TERMS & CONDITIONS
GENERAL TERMS OF SERVICE
Updated: December 12, 2022
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
(“TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST
NOT USE THIS WEBSITE OR ANY OF THE GOODS, PRODUCTS, SERVICES,
CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING
THIS WEBSITE AND/OR ANY OF THE AVAILABLE GOODS, PRODUCTS,
SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND
WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO
CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL
OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN
AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
Middle Kid Entertainment (“MKE”), operates this website (annaxsitar.com) (the “Site”),
and the services related to or offered on the Site (hereinafter, the “Services”). In addition
to the aforementioned Services, MKE’s Services may include, without limitation, sales of
goods, products, information, tools, applications, email services, bulletin and message
boards, chat areas, news groups, forums, communities, calendars, and downloadable
mobile applications related to the Site or provided through the Site. These Terms of
Service (“TOS”) govern your use of the Site and Services that are provided by MKE.
Please read this agreement carefully before accessing or using the Site or any of the
Services. Each time you access or use the Site or Services, you agree to be bound by
these TOS. If you do not agree to be bound by all of these TOS, you may not access or
use the Site or Services. In addition, certain areas of the Site or Services may be
such areas, or any part thereof, you are expressly indicating that you have read and
additional terms will control. MKE reserves the right to amend this TOS at any time and
without notice. If MKE does this, MKE will post an updated TOS and indicate at the top
the date the TOS was last revised. Your continued use of the Site and/or Services after
any such posting constitutes your acceptance of the new TOS. If you do not agree to
the Site and/or Service. This Agreement applies to all visitors, users, and others who
access the Site and/or Service.
MKE is not responsible if information made available on this Site is not accurate,
complete or current. The material on this Site are 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. Prices for MKE’s goods, products and/or services are subject to change
without notice. 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 MKE has no obligation to update any information
on our Site. You agree that it is your responsibility to monitor changes to the Site.
1. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and
regulations, including U.S. export and re-export control and economic sanction laws and
regulations, with respect to your use of the Site and Services. You may not use MKE’s
goods, products or services 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 TOS will result in an immediate
termination of your Services. You also acknowledge and agree that your use of the
Internet and access to the Site is solely at your own risk. You should also understand
that the confidentiality of any communication or material transmitted to/from the Site
over the Internet or other form of global communication network cannot be guaranteed.
Accordingly, MKE is not responsible for the security of any information transmitted to or
from the Site. MKE reserves the right to prohibit or terminate use of or access to the
Site at any time, without notice, for any reason whatsoever.
MKE reserves 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
2. License Grant.
This TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free,
non-transferable license to use the Site conditioned on your continued compliance with
these TOS. You may print and download materials and information from the Site solely
for your personal use, provided that all hard copies contain all copyright and other
applicable notices contained in such materials and information.
MKE reserves the right to change or discontinue, temporarily or permanently, the Site or
Service (or any part thereof) with or without notice at any time. You agree that MKE, its
agents, affiliates, and subsidiaries shall not be liable to you or any third party for any
modification, suspension, or discontinuance of the Site or Service.
3. Prohibited Activities.
The Site and the Services are not intended for children under the age of 13 and children
under 13 should not use the Site or the Services. You acknowledge and agree that the
Site and Services contain proprietary and confidential information that is protected by
applicable intellectual property and other laws, and are the sole property of MKE, or its
content providers. Unless otherwise specified in writing, the Services are for your
personal and non-commercial use. In connection with your use of the Site and/or the
Services, you acknowledge and agree that you will not: (i) copy, reverse engineer,
reverse assemble, otherwise attempt to discover the source code, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer or
sell any information, software, goods, products or services obtained through the Site or
the Services; (ii) access the Site or Services by any means other than through the
standard industry-accepted or MKE-provided interfaces; (iii) post or transmit any
material that contains a virus or corrupted data; (iv) delete any author attributions, legal
notices or proprietary designations or labels; (v) violate any applicable local, state,
national or international law, rule or regulation or use the Site and/or the Services for
any purpose that is prohibited by these TOS; (vi) manipulate or otherwise display the
Site and/or the Services by using framing or similar navigational technology; (vii)
register, subscribe or unsubscribe any party for any MKE good, product or service if you
are not expressly authorized by such party to do so; (viii) use the Site or the Services in
any manner that could damage, disable, overburden or impair MKE’s servers or
networks, or interfere with any other user's use and enjoyment of the Site and/or the
Services; (ix) gain or attempt to gain unauthorized access to any of the Site, Services,
accounts, computer systems or networks connected to MKE through hacking, password
mining or any other means; (x) Obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Site or the Services or
harvest or otherwise collect information about other users without their consent; and (xi)
use the Site in any manner that could damage, disparage, or otherwise negatively
impact MKE or its parent companies, affiliates and/or subsidiaries. In addition, you
agree to comply with MKE’s Posting Guidelines below. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY
SERVICES, PROGRAMS, GOODS, PRODUCTS, INFORMATION OR MATERIALS
PROVIDED BY MKE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
4. Message Boards, Product Reviews, Chat Rooms, Submissions and Posting
MKE may host message boards, chats, product review mechanisms and other public
forums on its Site and through the Services. Message boards, chats and other public
forums are intended to serve as discussion centers for users and subscribers of the
Site. These are public forums and any information that you post on the Site or through
the Services may be seen by anyone on the Internet. Any user will have the ability to
edit or delete his/her own posts after posting. When posting information on the Site or
through the Services, use good taste when discussing sensitive topics. Both users and
moderators are required to treat others with respect and honesty. Be fair and
informative. Post honest and valuable information and don't post rumors or negative
opinions that are not supported by facts.
In addition to the prohibited activities described above, when posting information and
media on the Site or through the Services you must not:
Post anything that interferes with or disrupts the Site or the operation thereof,
including files that contain malicious code, viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer, network or the Site;
Post statements or materials that are libelous or defame, harass, abuse, stalk,
threaten, intimidate or in any way infringe on the rights of others;
Post statements or materials that violate other contractual or fiduciary rights,
duties or agreements;
Post or upload personal information, pictures, videos or any other media of
another person without their express permission;
Delete or revise any material posted by any other person or entity;
Post statements or materials that are bigoted, hateful, racially offensive, vulgar,
obscene, pornographic, profane, or otherwise objectionable, including language
or images that typically would not be considered socially or professionally
responsible or appropriate in person;
Post statements or materials that encourage criminal conduct or that would give
rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
Post statements or materials that in any way harm minors;
Post statements or materials that impersonate any other person or entity,
whether actual or fictitious, including, without limitation, employees and
representatives of MKE;
Post statements or materials that misrepresent your affiliation with any entity
Post anything that violates the privacy or publicity rights of any other person,
including, without limitation, posting any personal identifying information of
another individual, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers, credit card numbers or any trade secrets or
information for which you have any obligation of confidentiality;
Post statements or materials that constitute junk mail, spam or unauthorized
advertising or promotional materials, including, without limitation, links to
commercial products or services or any political campaigning;
Post material that in the sole judgment of MKE is objectionable or restricts or
inhibits any person or entity from using or enjoying any interactive features or
other portions of the Site, or which may expose MKE or its users to harm or
liability of any nature; or
Post material that infringes, or that may infringe, any patent, trademark, trade
secret, copyright or other intellectual or proprietary right of any party, or that you
otherwise do not have the right to make available, without the express
permission of the owner of the copyright, trademark or other proprietary right.
MKE does not have any express burden of responsibility to provide any user with
indications, markings or anything else that may aid any user in determining
whether the material in question is copyrighted or trademarked. Users shall be
solely liable for any damage resulting for infringements of copyrights, trademarks,
proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused
continued access to the message boards, chats, product reviews, or other public forums
in the future. MKE or its designated agents may remove or alter any user-created
content at any time for any reason. Materials posted and/or uploaded to the various
public forums may be subject to size and usage limitations. You are responsible for
adhering to such limitations. MKE expressly disclaims all responsibility and
endorsement and makes no representation as to the validity of any opinion, advice,
information or statement made or displayed in these forums by third parties, nor is MKE
responsible for any errors or omissions in such postings, or for hyperlinks embedded in
any messages. Under no circumstances will MKE, or its licensors, affiliates, suppliers or
agents be liable for any loss or damage caused by your reliance on information
obtained through these forums. The opinions expressed in these forums are solely the
opinions of the participants, and do not reflect the opinions of MKE, its licensors or any
of their subsidiaries or affiliates. MKE and its licensors have no obligation whatsoever to
monitor any of the content or postings on the message boards, chat rooms or other
public forums. However, you acknowledge and agree that MKE reserves the right to
monitor the same at its sole discretion. MKE reserves the right to alter, edit, refuse to
post or remove any postings or content, in whole or in part, for any reason and to
disclose such materials and the circumstances surrounding their transmission to any
third party in order to satisfy any applicable law, regulation, legal process or
governmental request and to protect itself, its clients, sponsors, users and visitors. In
addition, MKE reserves the right to contact users to inform them of policies, hide users’
posts or delete users’ accounts without warning or notice in advance, for any reason,
including but not limited to the violation of these terms.
Solicited submissions: From time to time, MKE may invite you to submit to MKE audio
and/or video material for inclusion on the Site and/or Service and/or other activities
promoted by MKE on the Site and/or Service, or enter certain contests MKE may
sponsor, or submit comments and/or ideas to MKE (“Submissions”). You may only
submit these Submissions to MKE when specifically invited to do so by MKE. These
solicited Submissions may be subject to further terms, conditions and restrictions.
Submissions for the Site and/or Service provided through third party websites are also
subject to specific terms, conditions and restrictions. If MKE does request that you send
MKE Submissions, these Submissions will be deemed User Content (defined below).
By submitting any Submission, you agree that your disclosure is gratuitous, unsolicited
and without restriction and will not place MKE under any fiduciary or other obligation,
that MKE is free to disclose the Submission on a non-confidential basis to anyone or
otherwise use the Submission without any additional compensation to you. You
acknowledge that, by acceptance of your Submission, MKE does not waive any rights to
use similar or related ideas previously known to MKE, or developed by its employees, or
obtained from sources other than you.
Unsolicited submissions: Other than those MKE specifically requests, MKE does not
accept or consider unsolicited creative materials, ideas or suggestions either via the
website, email or other means. This is to avoid any misunderstandings if your ideas are
similar to those MKE has developed or obtained independently.
By sending or transmitting to MKE content, images, video, audio files, creative
suggestions, ideas, notes, concepts, information or other materials (collectively, “User
Content”), or by posting such User Content on the Site, you hereby grant to MKE and its
designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free,
perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works
of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such
User Content in any media now known or hereafter devised, for any purpose
whatsoever, commercial or otherwise, without compensation to you. The foregoing
license to MKE shall be fully paid-up and royalty free. You represent and warrant that
any person or entity named or pictured in such User Content has provided any
necessary licenses, rights or authorizations to allow MKE’s use of such User Content in
accordance with such license. None of the User Content disclosed or posted via
message boards, chats or other public forums shall be subject to any obligation,
whether of confidentiality, attribution or otherwise.
5. Commercial Transactions.
Certain goods, products or services will be offered for sale on the Site or through the
Services. In addition, certain goods, products or services may be available exclusively
online through the Site. These goods, products or services may have limited quantities
and are subject to return or exchange only according to our return policy. MKE has
made every effort to display as accurately as possible the colors and images of our
goods and products that appear at the Site’s store. MKE cannot guarantee that your
computer monitor's display of any color will be accurate. MKE reserves the right, but are
not obligated, to limit the sales of its goods, products or services to any person,
geographic region or jurisdiction. MKE may exercise this right on a case-by-case basis.
MKE reserves the right to limit the quantities of any goods, products or services that it
offers. All descriptions of goods, products or product pricing are subject to change at
anytime without notice, at the sole discretion of MKE. MKE reserves the right to
discontinue any good, product or service at any time. Any offer for any good, product or
service made on this Site is void where prohibited. MKE does not warrant that the
quality of any goods, products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service will be
corrected. In the event you wish to purchase or to subscribe for any of these goods,
products or services, you will be asked by MKE or an authorized third party to supply
certain information, including without limitation, your full name, address, telephone
number and credit card information. You agree to provide MKE or such third party with
the foregoing information as well as any other mandatory information. You agree that
any such information provided shall be accurate, complete and current. You agree to
comply with the terms and conditions of any agreement that you may enter into
governing your purchase of the good, product or service. You shall be responsible for all
charges incurred through your account as well as for paying any applicable taxes. By
providing MKE with your credit card number and associated payment information, you
agree that MKE and/or its third party service providers are authorized to immediately
invoice your account for all fees and charges due and payable to MKE as a result of
your order, including but not limited to service fees, subscription fees or any other fee or
charge associated with your access to the Services and/or purchase of goods, products
and/or services. In the event that access to an applicable Service requires a recurring
payment, you agree that MKE (or its third party payment service provider) may
automatically invoice your account at the beginning of each recurring period. MKE
reserves the right to increase charges and fees, or to institute new charges or fees at
any time, upon reasonable advance notice communicated to you through a posting on
the applicable Site or such other means as MKE may deem appropriate from time to
time (including electronic mail or conventional mail). You agree to immediately notify
MKE of any change in your billing address or the credit card used for payment
hereunder. Your right to use a paid service or a specific good or product is conditional
upon MKE’s receipt of payment. If payment cannot be charged to your credit card or if a
charge is refunded for any reason, including chargeback, MKE reserves the right to
either suspend or terminate your access and account. You agree that in the event MKE
is unable to collect the fees you owe MKE it for the goods, products or services
specified in your order, MKE may take any other steps it deems necessary to collect
such fees from you, and that you will be responsible for all costs and expenses incurred
by MKE in connection with such collection activity, including collection fees, interest,
court costs and attorneys' fees. MKE reserves the right to refuse any order you place
with MKE. MKE may, in its 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 MKE makes a change to or
cancel an order, MKE may attempt to notify you by contacting the email and/or billing
address/phone number provided at the time the order was made. MKE reserves 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. To review the billing terms on your account or to terminate
a subscription service (if offered), you may email email@example.com.
6. Errors and Risk of Loss
If a good, product or service is listed incorrectly (e.g. price or description) for any
reason, MKE reserves the right to refuse or cancel any orders that may have been
placed for such a good, product or service listed. If your credit card has already been
charged for such an erroneous purchase, MKE will issue a credit to your card for the full
A third-party carrier will ship any goods and/or products you purchase from the Site.
Title and risk of loss for such merchandise will pass to you upon our delivery to the
7. Return Policy
For information regarding MKE’s return, exchange and cancellation policies, please visit
the MKE return policy page on the Site, Frequently Asked Questions or email
8. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information
or content expressed or made available through the Site by third parties, including
information providers, are those of the respective authors or distributors and not MKE.
Neither MKE, its licensors nor any third-party content providers guarantee the accuracy,
completeness or usefulness of any content. Furthermore, neither MKE nor its licensors
endorse or are responsible for the accuracy and reliability of any opinion, advice or
statement made on any of the Site or Services by anyone other than an authorized MKE
or licensor representative while acting in his/her official capacity. You may be exposed
through the Site or Services to content that violates MKE’s policies, or may be otherwise
offensive. You access the Site and Services at your own risk. MKE takes no
responsibility for your exposure to third party content on the Site or the Services. MKE
and its licensors do not assume, and expressly disclaim, any obligation to obtain and
include any information other than that provided to it by its third party sources. It should
be understood that MKE does not advocate the use of any good, product or procedure
described in the Site or through the Services, nor is MKE responsible for misuse of a
good, product or procedure due to typographical error.
9. Sweepstakes, Contests and Games.
If MKE conducts a sweepstakes, contest, or game on the Site, the rules governing any
of the foregoing shall be accessible through a hypertext link prominently displayed on
the page where the sweepstake, contest or game may be located. By entering or
participating in any of them, you agree to be subject to those rules, regulations and
procedures. Please remember to read the rules carefully before participating.
10. Accounts, Passwords and Security.
If the Site or any of the Services require you to open an account, you must complete the
registration process by providing MKE with current, complete and accurate information,
as prompted by the applicable registration form. You acknowledge that by providing any
information to MKE that is untrue, inaccurate, not current or incomplete, MKE reserves
the right to terminate your access and use of the Site and/or the Services. As part of the
registration process, you will be asked to select a username and password. You are
entirely responsible for maintaining the security and confidentiality of your account and
password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND
ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT
ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MKE
immediately of any unauthorized use of your account or any other breach of security.
Neither MKE nor its licensors will be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your knowledge.
You may be held liable for any losses incurred by MKE, its licensors or another party
due to someone else using your account or password.
11. Linking to the Site.
MKE reserves the right to disallow you to link to the Site at any time in its sole
discretion. If MKE exercises such right, you agree to immediately remove and disable
any and all of your links to the Site. In the absence of a written agreement with MKE
specifying how you may link to the Site, use the following guidelines for adding one or
more links to the Site from your website:
The link must be a text-only link that clearly includes the URL of the applicable
The appearance, position and other aspects of the link may not be such as to
damage or dilute the goodwill associated with MKE’s good name and
The appearance, position and other aspects of the link may not create the false
impression that an entity is associated with, sponsored by, or endorsed by MKE;
The link, when activated by a user, must display the Site full-screen and not
within a “frame” on the linking website and linking may not trigger any interstitial
or pop-up or pop-under windows; and
The link may not be used in connection with or appear on a website that a
reasonable person might consider offensive, obscene, defamatory or otherwise
12. Disclaimer Regarding Linked Third Party Sites.
The links on the Site and/or any of the Services will let you leave the particular Sites or
Service you are accessing in order to access a linked third party site (the “Linked
Sites”). MKE provides these links as a convenience, but MKE neither controls nor
endorses these Linked Sites, nor has MKE reviewed or approved the content which
appears on the Linked Sites. MKE is not responsible for the legality, accuracy or
appropriateness of any content, advertising, goods, products, services or other
materials on or available from any Linked Sites. You acknowledge and agree that MKE
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of any of the links, content, goods
or services available on or through the Linked Sites.
13. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or
through the Site and Services, including, without limitation, advertisers and other users,
regarding payment and delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings, are solely
between you and such third party. You agree that MKE shall not be responsible or liable
for any loss, damage, or other matters of any sort incurred as the result of such
identifiable information is set forth on the Site, and is incorporated by reference into
these TOS. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT
15. Disclaimer of Warranties.
THE SITE AND THE SERVICES, AND ANY GOODS, PRODUCTS, CONTENT,
TOOLS, OR SERVICES SOLD, OFFERED, DISPLAYED, ACCESSED OR OBTAINED
ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, MKE, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND
AGENTS DO NOT WARRANT OR EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF
THE SITES AND/OR GOODS, PRODUCTS OR SERVICES AND ACCESS TO AND
USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION ON
THE SITE IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE
CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S)
ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR USE OF THE GOODS, PRODUCTS,
SERVICES, SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS
PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT
YOUR OWN RISK. MKE MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE GOODS, PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN
OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING
DISCLOSURE OF INFORMATION ON ANY SUCH GOODS, PRODUCTS OR
SERVICES WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR
THROUGH THE SERVICES.
16. Limitation of Liability.
NEITHER MKE NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES,
CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO
YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR
INABILITY TO USE THE SITE AND/OR THE SERVICES, OR ANY GOODS,
PRODUCTS OR SERVICES OFFERED OR SOLD THEREON; (ii) ANY CONTENT
CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR
CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE
SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD
THEREON; (iv) ANY GOOD, PRODUCT OR SERVICE PURCHASED OR OBTAINED
THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE
TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR
SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD
THEREON; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF,
FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT
ON THE SITE AND/OR SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES
OFFERED OR SOLD THEREON; OR (vii) ANY OTHER MATTER RELATING TO THE
SITE AND/OR THE SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES
OFFERED OR SOLD THEREON. IN NO EVENT SHALL THE TOTAL LIABILITY OF
MKE OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
PURCHASING ANY GOODS, PRODUCTS OR SERVICES AND/OR USING THE SITE
AND/OR ANY OF THE SERVICES. Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations and disclaimers may not apply to
you. To the extent that MKE may not, as a matter of applicable law, disclaim any implied
warranty or limit liabilities, the scope and duration of such warranty and the extent of
MKE’s liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold MKE and its respective licensors, subsidiaries,
affiliates, officers, directors, agents, co-branders or other partners, employees and
representatives harmless from and against any and all claims, damages, losses, costs
or expenses (including reasonable attorneys' fees and disbursements) which arise
directly or indirectly out of or from (i) your breach of these TOS; (ii) any allegation that
any Submission Materials infringe or otherwise violate the copyright, trade secret,
trademark or other intellectual property rights of a third party; and (iii) your access or
use of the Site or any of the Services.
18. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes their
rights under the U.S. copyright law. If you believe in good faith that materials hosted by
MKE infringe your copyright, you or your agent may send to MKE a notice requesting
that the material be removed or access to it be blocked. Any notification by a copyright
owner or a person authorized to act on its behalf that fails to comply with requirements
of the DMCA shall not be considered sufficient notice and shall not be deemed to confer
upon MKE actual knowledge of facts or circumstances from which infringing material or
acts are evident. If you believe in good faith that a notice of copyright infringement has
been wrongly filed against you, the DMCA permits you to send to MKE a counter-notice.
All notices and counter notices must meet the then current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that
your work has been copied in a way that constitutes copyright infringement, please
provide MKE’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the
Site or Service reasonably sufficient to permit MKE to locate the material;
Information reasonably sufficient to permit MKE to contact you, such as your
address, telephone number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
MKE’s Copyright Agent for notice of claims of copyright infringement or counter notices
can be reached as follows: Designated Agent: firstname.lastname@example.org. MKE suggests that
you consult your legal advisor before filing a notice or counter-notice. Also, be aware
that there can be penalties for false claims under the DMCA.
19. Jurisdictional Issues.
MKE makes no representation or warranty that the goods, products, services, content
and materials on the Site or the Services are appropriate or available for use in
locations outside the United States. Those who choose to access the Site or use the
Services from other locations do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the extent applicable. MKE reserves
the right, at any time in its sole discretion, to limit the availability and accessibility of the
Site or the Services or any goods, products or services offered or sold thereon to any
person, geographic area or jurisdiction MKE so desires, and to limit the quantities of any
such service, goods or products that MKE may provide.
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These TOS are effective
unless and until terminated by either you or MKE. You may terminate these TOS at any
time by notifying MKE that you no longer wish to use MKE’s Services, or when you
cease using the Site. If in MKE’s sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these TOS, MKE also may terminate this
agreement at any time without notice and you will remain liable for all amounts due up
to and including the date of termination; and/or accordingly may deny you access to
MKE’s Services (or any part thereof). You agree that MKE, in its sole discretion, may
terminate your password, account (in whole or in part) or use of the Site or Services,
and remove and discard any content within the Site or Services, at any time and for any
reason. You agree that any actions taken under this Section may be effective without
prior notice to you.
21. Governing Law.
These TOS and the relationship between you and MKE shall be governed by and
construed in accordance with the laws of the State of California, without regard to its
conflict of law provisions. You and MKE irrevocably agree to submit to the personal and
exclusive jurisdiction of the federal and state courts located within the county of Los
Angeles, in the State of California, and waive any jurisdictional, venue or inconvenient
forum objections to such courts.
22. Waiver and Severability.
The failure of MKE to exercise or enforce any right or provision of these TOS shall not
constitute a waiver of such right or provision. If any provision of these TOS is found by a
court of competent jurisdiction to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severed herefrom and shall not affect the validity
and enforceability of any remaining provisions.
23. Successors and Assigns.
MKE may perform any of its obligations or exercise any of its rights under this TOS
through one or more of its corporate affiliates (including any entity that directly or
indirectly controls, is controlled by or is under common control with MKE). If MKE or its
assets are acquired by another entity, that entity will assume MKE’s rights and
obligations as described in this TOS. You may not assign your rights or obligations
under this TOS, by operation of law or otherwise, without MKE’s prior written consent.
MKE may modify these TOS at any time, as it deems appropriate. If you disagree with
the changes to the TOS, you must discontinue your use of the Site and Services, and if
you have registered as a member, cancel your registration. Your continued access or
use of any of the Site or Services following such notice signifies your acceptance of the
modified TOS. It is your responsibility to review the TOS regularly to be aware of such
modifications. MKE reserves the right to modify or discontinue the Site or Services with
or without notice. MKE will not be liable to you or any third party should MKE exercise
its right to modify or discontinue the Site or Services. If you object to any such changes,
your sole recourse will be to cease access to the Site or Services. Continued access to
the Site or Services following notice of any such changes will indicate your
acknowledgement of such changes and acceptance of the Site or Services as so
modified and your use of new Services will be governed by these TOS.
25. Entire Agreement.
These Terms of Service and any policies or operating rules posted by MKE on this site
or in respect to the Services constitutes the entire agreement and understanding
between you and MKE and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or written,
between you and MKE (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.
PRIVACY & SAFETY
Updated: December 12, 2022
Middle Kid Entertainment ("MKE") and its affiliates, operate this website (the "Site") and the services related to or offered on the Site (hereinafter, the "Services"). MKE's Services may include, without limitation, offering and selling products, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, merchandise, products and downloadable mobile applications related to the Site or provided through the Site.
The use of the phrase "Personal Information" in this Policy means information that identifies a specific person that may include as a person’s full name, address, e-mail address. The phrase "Anonymous Information" in this Policy means non-personal information that cannot reasonably be used to identify individual persons (e.g., interests, demographics, geographical location and anonymous usage data).
Unless you opt out in accordance with this policy, by visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to MKE’s collection, use and disclosure of the information that you provide as described in this Policy.
Your Personal Information will be processed by MKE in the United States.
In addition to this general Policy, each Service may have additional privacy provisions that are specific to the particular Service. These supplemental disclosures are made adjacent to the particular Service at the time MKE collects the information. These supplemental disclosures also govern the use of your information.
In general, you can use the Site and/or Service without telling MKE who you are or revealing any Personal Information about yourself. However, if you do not provide MKE with certain requested information, we may not be able to provide you with certain Services and features that may be contained on the Site and/or Service, including without limitation, selling the products on the Site to you.
INFORMATION GATHERED BY MKE
MKE collects information about you in the following ways:
A. Information you voluntarily provide MKE.
MKE collects and maintains information that you voluntarily submit to MKE during your use of the Site and Services and when purchasing goods, products and/or services. For example:
When you register for the Site, certain provided information to MKE will be required such as your name and email address;
As applicable, when you post comments and/or content on the Site and/or Service information about you that accompanies those posts or content, which may include a name, user name, likes, status, profile information and/or picture. This information is always public, which means it is available to everyone and may be displayed in search results on external search engines.
As applicable, if you sign up to enter a contest or sweepstakes or receive a newsletter, if any, you may provide MKE contact information (e.g., email or physical address);
If you access or log-in to the Site and/or Services through a social media or other service or connect the Site and/or Services to a social media or other service, the information MKE collects may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with MKE, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the Site and/or Services through social media services or when you connect the Site and/or Service to social media services, you are authorizing MKE to collect, store, and use such information and in accordance with this Policy;
If you purchase a good, product or service, you will be required to provide MKE your credit card information and other Personal Information; and
You may provide MKE with Personal Information in the course of email, customer support interactions and surveys.
B. Information MKE collects through your use of the Site.
As you use the Site and Services, certain information may also be passively collected. Through cookies, pixels and beacons for the purposes of targeted and retargeted advertising, log files and other technologies, MKE may collect information about how you use the Site and the Services. For example, MKE may determine through an IP address that a particular computer or device is located in Los Angeles and MKE may use this information to deliver advertisements promoting Los Angeles-based businesses. This information allows MKE to deliver more helpful information, programs, tools and advertisements.
MKE may also combine online and/or offline information received from third parties ("Third Parties") with the information MKE has already collected from you via MKE’s Site and/or Services. The third party information is used for a variety of purposes including verifying other information about you and to enhance the content and advertising MKE provides to you.
MKE and Third Parties may customize the advertisements that you see based upon: (i) the information that you provide MKE; (ii) data MKE receives from Third Parties; or (iii) your visits on the Site or use of Services and other websites or services (commonly referred to as "Behavioral Advertising"). Please see the "Cookies and Targeted Advertising" section below for more information on the use of tracking technologies and the information collected for Behavioral Advertising, and how you can delete cookies.
2. HOW MKE USES YOUR INFORMATION
MKE may use the foregoing information gathered in the ways described below or described at the time that the information is collected.
In general, MKE and Third Parties use the foregoing information gathered as necessary or appropriate for purposes including, but not limited, to:
administer your account;
register you and provide you access to the Site and/or Services;
respond to inquiries or requests in connection with the Site;
fulfill your requests and/or orders for products or services;
send communications and administrative emails about the Site and/or Services;
personalize and better tailor the features, performance and support of the Site and Services for your use;
send you Site and/or Service-related communications, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails.
send you newsletters and other messages, including changes to features of the Site and/or Service and special offers that you may opt out of by clicking "unsubscribe" in the email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
send you promotional/marketing information, offers or other information regarding opportunities and functionality that MKE thinks would be of particular interest to you;
improve the quality of the Site and the Services; analyze, benchmark and conduct research on user data and user interactions with the Site and Services.
We may use and share information with those persons and third-party entities specifically involved in providing you with services from MKE and/or services related to MKE. In addition, we may use and share aggregated information that does not uniquely identify you when it enables us to improve and enrich our services and Site content. MKE reserves the right to use and share your information in the event MKE believes doing so is necessary to operate the Site or where such disclosure may be required by law, or to protect MKE's right or the rights of others.
3. COOKIES AND TARGETED ADVERTISING
A. Tracking Technologies (e.g., Cookies)
Cookies can be removed by following your Internet browser's directions within the help tab. In order to use certain Services offered through the Site, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Site or Service may not work properly, and you may not be able to access the Site and/or Services.
An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. MKE, its partners or their respective service providers, may use your IP Address when you access the Site or Services or use other means to assist with delivering geographically targeted advertisements.
B. Targeted Advertising
MKE adheres to the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (for more information click here at http://www.aboutads.info/consumers).
4. HOW MKE DISCLOSES INFORMATION TO THIRD PARTIES
MKE may share your information with its parent companies, affiliates, and/or subsidiaries and with Third Parties under the circumstances described below. If you do not want MKE to use or disclose information collected about you in the ways identified in this Policy, you should not use the Site or Services.
We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested Third Parties to help them understand the usage patterns for certain Services.
A. Government Agencies
MKE may disclose and release your Personal Information to government representatives: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to MKE’s system or network, or in any cases in which MKE believes it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement MKE may have with you.
B. Service Providers
MKE may provide your Personal Information to service providers who work on its behalf or help MKE to operate MKE’s business, the Site and the Services. Examples of such service providers include vendors and suppliers that provide MKE with technology, services, and/or content for sending email, analyzing data, research, providing advertising and marketing assistance, processing payments (including credit card payments), and providing customer service. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform its limited function.
C. Third Parties
MKE may share aggregated Anonymous Information about you with the Third Parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users.
We may store personal information in locations outside the direct control of MKE (for instance, on servers or databases co-located with hosting providers). As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
Any Personal Information or other content that you voluntarily disclose becomes available to the public, as controlled by any applicable privacy or website customization settings. To change your privacy settings on the Site, you may visit your online account with MKE. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages of the Site, or if other users have copied or saved that information.
D. Promotional Partners
E. Affiliated Companies
MKE may share your Personal Information and/or any other information collected hereunder with its subsidiaries and affiliated companies. Additionally, in the event MKE goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.
MKE may make message boards, chat rooms, blogs, product review forums and other interactive forums available as part of the Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive Services, you agree that MKE is not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
5. ACCESS AND CONTROL
At this time, MKE does not respond to browser 'Do Not Track' signals, as MKE awaits the work of interested stakeholders and others to develop standards for how such signals should be interpreted.
The Site and Services are not directed or intended for children under 13 years of age. MKE does not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to MKE, please contact MKE at email@example.com so that MKE may delete and remove such child's information from MKE’s systems.
You may, of course, decline to submit Personal Information through the Site and/or Service, in which case the Site and/or Service may not be able to provide certain services to you. You may decline to share information, update or correct your account information and email preferences at any time by logging into your account, or by otherwise following the prompts on the Site.
MKE offers you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from MKE, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive.
If you would like assistance disabling your account, please contact customer service at firstname.lastname@example.org.
Keep in mind, however, that even if you delete information from your account and/or profile, MKE may retain your Personal Information in conformance with its data retention policy and Personal Information may remain within MKE’s databases, access logs, and other records. In addition, MKE is not responsible for updating or removing your Personal Information contained in the lists or databases of Third Parties who have been provided information as permitted by this Policy.
6. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have the right to request the following information regarding MKE’s use of your Personal Information. MKE will fulfill each of these requests to the extent required by law, within 45 days of receipt of a verifiable request:
A. The Personal Information MKE Collects About You. You have the right to request the Personal Information MKE collects about you. If you make this request, MKE will provide you with the following (to the extent required by law): (i) the categories of Personal Information MKE collects about you; (ii) the categories of sources from which your Personal Information was collected; (iii) how your Personal Information is processed and the categories of how it was used; (iv) the categories of Third Parties with whom your Personal Information was shared; (v) categories of Personal Information MKE has sold to Third Parties and the categories of such Third Parties. If MKE has not sold your Personal Information, MKE will make that clear in its response.
MKE’s response will be limited to Personal Information collected about you within the last twelve (12) months.
B. Deletion of Your Personal Information. You have the right to request that MKE delete Personal Information collected by MKE. Upon receipt of such request, MKE will delete your Personal Information collected as of the date of such request, except when necessary to: (i) complete the transaction for which the Personal Information was provided or perform a contract with the you; (ii) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity and prosecute those responsible; (iii) debug to identify and repair errors that impair existing intended functionality; (iv) exercise free speech (of business or another consumer) or other rights; (v) comply with the California Electronic Communications Privacy Act; (vi) engage in public or peer reviewed research in the public interest; (vii) enable internal uses reasonably aligned with the expectations of the consumer based on their relationship with the business; and (viii) comply with a legal obligation; (ix) use your Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information
Please note that if MKE deletes your Personal Information, you may not be able to use certain Site functions that require your Personal Information.
C. Selling Your Personal Information. MKE does not sell your Personal Information. However, as a California resident, you have the right to opt-out of any transfer or sale of your Personal Information MKE collects about you. If you choose to opt out, please click the “Do Not Sell My Personal Information” button located on the home page of the Site.
If you are a California resident interested in exercising your privacy choices, please send us a request to email@example.com or click “Request My Personal Information” on the Site home page. For all requests, please include your name, street address, city, state and zip code. We are not to be responsible for notices that are not labeled, are sent improperly or do not have complete information.
7. YOUR RIGHTS
If you are a European resident, you have the right to access personal information MKE holds about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact MKE through firstname.lastname@example.org.
Additionally, if you are a European resident MKE hereby notes that it is processing your information in order to fulfill contracts MKE might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
8. OTHER IMPORTANT INFORMATION
The Sites may link to websites operated by Third Parties that MKE does not control. MKE does not monitor, control, or endorse the information collection or privacy practices of any Third Parties. MKE encourages you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by MKE through the Site or Services and does not apply to these third party websites. The ability to access information of Third Parties from the Site or Services, or links to other websites or locations, is for your convenience only and does not signify MKE’s endorsement of such Third Parties, their products, services, websites, locations or their content.
MKE places a priority on the security of Personal Information, and MKE undertakes reasonable security measures to help protect the data that resides on its servers. MKE also uses secure server software (SSL) to process all financial transactions that occur on the Site. SSL technology can encrypt Personal Information transmitted over the Internet. However, no security system is impenetrable. MKE does not warrant the security of its servers, nor does MKE warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet.
In addition, MKE is not responsible for the privacy or data security practices of other organizations, such as Facebook, Tumblr, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Services.
If you have any questions regarding privacy or this Policy, you may contact MKE as follows: Email email@example.com.
MKE reserves the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless MKE advises you otherwise. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. MKE encourages you to bookmark this Web page and review this Policy regularly.
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