Terms of service

Overview

Welcome to Kids Adventure! The terms "we," "us," and "our" refer to Kids Adventure. Kids Adventure operates this store and website, including all related information, content, features, tools, products, and services, to offer you, the customer, a curated shopping experience (the "Services"). Kids Adventure runs on Shopify technology, which enables us to provide the Services to you.

The following terms and conditions, along with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, and cover areas such as warranty disclaimers and limitation of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link to Privacy Policy]. If you do not agree, you must not use or access our Services.

Section 1 — Access and Account

By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given consent for any minor dependents to use the Services on devices you own or manage.

To use the Services — including accessing, browsing, or purchasing from our online store — you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

We have made every effort to display our products and services accurately in our online store. However, product colors or appearance may differ from your display due to your device and its settings.

We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or match how it's shown in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and to limit quantities offered to any person, geographic region, or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Kids Adventure reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until Kids Adventure confirms acceptance, and we must receive and process your payment before accepting your order. Please review your order carefully before purchasing, as we may not be able to accommodate cancellation requests after an order is accepted. If we don't accept, change, or cancel your order, we'll attempt to notify you via the email, billing address, or phone number provided at the time the order was made.

You may only return or exchange your purchase in accordance with our Refund Policy [link to Return Policy].

You represent and warrant that your purchase is for personal or household use, and not for commercial resale or export.

Section 4 — Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as indicated on the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, or customs/import charges.

Prices published on our online store may differ from those offered in physical stores or other online stores operated by third parties. We may offer promotions from time to time subject to different terms; if a conflict exists between promotion terms and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use it for the purchase; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay the charges incurred at the published prices, including shipping, handling, and applicable taxes.

Section 5 — Shipping and Delivery

We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping carrier, customs processing, or events outside our control. Once we transfer products to the shipping carrier, title and risk of loss transfer to you.

Section 6 — Intellectual Property

Our Services — including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, and audio, along with the design, selection, and arrangement thereof — are the property of Kids Adventure, its affiliate, or licensor, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Kids Adventure, Shopify, or any third party. Unauthorized use of the Services may violate applicable federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kids Adventure.

The names, logos, product and service names, designs, and slogans of Kids Adventure are trademarks of Kids Adventure or its affiliate or licensor. You must not use such trademarks without prior written permission from Kids Adventure. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 — Optional Tools

You may be given access to third-party tools as part of the Services, which we do not monitor and have no control over. You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties of any kind and without endorsement. We will have no liability arising from your use of optional third-party tools.

Any use you make of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you're familiar with and approve of the terms under which they are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. These new features will also be considered part of the Services and subject to these Terms of Service.

Section 8 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access such materials or sites, you do so at your own risk.

We will not be liable for any harm related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review third-party policies and practices before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 — Relationship With Shopify

[Note: this section accurately characterizes Shopify's relationship with your store and must not be removed or modified.]

Kids Adventure runs on Shopify technology, which enables us to offer you the Services. However, any sale or purchase made in our store is made directly with Kids Adventure. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Kids Adventure, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchase and transaction with Kids Adventure.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, available here [link], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify, and with third parties who may be located in a country other than where you reside, in order to provide you with the Services.

Section 11 — Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any medium for any purpose, including commercial use.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to any feedback; (ii) you have disclosed any compensation or incentive received related to your feedback; and (iii) your feedback complies with these Terms. We have no obligation to keep your feedback confidential, pay compensation for it, or respond to it.

We may, but have no obligation to, monitor, edit, or remove feedback we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your feedback will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you submit and its accuracy.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you've submitted your order).

Section 13 — Prohibited Uses

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or malicious purpose; (b) violate any regulation, rule, or international, federal, provincial, or state law, or local ordinances; (c) infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) transmit false or misleading information; (f) transmit any material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Kids Adventure, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext; (e) use any robot, spider, scraping tools, automated data collection tools or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or evade security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or cancel your account at any time, without notice, if we determine you have violated any part of these Terms.

Section 14 — Agents

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an "Agent" (any software or service that performs autonomous or semi-autonomous actions on behalf of or by instruction of any person or entity) to access, use, or interact with any Service. No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict conformity with the requirements below at all times. Agents must: identify that a request comes from an Agent in every request; not conceal or create confusion about the fact that access, use, or interaction comes from an Agent; respond truthfully to any question seeking to determine whether interactions come from a human or a computer; and not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services. We may limit any Agent's access to the Services, including through technical measures.

Section 15 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 — Disclaimer of Warranties

The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services.

UNLESS OTHERWISE EXPRESSLY STATED, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIDS ADVENTURE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Kids Adventure, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim, damage, loss, or liability, including reasonable attorneys' fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not release you from your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (not to be unreasonably withheld). You will cooperate in defense of indemnification claims, including by providing relevant documents.

Section 19 — Severability

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

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 22 — Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts of the jurisdiction where Kids Adventure is headquartered (Florida, United States). You and Kids Adventure agree to submit to the personal and exclusive jurisdiction of such courts.

Section 23 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms of Service should be sent to kidsadventure@use.startmail.com.

Kids Adventure Email: kidsadventure@use.startmail.com Address: 4325 Colonial Cir, 4325 B, Bradenton, FL 34208, United States Phone: (941) 928-0917 Business registration number: [to be completed] VAT / EIN number: [not applicable for U.S.-based businesses without international tax registration; complete with your EIN if applicable]