Terms and Conditions of Use for Muukids.com

Welcome to muukids.com (the "Site"). Muukids.com is comprised of several web pages operated by Muu Incorporated ("Muu"). Please review the following basic rules that govern your use of the Site. Please note that by using the Site, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS ("Terms and Conditions") as set forth below as well as all applicable laws and regulations. In addition, you agree to indemnify and defend us against any and all claims by third parties arising out of your use of our Site in violation of these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use our Site. Muu reserves the right to update or modify these Terms and Conditions at any time without prior notice.

Limited License
You should assume that everything that you read or see on our Site is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on our Site may be copied or used except as provided in these Terms and Conditions or with our prior written approval.

We grant you permission to print individual pages from our Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about our services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title. We make no warranties or representations to you that your use of any materials displayed on our Site will not infringe the rights of other parties.

You may create a link from your web site to the home page of muukids.com provided that you obtain prior written consent from Muu and provided that you do not link to the Site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.

The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page or the bringing up of or presenting content within another web site ("framing") is not permitted without prior written permission from Muu. In the cases where the Site may contain links to other external web sites, Muu shall not be responsible for the availability or content of such external websites, and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such external sites.

Restrictions on Use of Materials on Our Site
All material on our Site, including all files, images, text, software, and data, are the property of Muu. These materials are licensed to you for your personal, non-commercial use. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on our Site without our prior written permission.

Third Party Web Sites
We may provide links and pointers to web sites maintained by others. We have not reviewed the web sites linked to our Site and are not responsible for the content of or any products or services offered on such sites. We expressly disclaim any liability related to such sites and their products and services.

Submitted Information
If you submit any information to us, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on our Site, on a bulletin board, or in any other manner. We may from time to time monitor, review and, in our sole discretion, modify or delete any postings you make on our Site.

Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us and we have the right, in our sole discretion without limitation to delete or otherwise remove any information transmitted to us.

Through your use of our Site, you may submit and/or we may gather certain limited information about you and your web site usage. We are free to use such information for any purpose we deem appropriate in accordance with our Privacy Policy (see below).

Disclaimer and Limitation of Liability
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SITE. ALL MATERIAL ON OUR SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON OUR SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. WE MAKE NO WARRANTY THAT OUR SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN ANY CASE, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY MERCHANDISE OFFERED ON THIS SITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR SUCH MERCHANDISE. FURTHER, WE WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, EVEN IF WE HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THIS SITE. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

United States Only
All materials on our Site are provided solely for the purpose of promoting our services in the United States and its territories. We make no representation that the materials on our Site are appropriate or available for use in other locations. If despite these conditions, you use our Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

Intellectual Property
Unless otherwise noted, all content, including images, text, illustrations, designs, icons, photographs and written and other materials that is part of the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Muu or by third parties who have licensed their materials to Muu. Muu and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Muu's or any third party's intellectual property rights.

Color
We have used our best efforts to display the color of our merchandise that appears on the Site as accurately as possible. In light of the fact that the color you see will depend upon your monitor, we cannot guarantee that your monitor's display of any color is accurate.

Modification and Termination of This Agreement
We may modify these Terms and Conditions at any time without notice to you. We may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion without limitation, that you have breached or may breach any term or condition of this agreement, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.

Risk of Loss
All items purchased from Muu are made pursuant to a shipment contract. The risk of loss and title for such purchased items therefore pass to the purchaser upon delivery to the carrier.

Pricing and Availability
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Muu reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Muu will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. All prices are quoted in U.S. Dollars.

Miscellaneous Terms
These Terms and Conditions of Use will be governed by and construed under the laws of the State of California without reference to its conflict of law principles. You consent to jurisdiction in the State of California. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms and Conditions shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter.

MUU PRIVACY POLICY
Muu Incorporated ("Muu") is committed to protecting your privacy. The MUUKIDS.COM website (the "Site") was developed by Muu. This Policy is effective as of May 28, 2009.

Muu understands that security and privacy are important issues for visitors to our Site and recognize our obligation to keep your information secure and confidential. In order to demonstrate our firm commitment to protecting your privacy, we created the following policy which describes how we collect and use your personal information and about the choices you have concerning such use. From time to time, we may modify this Privacy Policy (the "Policy") to address new issues or changes to our practices. These changes will be posted here so that you will always know our privacy policies. Please check the Site and the Policy periodically to see if there have been any changes. We will always apply the Policy under which your information was collected, unless we obtain your prior consent.

Collection of Information
You may be asked to voluntarily provide your name, billing address, shipping address, phone number, credit card number, email address or other personally identifiable information ("Personal Information") to make purchases or to have access to some features of the Site. By using the Site and providing us with your Personal Information, you consent to our use of such information as described in this Policy. You may always refuse to provide your Personal Information, and this may lead to our inability to provide you with certain products or services. We or our business partners may also collect information that is anonymous, such as your IP number (a number used to identify your computer on the Internet) or the type of browser you are using ("Anonymous Information"), through the use of cookies or by other means. We hope that, by using Anonymous Information, we can update the site to make it more useful to you and other users. We reserve the right to maintain, update, disclose or otherwise use anonymous Information, without limitation.

Use of Cookies
When you visit the Site, we or a third party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. For example, cookies allow us to tailor the Site to better match your interests and preferences. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of many of the Site's features.

Potential Use of Information
We use your Personal Information for the following purposes: to process your orders and administer your account; to administer and improve our Site and related services; with your permission, to notify you of our products, services, promotional events or special offers that maybe of interest to you; to provide Internet security; and to meet legal requirements. We may work with our business partners who may perform certain functions on our behalf, such as fulfilling orders, sending email messages, managing data, processing credit card payments or providing customer service. These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose. Other than for the specific purposes set forth in this Policy, we will not disclose your Personal Information unless we obtain your prior consent or are legally required to do so. We may use third party advertising companies to place our ads on other web sites. These companies may use Anonymous Information about your visits to this and other web sites to provide advertisements on the Site and other sites about goods and services that may be of interest to you. If Muu is involved in the sale of a substantial portion of its business assets, Anonymous or Personal Information maybe among the transferred assets.

Information and Children
We are committed to protecting the privacy of children. Our activities are not intended for or designed to attract children under the age of 13. We encourage parents and guardians to be aware of and participate in their children's online activities. We strictly adhere to the Children's Online Privacy Protection Act and will not knowingly collect, use or disclose Personal Information from any child under the age of 13 in any manner that violates this law.

Protecting Information
Protecting the security of your privacy and confidentially of your personal information is very important. Therefore, we have put strong security measures in place to attempt to protect your personal information. Access to your personal information is limited to our employees and other authorized individuals.

Email Advertising
In the event you do not wish to receive promotional email from MUUKIDS.COM, follow the opt-out instructions contained within the body of any email message you receive or email info@muukids.com and type unsubscribe in the subject line.

Links to other web sites
The Site may contain links to other sites on the Internet that are owned and operated by third parties. We are not responsible for the collection or use of your Personal or Anonymous Information at any third party sites. Therefore, we disclaim any liability for any third party's use of your Personal or Anonymous Information obtained through using the third party web site.

Questions
For questions or comments about this Policy, please contact us by email at info@muukids.com. Please provide a concise communication with complete information, including your contact information. If you wish to update your Personal Information provided to us, please email info@muukids.com.