Last Updated: January 23, 2018
We may revise these Terms in our sole discretion, and the most current version will always be posted on the Website at www.YounIQkids.com. If, in our sole discretion, we deem a revision to be material, we will notify you. By continuing to access or use the Website after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Website.
The Website provides an internet-based venue for the sale and purchase of personalized (children’s) books. Services and products offered may change at any time. These Terms apply generally to all types of Website users, except where a single user type is specifically referenced.
How Products are Offered. The Website allows you to browse and purchase products offered for sale by YounIQ. All sales are final, non-cancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by YounIQ in our sole discretion. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products and provision of services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Prices, descriptions, options, products and services are subject to change at any time without notice, at our sole discretion.
Payment Terms. If you purchase products via the Website, payment will be debited from the credit card account you provide upon checkout. Credit card processing services for users of the Website are provided by third party service providers and are subject to their terms of service.
Return and Refund Policy. The products sold on the Website are personalized, and as such all sales are final, non-cancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by YounIQ in our sole discretion. When you purchase a product through the Website, you agree that, except as otherwise specified in this paragraph, you are liable to YounIQ for the full amount of the payment plus any fees if the payment is later invalidated for any reason. You are responsible for all chargebacks, reversals, fees and other liability incurred by YounIQ caused by or arising out of your breach of these Terms. You agree to reimburse YounIQ for any and all such liability.
YounIQ will replace defective or damaged products, including the shipping cost of such products, provided that You notify us promptly (but no later than 14 days after receipt of such product) by emailing us at hello@YounIQkids.com. We may require you to submit proof of defect or ship back the defective product, at our discretion.
If you submit product reviews, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any reviews that you submit to us. We are and shall be under no obligation to (1) keep any reviews confidential; (2) pay compensation for any reviews; or (3) respond to any reviews.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
You agree that your reviews will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your reviews will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any reviews. You are solely responsible for any comments and reviews you make and their accuracy. We take no responsibility and assume no liability for any reviews posted by you or any third party. We reserve the right to remove any reviews for any reason at our sole discretion.
Accessing the Website
We reserve the right to withdraw or amend the Website at any time, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict or block access to the Website. You agree to notify us of any breach of security that you become aware of involving or relating to the Website as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Website.
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Website (the “Content”) or that may be printed and sold as a personalized book are protected intellectual property of, or used with permission or under license by, YounIQ. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Website, copyrighted and protected as a collective work. All intellectual property rights associated with the Website, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Website. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Website is strictly prohibited.
We grant you a limited license to access and use the Website and its Content for personal, informational and shopping purposes. No Content from the Website may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Website or the Content.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
222 W. Merchandise Mart Plaza #1212
Chicago, IL 60654
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You may use the Website only for lawful purposes and in accordance with these Terms. In connection with your use of the Website, you agree:
- Not to violate any applicable federal, state, local or international law or regulation.
- Not to send unsolicited or misleading messages, or otherwise use the Website to send messages.
- Not to (or attempt to) exploit, harm, or collect the personal information of minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- Not to impersonate or attempt to impersonate YounIQ, a YounIQ employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- Not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm YounIQ or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose without the express permission of YounIQ, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the express permission of YounIQ.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ALL PRODUCTS PURCHASED FROM THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ALL PRODUCTS PURCHASED FROM THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YOUNIQ NOR ANY PERSON ASSOCIATED WITH YOUNIQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER YOUNIQ NOR ANYONE ASSOCIATED WITH YOUNIQ REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR THE PRODUCTS SOLD ON THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOUNIQ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
In no event will the collective liability of YounIQ, its affiliates or their licensors, service providers, employees, agents, managers, officers or directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed $100. In no event will YounIQ, its affiliates or their licensors, service providers, employees, agents, managers, officers or directors be liable for indirect, special, incidental, consequential or punitive damages, including but not limited to, pain and suffering, emotional distress, reputational harm, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless YounIQ, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to services and products, other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Except as otherwise specified herein, all matters relating to the Website, the services, products and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by YounIQ of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YounIQ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the sole and entire agreement between you and YounIQ with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, except to the extent such terms are contained in a written contract between YounIQ and a service provider.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website, services and products should be directed to Support@YounIQkids.com.