptions will continue until the subscription is fulfilled or you elect to cancel your subscription. We will bill your Payment Method each month for the following month. You may elect to cancel your Monthly Subscription by emailing our Customer Care Team at info@wonderkits.org. Cancellation must occur by the 22nd of the month if you do not wish to receive the following month’s shipment.
Auto-renewing Subscriptions will continue for the initial term and then will automatically renew for successive periods generally equal to the initial term of the subscription. For example, a three month subscription will renew at the end of the three months for an additional three month period. Each Auto-renewing Subscription will renew at the subscription rate in effect at the time of renewal. You may not cancel an Auto-renewing Subscription prior to the end of the subscriptions’ then current initial or renewal term. However you may cancel the auto-renewal feature of the subscription by emailing our Customer Care Team at infor@wonderkits.org. To be effective with respect to a renewal, your cancellation of the auto-renewal feature must take place no later than the 22nd of the month prior to the first month of the scheduled renewal term. You are responsible for all renewal charges incurred unless you cancel the auto-renewal feature by the 22nd of the month prior to the first month of the scheduled renewal term.
In order to continue your Monthly Subscription, renew your Auto-renewing Subscription or complete a Product Sale, you authorize us to charge your Payment Method for the payment due. This will continue until you notify us that your Payment Method account is no longer valid.
RETURNS
We do not accept returns of its monthly packages or products. However, if a package or product you received was damaged or incomplete, please email our Customer Care Team at info@wonderkits.org for resolution. Resolution may include shipment of a replacement package or product, an extension of your subscription or similar corrective actions.
LINKS TO OTHER WEBSITES
The Website may include links to other websites owned and/or operated by Dallas Afterschool. Such sites are not part of the Website, and each has its own user agreement that you must agree to in order to use that website.
The Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of Dallas Afterschool and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website is governed by its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links. Wonder Kits/Dallas Afterschool takes no responsibility for your use of any such site and shall not have any liability for events arising from your use of such third party or other websites. Dallas Afterschool ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THE WEBSITE.
COMMUNICATIONS; NOTIFICATIONS
You acknowledge and agree that all communications and documents between you and Wonder Kits/Dallas Afterschool with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Wonder Kits/Dallas Afterschool shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.
OWNERSHIP OF INTELLECTUAL PROPERTY
All products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, user submitted materials, digital images, software including all derivative works, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Wonder Kits/Dallas Afterschool Materials”) are the intellectual property of Dallas Afterschool, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any Wonder Kits/Dallas Afterschool Materials on any other website or networked computer environment is prohibited.
LICENSE GRANT
This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use so long as any display of any Wonder Kits/Dallas AfterschoolMaterials shall be in their entirety including any adjoining or embedded advertisements or other visual elements. Any attempts to otherwise access or display the Wonder Kits/Dallas Afterschool Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the Wonder Kits/Dallas Afterschool Materials, in whole or in part. You may not make any modifications to any Wonder Kits/Dallas Afterschool Materials other than as expressly permitted by us or the applicable Licensor.
USER CONTENT
You may be permitted to send us materials, information, suggestions, feedback and other submissions through the Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, excluding any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Wonder Kits/Dallas Afterschool or otherwise posted on the Website shall be deemed to be, and shall remain, the property of Wonder Kits/Dallas Afterschool. You hereby irrevocably assign to Wonder Kits/Dallas Afterschool free of charge all of your worldwide right, title and interest in and to such User Content, and waive any “moral” or author’s rights or other rights in and to such User Content, in whole or in part. Without limiting the foregoing, Wonder Kits/Dallas Afterschool shall exclusively own all now known or hereafter existing rights, of any and all types and in any all geographic locations, in and to all User Content, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Wonder Kits/Dallas Afterschool, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere in the world, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. None of the User Content shall be subject to any obligation of confidence on the part of Wonder Kits/Dallas Afterschool, and Wonder Kits/Dallas Afterschool shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, Wonder Kits/Dallas Afterschool may, but is not obligated to, use and publish the User Content at the Website or elsewhere for any purpose.
Notwithstanding the above, you are responsible for all User Content posted by you, and Wonder Kits/Dallas Afterschool does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. Wonder Kits/Dallas Afterschool does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Wonder Kits/Dallas Afterschool retains the right, but has no obligation, to review, edit or delete any User Content that Wonder Kits/Dallas Afterschool deems to be illegal, offensive, or otherwise inappropriate.
CONTESTS AND PROMOTIONS
From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on the Website. In order to participate in the contest or promotion, you will be required to agree to the posted rules and regulations applicable to such contest or promotion.
RESTRICTIONS ON USE
We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for the content of any material you enter on the Website. Users of the Website must not: use the Website in such a way as to offend or interfere with the use by anyone else of the Website; sell, trade or barter any items through the Website; upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy; reveal personal information to other users online; attempt to circumvent the security systems of the Website; attempt to gain access to or use the Website in a fraudulent manner; attempt to gain access to any other user’s Accounts; attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Website or any other website, or by e-mail communication; attempt to harvest or otherwise collect information about other users without their consent; attempt to use the Website for any purposes other than the purposes intended by Wonder Kits/Dallas Afterschool; or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the Wonder Kits/Dallas Afterschool Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Wonder Kits/Dallas Afterschool or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Wonder Kits/Dallas Afterschool or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
DMCA NOTICE
Wonder Kits/Dallas Afterschool believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Website, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signatur
e of a person authorized to act on behalf of the copyright owner; B. Identification of the copyrighted work that you claim has been infringed; C. Identification of the material that is claimed to be infringing and where it is located on the Website; D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address; E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Dallas Afterschool
3900 Willow Street, Suite #110, Dallas, Texas 75226
email: info@wonderkits.org
DISCLAIMERS
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE WEBSITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH WONDER KITS/DALLAS AFTERSCHOOL’’S CUSTOMER SERVICE DEPARTMENT OR A WONDER KITS/DALLAS AFTERSCHOOL REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
WE MAKE NO WARRANTY THAT (I) THE WEBSITE AND/OR THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, THE WEBSITE OR THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE UNDERLYING THE WEBSITE AND THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS OR IN THE WEBSITE OR THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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 MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE LICENSORS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE WONDER KITS/DALLAS AFTERSCHOOL MATERIALS OR LINKED CONTENT, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, WONDER KITS/DALLAS AFTERSCHOOL IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $100.00.
INDEMNITY
By accepting this User Agreement and using the Website, you agree to indemnify and otherwise hold harmless the Licensors, including but not limited to Wonder Kits/Dallas Afterschool, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the Wonder Kits/Dallas Afterschool Materials; ii) unauthorized access to or alteration of your communications with or through the Website and/or the Wonder Kits/Dallas Afterschool Materials, or iii) any other matter relating to the Website and/or the Wonder Kits/Dallas Afterschool Materials. Any business transactions which may arise between users from their use of the Website and/or the Wonder Kits/Dallas Afterschool Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
GOVERNING LAW
This User Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Website resides in the courts of the State and County of Dallas, TX and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
The Website is offered by Dallas Afterschool from the United States of America. We make no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
GENERAL PROVISIONS
This User Agreement, our Privacy Policy, our FAQs and our other published policies contain the entire understanding between you and Wonder Kits/Dallas Afterschool in connection with the Website and the Wonder Kits/Dallas Afterschool Materials and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written, between you and Wonder Kits/Dallas Afterschool with respect thereto. If any provision of this User Agreement is found to be illegal, void or unenforceable, then such provision shall fall out and the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. The relationship between you and Wonder Kits/Dallas Afterschool and/or any other Licensor is that of independent contractors and nothing herein shall be deemed or construed to create any other type of relationship. This User Agreement may not be assigned by you.
Effective Date: XXX, 2015.
