TERMS AND CONDITIONS

Effective date: February 24, 2025

TERMS OF SERVICE

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. 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 (collectively, the “Service”), are subject to these Terms.

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, you may not access the Site 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 added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms 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 Site 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, 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 are 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 by this reference. You represent and warrant that if you are an individual, you are of legal age to agree to these Terms 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, at 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 and 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, viruses, or any code of a destructive nature. A breach or violation of any of these 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 these Terms. The Service (including, without limitation, any Content or User Submissions, as defined below) is provided only for your personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of these Terms, “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 (excluding credit card information) may be transferred unencrypted and may 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. 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 Site through which the service is provided, without express written permission from 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 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 that 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 individuals 18 years or older may make purchases from Kids Cartoon Academy, and we reserve the right to change prices at any time. We will provide advance notice if there is a difference for a recurring payment. You are 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. You acknowledge and agree that only an adult (18 years 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, while others may be purchased as a yearly or monthly subscription. Depending on where you transact with us and where your payment method was issued, your transaction may be subject to foreign exchange fees or pricing differences due to 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 provided 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 you forget to cancel your subscription.

If your payment method (such as a credit card) expires or otherwise stops working, and you do not update your payment information, 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 apply to the purchase of any gift cards. For subscriptions purchased with promotional pricing, after the promotion or discount expires, 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 these Terms, or change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) at any time by posting notice on the Site or by sending you an email. We 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 these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

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

We will give you advance notice of any schedule changes, and if Kids Cartoon Academy does not hold a class on a given 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 the times of live classes permanently change, you will be given advance notice to cancel your subscription or change to other available times.

SECTION 5 – PRODUCTS OR SERVICES

We reserve the right to limit the quantities of any class, membership, product, or service offered. All descriptions and pricing for classes, memberships, products, or services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any class, membership, product, or service at any time. Any offer for any class, membership, product, or service made on this Site is void where prohibited. We do not warrant that the quality of any class, membership, product, or service, 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, household, or order. These restrictions may include orders placed under the same customer account, credit card, and/or billing and shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our 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 information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

SECTION 7 – BILLING, REFUNDS, AND SUBSCRIPTION TERMS

Cancellation and Renewal:

  • All memberships renew automatically unless canceled before the next billing date. It is the member’s responsibility to cancel their subscription before renewal to avoid future charges.
  • We offer self-service account cancellation, allowing members to cancel their own subscriptions at any time from within their Members Portal. We do not send renewal reminders via email, except for annual plan renewals.
  • If a member contacts us via email requesting cancellation, we will provide instructions and direct them to the self-service cancellation link. This ensures members can cancel at their own convenience, on their own terms, and helps prevent miscommunication.

Missed Cancellations:

  • If you do not wish to continue your membership, you must cancel before the next payment date. Forgotten cancellations do not qualify for refunds, but you will retain full access to your membership until the end of the billing period.

Cancellation Assistance:

  • If you have any trouble canceling your subscription, please email [email protected], and we will be happy to assist you.

Loss of Access Upon Cancellation:

  • Upon cancellation, members immediately lose access to all membership content, including live classes, replays, the Draw Now Library, and community features.
  • If you would like extended access until the end of your billing period, please email [email protected], and we will provide it upon request.

Free Trial Terms:

  • For any programs offering a free trial period, no refunds or money-back guarantees are provided.
  • If you do not cancel your subscription before the end of the free trial period, you will be automatically enrolled in the paid subscription, and no refund will be available for the trial period.

Refund Policy for Non-Trial Programs:

  • Refund requests for programs that do not offer a free trial must be made within 30 days of the initial service and subscription creation.
  • This 30-day refund window applies solely to the first 30 days of the initial subscription and does not extend to any subsequent renewals.
  • Refund requests made after this 30-day period will not be eligible for a refund.

Courtesy Refunds:

  • Courtesy refunds beyond the 30-day refund window are rare, entirely at our discretion, and not guaranteed under any circumstances. If we extend a courtesy refund, it may be subject to a service fee of 10% or more.

Additional Billing Information:

  • You are responsible for providing accurate and up-to-date billing and account information.
  • It is your responsibility to update your payment information as necessary to avoid service interruptions.
  • Any changes in pricing, billing, or promotional terms will be clearly communicated where applicable.

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have neither 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 arising from or relating to your use of such optional third-party tools. Use of these tools is entirely at your own risk and discretion; you should ensure you are familiar with and approve of the terms provided by the respective third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including new tools and resources), which shall also be subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, and services available via the Service may include materials from third parties. Third-party links on this Site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party sites and do not warrant, nor assume liability for, any third-party materials, websites, or services. We are not liable for any harm or damages related to any transactions made on or through any third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, or questions regarding third-party products should be directed to the third party.

SECTION 10 – USER COMMENTS, ART POSTS, FEEDBACK, AND OTHER SUBMISSIONS

If you or your child post comments, images, photos, artwork, videos, or other media or text on the Site, via email, or in the Community for Kids, or if you submit creative ideas, suggestions, proposals, or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use such comments or media in any medium. We have no obligation to maintain confidentiality for any comments, pay compensation for them, or respond to them. We may, at our sole discretion, monitor, edit, or remove any comments or media that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violate any party’s intellectual property rights or these Terms of Service. You agree that your and your child’s comments or posts will not violate any third-party rights, including copyright, trademark, privacy, or personality rights, and will not contain libelous, abusive, or obscene material or any malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy and legality of any comments or media you or your child post. We assume no liability for any comments posted by you, your child, or any third party.

SECTION 11 – PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through the store is governed by our Privacy Policy, available at:

https://www.kidscartoonacademy.com/privacy-policy-28dc087c-511c-4aa8-ac41-45faaac2b8f9

SECTION 12 – NO EMERGENCY SERVICES

You expressly agree that the Service is not intended to support or carry emergency or time-critical calls or communications to any hospital, law enforcement agency, medical care unit, or any other emergency or time-critical service (“Emergency Services”). Kids Cartoon Academy, its affiliates, or staff are not liable for any such emergency calls or communications. By agreeing to these Terms, you acknowledge that additional arrangements must be made to access Emergency Services. To access Emergency Services, you are responsible for obtaining traditional wireless or wireline telephone service and other means of communication separately from the Service. Kids Cartoon Academy is not a replacement for your primary telephone service or any other means of communication.

SECTION 13 – KIDS CARTOON ACADEMY AND SITE CONTENT

You agree that the Service contains Content provided by Kids Cartoon Academy or its partners, which is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You must 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 without the express written consent of the respective owners or other valid rights holders and in any manner that does not violate any third-party rights.

You may download or copy Content from the Site for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing any Content for purposes other than personal, noncommercial use is expressly prohibited without prior written permission from Kids Cartoon Academy or the relevant copyright holder.

SECTION 14 – USER SUBMISSIONS

We are not responsible for any content posted on Kids Cartoon Academy or in the Community for Kids hosted on Heartbeat; we do not own the content and media you post on the Site or in the Community for Kids. When you post content, you grant us permission to copy and share it as we see fit. We may remove any content from the Site or Community for Kids at any time.

The Service may allow you to upload, submit, or otherwise post data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, works of authorship, designs, ideas, inventions, or other content (“User Submissions”). By submitting or posting User Submissions on or through the Service, you represent and warrant that you own or control all rights to such submissions and that their disclosure and use by Kids Cartoon Academy will not infringe or violate the rights of any third party. You further acknowledge that:

  • (i) without limiting the CC-BY-SA license granted by you, Kids Cartoon Academy may reformat, excerpt, or translate your User Submissions;
  • (ii) all information publicly posted or privately transmitted through the Site is solely the responsibility of the originator;
  • (iii) Kids Cartoon Academy is not liable for any errors or omissions in such content; and
  • (iv) Kids Cartoon Academy cannot guarantee the identity of other users with whom you interact on 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, recommendations, or other feedback you provide regarding the operation of the Service.

Kids Cartoon Academy does not endorse and has no control over any User Submission. You acknowledge that all Content accessed via the Service and all User Submissions are at your own risk and that you are solely responsible for any damage or loss resulting from such use. We are under no obligation to monitor the Site, Service, Content, or User Submissions and may remove any User Submission at any time, for any reason, or for no reason at all.

SECTION 15 – ERRORS, INACCURACIES, AND OMISSIONS

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

SECTION 16 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in 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 those 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 malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet;

(h) to collect or track 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 these prohibited uses.

You promise not to use the Service for any purpose prohibited by these Terms. The Service (including, without limitation, any Content or User Submissions) is provided solely for your personal, non-commercial use. You are responsible for all activities connected with the Service. For these Terms, “Content” includes any advertisements, advice, suggestions, videos, audio clips, forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated or made accessible by Kids Cartoon Academy or its partners.

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 as permitted under applicable law or where the Service is licensed under an open source or similar license);

(ii) modify, translate, or create derivative works of any part of the Service (except as allowed by law); or

(iii) copy, rent, lease, distribute, or otherwise transfer any rights granted under these Terms.

You shall abide by all applicable local, state, national, and international laws and regulations.

SECTION 17 – REGISTRATION

To use certain aspects of the Service (including the Community for Kids hosted on Heartbeat), you must register with Kids Cartoon Academy. During registration, you will be required to provide the parent’s email address, first and last name, any child’s email address for receiving notifications from Kids Cartoon Academy, and the child’s first and last name. You must provide accurate, complete, and updated registration information. Failure to do so may result in immediate termination of your account. You shall not (i) choose or use a Kids Cartoon Academy username or email address that impersonates another person; (ii) use an email address or name that is subject to another person’s rights without authorization; or (iii) choose a username or email address that is offensive, vulgar, or obscene.

Kids Cartoon Academy reserves the right to refuse registration or cancel any account at its sole discretion. You are solely responsible for all activities that occur under your account and must maintain the confidentiality of your login information. You must never use another user’s account without their express permission, and you must immediately notify Kids Cartoon Academy in writing of any unauthorized use of your account or any other security breach.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through it are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

IN NO EVENT SHALL KIDS CARTOON ACADEMY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR CONTENT PROVIDERS, BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE) FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS, INCLUDING (BUT NOT LIMITED TO) LOST PROFITS, DATA LOSS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, or ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Kids Cartoon Academy has no fiduciary duty or special relationship with you. You acknowledge that Kids Cartoon Academy has no control over, and no duty to act with respect to, which users access the Service; what Content you access; the effects of that Content; how you interpret or use the Content; or any actions you take as a result of being exposed to the Content. You release Kids Cartoon Academy from all liability related to your acquisition (or failure to acquire) Content through the Service. The Sites may contain or link to material that some may find offensive or inappropriate. Kids Cartoon Academy makes no representations concerning any Content accessed through the Sites and is not liable for the legality, accuracy, or decency of any such material.

EXCEPT FOR ANY SEPARATE WRITTEN WARRANTY PROVIDED EXPRESSLY FOR A SPECIFIC PRODUCT, THE SERVICE (INCLUDING ANY CONTENT) AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): Kids Cartoon Academy MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Kids Cartoon Academy is not liable for the privacy of any email addresses, registration information, communications, or any other data stored on its systems or transmitted via the Sites.

SECTION 19 – INTERNATIONAL USE

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

SECTION 20 – DISPUTE RESOLUTION

Governing Law:

This Platform (excluding any third-party websites) is controlled 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 its conflict of law principles.

Jurisdiction and Venue:

By using our Platform, you consent to the jurisdiction of the federal and state courts in Davidson or Hamilton County, Tennessee, and agree that any legal proceedings arising out of or in connection with these Terms must be brought solely in those courts. You further waive any objections based on lack of jurisdiction or forum non-conveniens.

SECTION 21 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Curious Together, LLC or Kids Cartoon Academy, including its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands (including reasonable attorneys’ fees) made by any third party arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 22 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity and enforceability of any remaining provisions.

SECTION 23 – TERMINATION

Kids Cartoon Academy may terminate your access to all or part of the Service at any time, with or without cause or notice, effective immediately. Termination 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 Site. All fees paid are non-refundable. All provisions of these Terms that are intended to survive termination shall survive termination.

SECTION 24 – ENTIRE AGREEMENT

The failure of Kids Cartoon Academy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies or operating rules posted on the Site or otherwise referenced herein, constitute the entire agreement between you and Kids Cartoon Academy and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 25 – CHANGES TO TERMS OF SERVICE

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

SECTION 26 – DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Kids Cartoon Academy complies with the Digital Millennium Copyright Act. We do not intend to infringe on anyone’s work. If you believe that Kids Cartoon Academy has infringed on your copyrighted material, please notify us by contacting our legal team as provided below.

If you believe that content on or linked to by the Service violates your copyright, you may notify Kids Cartoon Academy in accordance with the following procedure. Kids Cartoon Academy’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed below. It is our policy to (1) block access to or remove Content that we believe, in good faith, is illegally copied or distributed; and (2) discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that content on or accessible through the Site infringes a copyright, please send a written notice of infringement including:

  • A physical or electronic signature of the copyright owner (or a person authorized to act on their behalf);
  • Identification of the copyrighted works alleged to have been infringed;
  • Identification of the infringing content (including its location on the Site) with sufficient detail for Kids Cartoon Academy to locate and verify it;
  • Your contact information, including address, telephone number, and, if available, email address;
  • A statement that you have 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 that you are authorized to act on behalf of the copyright owner.

B. Once Proper Notice Is Received:

  • We will remove or disable access to the infringing content;
  • Notify the content provider, member, or user that the content has been removed or disabled; and
  • For repeat offenders, remove the content and terminate their access to the Service.

C. Procedure for Counter-Notice:

If you believe that the content removed was not infringing, you may send a counter-notice including:

  • Your physical or electronic signature;
  • Identification of the removed or disabled content and its location before removal;
  • A statement that you have a good faith belief that the content was removed due to mistake or misidentification; and
  • Your name, address, telephone number, and, if available, email address, along with a consent to the jurisdiction of the federal court in the appropriate judicial district, and that you will accept service of process from the party who filed the infringement notice.

If a counter-notice is received, we may send a copy to the original complaining party and, unless a court action is filed, restore the content in 10–14 business days at our discretion.

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

Kids Cartoon Academy

Attn: Legal

1303 Chamberlain Ave

Chattanooga, TN 37404

[email protected]

SECTION 27 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

[email protected]

Last updated: February 25, 2025

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