TERMS AND CONDITIONS

Effective date: July 10, 2024

OVERVIEW This website is operated by Curious Together, LLC doing business as Kids Cartoon Academy. Throughout the site, the terms “we”, “us” and “our” refer to Curious Together, LLC and Kids Cartoon Academy. Curious Together and Kids Cartoon Academy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, subscribing, opting-in, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. THE VARIOUS WEBSITES AND APPLICATIONS OWNED AND OPERATED BY Curious Together and Kids Cartoon Academy, INCLUDING, WITHOUT LIMITATION, THE KIDSCARTOONACADEMY.COM WEBSITE AND DOMAIN NAME (“SITES”), THE COMMUNITY FOR KIDS HOSTED ON THE PLATFORM HEARTBEAT, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY KIDS CARTOON ACADEMY IN CONNECTION THEREWITH, INCLUDING ANY MOBILE APPLICATIONS OFFERED BY KIDS CARTOON ACADEMY (COLLECTIVELY, THE “SERVICE”).

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.

Our store is hosted on Kajabi and Heartbeat. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ACCEPTANCE OF TERMS.

By creating a Kids Cartoon Academy account, you’re agreeing to these terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by Kids Cartoon Academy. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Kids Cartoon Academy from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. You represent and warrant that if you are an individual, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit (including any details you submit for a parent or guardian) is accurate and truthful. Kids Cartoon Academy may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Kids Cartoon Academy or its partners on or through the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Only those 18 and older can make purchases from Kids Cartoon Academy and we have the right to change those prices at any time. We’ll be sure to give you advance notice if there is a difference for a recurring payment. You’re responsible for all additional charges associated with purchases (taxes, tariffs, exchange rates, etc.).

For paid services and products, you must provide Kids Cartoon Academy with a valid credit card to pay for such services and products. You acknowledge and agree that only an adult (18 years of age or older) can enter into any transaction or subscription with respect to such paid services and products. Some services and products may be available as a one-time purchase, and others can be purchased as a yearly or monthly subscription. Depending on where you transact with us and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates. Kids Cartoon Academy does not support all payment methods, currencies, or locations for payment. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We are not required to give you advanced notice of upcoming charges for recurring payments, nor are we required to refund you should forget to cancel your subscription.

If the payment method you use with us, such as a credit card, reaches its expiration date or otherwise stops working, and you do not edit your payment method, Kids Cartoon Academy may suspend your account.

From time to time, Kids Cartoon Academy may offer promotions or discounts on services and Products available through the Site. All promotions or discounts will be subject to any additional terms specified by Kids Cartoon Academy, and unless otherwise indicated, (i) promotions and discounts may not be combined (i.e., one promotion per order), and (ii) promotions may not be applied to the purchase of any gift cards. For subscriptions that are purchased with discounted or promotional pricing, following the expiration of the discount or promotion, the subscription will be charged at full price upon renewal.

Kids Cartoon Academy reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Kids Cartoon Academy may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Prices for our products, programs, memberships, and classes are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

I will give you advance notice of any changes to the schedule and if Kids Cartoon Academy does not hold class on a certain weekend, you will receive a pre-recorded lesson.

Not all live and pre-recorded classes are taught by Daniel Grissom. Other artists and educators will also teach classes.

If times of live classes permanently change, you will be given advance notice to cancel your subscription or change times to other available days and times.

SECTION 5 - PRODUCTS OR SERVICES

We reserve the right to limit the quantities of any class, membership, product, or services that we offer. All descriptions of class, membership, product, or services or class, membership, product, or services pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any class, membership, product, or services at any time. Any offer for any class, membership, product, or services made on this site is void where prohibited.W e do not warrant that the quality of any class, membership, product, or services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, ART POSTS, FEEDBACK AND OTHER SUBMISSIONS

If you or your child send or post specific comments, images, photos, artwork, videos, or other media or text on the site, via email , or in the Community for Kids, or if you or your child send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments, images, photos, artwork, videos, or other media that you forward to us. We are and shall be under no obligation (1) to maintain any comments, art, image or media in confidence; (2) to pay compensation for any comments, images, photos, artwork, videos, or other media; or (3) to respond to any comments, images, photos, artwork, videos, or other media. We may, but have no obligation to, monitor, edit or remove comments, images, photos, artwork, videos, or other media that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that you and your child’s comments or posts of text, images, photos, artwork, videos, or other media 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 and your child’s comments of posts of text, images, photos, artwork, videos, or other media 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 Service or any related 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 comments. You are solely responsible for any comments, images, photos, artwork, videos, or other media you or your child make and their accuracy, as well as any content you or your child post. We take no responsibility and assume no liability for any comments posted by you, your child, or any third-party.

SECTION 10 - PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy go to https://www.kidscartoonacademy.com/privacy-policy-28dc087c-511c-4aa8-ac41-45faaac2b8f9

SECTION 11 - NO EMERGENCY SERVICES.

You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“Emergency Services”). Kids Cartoon Academy, its affiliates or staff are in no way liable for such emergency calls or communications. By agreeing to these Terms of Use you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from the Service, traditional wireless or wireline telephone service and other means of communication intended for access to Emergency Services. You recognize and agree that Kids Cartoon Academy is not required to offer Emergency Services or access thereto pursuant to any applicable local and or national rules, regulation or law. You further acknowledge that Kids Cartoon Academy is not a replacement for your primary telephone service or any other means of communication.

SECTION 12- KIDS CARTOON ACADEMY AND SITE CONTENT.

You agree that the Service contains Content specifically provided by Kids Cartoon Academy or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Kids Cartoon Academy, or from the copyright holder identified in such Content’s copyright notice.

SECTION 13 - USER SUBMISSIONS.

We are not responsible for any of the content posted on Kids Cartoon Academy or on the Community for Kids hosted on Heartbeat; additionally, we don’t own the content and media you post on Kids Cartoon Academy or on the Community for Kids hosted on Heartbeat. When you post it, you’re giving us permission to copy and share it however we wish. We can remove any content from Kids Cartoon Academy and the Community for Kids,

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship, designs, know-how, ideas, inventions or other information or content, to the Services (“User Submissions”). By submitting User Submissions to Kids Cartoon Academy, by posting User Submissions on or at any of the Sites or otherwise through the Service, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you:

represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Kids Cartoon Academy (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
acknowledge and agree that: (i) without limiting the CC-BY-SA license granted by you with respect to your User Submissions, Kids Cartoon Academy shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) Kids Cartoon Academy will not be liable for any errors or omissions in any content; and (iv) Kids Cartoon Academy cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

You hereby grant Kids Cartoon Academy a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to Kids Cartoon Academy relating to the operation of the Service.

Kids Cartoon Academy does not endorse and has no control over any User Submission. Kids Cartoon Academy cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Kids Cartoon Academy has no obligation to monitor the Site, Service, Content, or User Submissions. Kids Cartoon Academy may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will Kids Cartoon Academy be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. Kids Cartoon Academy is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except (A) for any part of the Service which is licensed under an open source or similar license or (B) to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service except where license permits, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

SECTION 16 - REGISTRATION.

As a condition to using certain aspects of the Service, including but not limited to the Community for Kids hosted on Heartbeat, you will be required to register with Kids Cartoon Academy, enter the parent email, the parent first and last name, any child’s email that you want to receive notifications from Kids Cartoon Academy, and enter the child’s first and last name. You shall provide Kids Cartoon Academy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Kids Cartoon Academy account. You shall not (i) select or use as a Kids Cartoon Academy Username or email address a name or email of another person with the intent to impersonate that person; (ii) use as a Kids Cartoon Academy user email or a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Kids Cartoon Academy user name or email a name or email that is otherwise offensive, vulgar or obscene.

Kids Cartoon Academy reserves the right to refuse registration of, or cancel a Kids Cartoon Academy account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Kids Cartoon Academy login info and password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Kids Cartoon Academy in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

SECTION 17- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO EVENT SHALL KIDS CARTOON ACADEMY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) OR ANY PRODUCT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCTS OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Kids Cartoon Academy has no special relationship with or fiduciary duty to you. You acknowledge that Kids Cartoon Academy has no control over, and no duty to take any action regarding: which users gains access to Kids Cartoon Academy; what Content you access via Kids Cartoon Academy; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Kids Cartoon Academy from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Kids Cartoon Academy makes no representations concerning any content contained in or accessed through the Sites, and Kids Cartoon Academy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

EXCEPT FOR ANY SEPARATE WRITTEN WARRANTY THAT IS PROVIDED EXPRESSLY AND UNAMBIGUOUSLY FOR A SPECIFIC PRODUCT (WHICH, IF PROVIDED, WILL APPLY ONLY TO SUCH SPECIFIC PRODUCT, AND NOT TO OTHER PRODUCTS OR THE SERVICE GENERALLY), THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KIDS CARTOON ACADEMY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT AND PRODUCT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS IN ANY PRODUCTS OR SERVICES WILL BE CORRECTED; (C) THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY PRODUCTS IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): Kids Cartoon Academy MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Kids Cartoon Academy will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Kids Cartoon Academy’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

SECTION 18- INTERNATIONAL USE.

Kids Cartoon Academy makes no representation that the Content is appropriate or available for use in locations outside of the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

SECTION 19 - DISPUTE RESOLUTION.

Governing Law. This Platform (excluding any third party websites) is controlled by us from our offices in Tennessee, and these Terms shall be governed by, and construed in accordance with, the laws of the State of Tennessee without regard to the conflicts of laws principles.

Jurisdiction and Venue. By using our Platform, you consent to the jurisdiction of the federal and state courts serving Davidson or Hamilton County, Tennessee and the Parties agree that any legal proceeding arising out of or in connection with these Terms must be brought solely in the federal or state courts located in Davidson or Hamilton County, Tennessee. By using our Platform, you agree to waive objections based on the grounds of lack of jurisdiction or forum non-conveniens to the exercise of Tennessee federal and state courts’ jurisdiction over you.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Curious Together, LLC or Kids Cartoon Academy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION

Kids Cartoon Academy may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.

Kids Cartoon Academy complies with the Digital Millennium Copyright Act, described below. We never intend to steal or infringe anyone else’s work. If you feel Kids Cartoon Academy has infringed on your copyrighted material, please let us know by contacting our legal team noted below.

As Kids Cartoon Academy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Service violates your copyright, you may notify Kids Cartoon Academy in accordance with the following policy. The address of Kids Cartoon Academy’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Kids Cartoon Academy’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:

a physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
Identification of the copyrighted works or materials allegedly being infringed;
Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Kids Cartoon Academy is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is Kids Cartoon Academy’s policy:

to remove or disable access to the infringing Content;
to notify the Content provider, member or user that it has removed or disabled access to the Content; and
that repeat offenders will have the infringing Content removed from the system and that Kids Cartoon Academy will terminate such content provider’s, member’s or user’s access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the Content provider, member or user;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Kids Cartoon Academy is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Kids Cartoon Academy’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Kids Cartoon Academy’s discretion.

Please contact Kids Cartoon Academy’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Kids Cartoon Academy Attn: Legal 1303 Chamberlain Ave Chattanooga, TN 37404

[email protected]

SECTION 26 - REFUNDS

You may cancel your subscription on your own at any time from within your Members Portal. Any cancellations or refund requests made after 30 days of service will not qualify for a refund. Please contact us at [email protected] with any questions.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

Last Updated: July 10, 2024