Terms of Use

Welcome to baccikid.com (the "Website"), operated by Bacci Kid. We offer a platform that lets users purchase clothing and artwork and view videos and other artistic works created by us. By using the Website or contracting with us for products, you agree to be bound by these Terms of Use. We may modify these Terms from time to time, and any modification is effective when posted. Your continued use signals your agreement.

Term

These Terms of Use remain in full force and effect for the entire time you use the Website.

Use of the Website

The Website and all purchases are intended for adults who are at least 18 years old. Bacci Kid creates books, art, products, and interactive experiences designed for children of all ages, but the Website is operated for parents, guardians, teachers, and adult customers. If you are under 18, you represent that you have permission from your parent or guardian to use the Website, and a child may use the free interactive experiences only with the involvement and supervision of a parent or guardian. Any account, order, or payment must be created and made by an adult. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws of the territory from which you access it.

Children’s Privacy

Accounts

It is free to register and create an account. Some services require registration, although you can order products without an account. If you create an account, we will ask for certain personal information including your name, email address, phone number, and shipping or billing address. You are responsible for keeping your username and password safe, and you must notify us immediately if you suspect your account information has been compromised. Unless we are notified, we will deem any activity on your account to have been performed or consented to by you.

Communications

Upon registering for an account, you consent to receive newsletters, marketing, and other emails from Bacci Kid. You may opt out of any emails from us, except emails related to product purchases and returns, by following the instructions in those emails or by updating your account settings.

Payment

Payments for products may be made directly through the Website. If you pay through the Website, we will require your credit card number and billing information. Payments made through PayPal are governed by the PayPal terms of use and privacy policy, and we strongly recommend you review those policies before transacting through PayPal. If you order art printed on canvas, your order will be fulfilled and shipped by our partnering manufacturer, and your payment and shipping information will be sent to them for order fulfillment.

Returns and Refunds

Bacci Kid accepts returns of clothing within 14 days of the date of receipt. Should you wish to return or exchange clothing for any reason, then you will be responsible for return and re-sent order shipping costs. For more information, see our Refund Policy. All books and digital download sales are final.

Product Appearance

We make every effort to display products on the Website the way they will look in person. However, we cannot control environmental factors such as lighting and color, so the final product you receive may not look exactly like the product shown. Bacci Kid is not responsible if you are dissatisfied once you receive the product, although we will provide a refund subject to our Refund Policy.

Availability

We attempt to keep the Website updated based on current and pending inventory, but there may be times when items are not available. If you place an order and we discover an item is unavailable, we will notify you and give you the option of waiting for the item or cancelling and receiving a refund for the unavailable items. We reserve the right, in our sole discretion, to add, remove, or modify the items available for purchase.

Pricing

We reserve the right, in our sole discretion, to change the prices of any item listed on or through the Website. Please check the Website for the most up-to-date pricing.

Promotions and Contests

From time to time we may hold contests or promotional events through the Website. Any contest or promotion rules will be displayed on the Website and are subject to change at any time. We reserve the right to cancel or amend the terms of any promotion or contest.

External Links

The Website may provide links to other websites we do not maintain or control. While we may receive payment from companies whose products we endorse or recommend, we expressly disclaim responsibility for the content, copyright compliance, accuracy, and quality of goods or services on any linked sites, and we will not be liable for any loss or damage in connection with the use of or reliance on any linked sites.

Ownership and License

Except as otherwise stated, the Website and the information, computer code, and related functionality appearing on the Website, including all videos, artwork, characters, frames, designs, and other creative works, are owned by Bacci Kid, its affiliates, and their respective licensors or other third parties, and are protected under copyright, trademark, and other laws of the United States and other countries and international treaties. We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms and the instructions we provide on the Website. The material on the Website is for personal, non-commercial use only. Except as explicitly permitted, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download, unless you first obtain our written consent. Any rights not expressly granted are reserved. You may not remove, obscure, or deface any proprietary notice, credit line, or watermark appearing on the Website or on any content, including downloads and keepsakes.

Coloring and Personal Use

User Content

You are solely responsible for any message or other information ("Content") that you submit to Bacci Kid through the Website or any other method, and you agree that all Content will be original and created by you, or that you have permission to reuse it. You grant us a non-exclusive, irrevocable, perpetual license to use that Content in any form or manner we determine, including the right to modify, edit, perform, and otherwise use the Content. You agree to use the Website consistent with all applicable laws. We reserve the right to review and, if necessary, refuse to post Content that in our sole judgment would violate these Terms or that may be offensive, illegal, or violate the rights of others. Prohibited Content includes Content that:

• is patently offensive or promotes racism, bigotry, or hatred, or promotes violence against any group or individual;
• harasses or advocates harassment of any group or individual;
• involves the transmission of junk mail, chain letters, or spam;
• is known to be false or misleading, or promotes illegal activities;
• promotes an illegal or unauthorized copy of another’s copyrighted work;
• contains restricted or password-only pages, or hidden pages or images;
• provides material that is sexual in nature;
• provides instructional information about illegal activities; or
• solicits passwords or personal identifying information for commercial or unlawful purposes.

Bacci Kid does not require children to submit content, and the interactive features do not collect it. This clause applies to any voluntary adult submissions.

Disclaimer of Warranties

BACCI KID MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation on Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED, IT IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE AT ISSUE.

Indemnification

You agree to indemnify and hold harmless Bacci Kid, its subsidiaries, affiliates, officers, agents, representatives, employees, and other partners from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or products.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any legal action related to these Terms or your use of the Website shall be brought in the state or federal courts for Westchester County, New York, and you agree to submit to the sole and exclusive jurisdiction and venue thereof.

Contact

Questions about these Terms may be sent to Baccikid@gmail.com.