Terms of Use
Trademarks and Copyrights
Redistribution, retransmission, republication or commercial exploitation of the contents of this Website is expressly prohibited without the written consent of Kolcraft and any copyright owner from whom we have obtained a license. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Kolcraft’s written permission. Requests for such permission should be made to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Kolcraft or any third-party, whether by estoppel, implication, or otherwise. All trademarks, brands and trade names are the property of their respective owners. Except as otherwise noted, Kolcraft is the owner of all trademarks and service marks on this Website, whether registered or not. All registered trademarks are registered in the United States of America and other jurisdictions where relevant. Sealy® and Stearns & Foster® are licensed trademarks of Sealy Technology, LLC and Tempur® is a licensed trademark of Tempur World, LLC. The following is a partial list of trademarks of Kolcraft Enterprises, Inc.: Kolcraft® and Contours®.Hyperlinks and Content of Third-party Websites
This Website may contain hyperlinks to third-party websites. Those websites are the sole responsibility of such independent third parties and use thereof is solely at your own risk. Kolcraft has no control over the content or policies of such third-party websites, and we are not responsible or liable for the content, accuracy or reliability of any websites hyperlinked to this Website. Those who choose to access information from this Website, including any such information obtained through any hyperlink, are solely responsible for the compliance of such information with any applicable law.User Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (”Content“) is available on the Website. Some of the Content is provided by Kolcraft, and other Content is provided by persons who use this Website (”Users“), such as User opinions, views, and photos provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Kolcraft strives to keep the Content that it posts on this Website accurate, complete, and up-to-date, Kolcraft cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Kolcraft, or by Users of this Website. Any opinions, advice, statements, photos, or other information expressed or made available by Users or third-parties, including but not limited to bloggers, are those of the respective User or other third-party and not of Kolcraft or its management. Kolcraft does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on this Website. All User Content can be viewed by all Users and anyone viewing this Website. Anything you disclose or offer to us by or through this Website, including Content, e-mails to Kolcraft or any of its brands, postings on interactive portions of this Website (collectively referred to as “Communications”), shall be deemed and shall remain the property of Kolcraft. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Kolcraft is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this Website, through e-mail, or through any means other than through the procedures outlined elsewhere in this Website, you hereby RELEASE Kolcraft from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this Website or Kolcraft, you hereby grant Kolcraft, to the extent you retain any rights, the unlimited, and perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.Interactive Areas and Code of Acceptable Conduct
Kolcraft has the right (but not the obligation), at its sole discretion, to filter, censor, edit, remove, or otherwise regulate information and content provided by third-parties on this Website, including any such information or photographs provided in interactive areas. We neither endorse nor are responsible or liable for the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Privacy
Please see our Privacy Policy for information regarding the collection and use of personal information from this Website. Despite any representations concerning privacy, Kolcraft reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this Website may include additional or different terms relating to the use of personal information collected from such areas or pages.Products and Services
description or reference via hyperlink) does not imply endorsement by Kolcraft of that product or service. Products offered through this website shall be warranted, if at all, through the written warranty provided in connection with such product. Further information regarding product pricing, shipment and deliver and product returns can be found in our Terms of Service.Electronic Communications
When you visit our website or send us e-mails, you have chosen to communicate with us electronically and you consent to receive communications from us electronically. We will communicate with registered users by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy all legal requirements that such communications be in written form.Procedure and Notice for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement must be submitted to the following Designated Agent: Service Provider(s): Kolcraft Enterprises, Inc. Name of Agent Designated to Receive Notification of Claimed Infringement: Vice-President Marketing Full Address of Designated Agent to Which Notification Should Be Sent: 1100 W. Monroe, Chicago, IL 60607 Telephone Number of Designated Agent: (312) 361-6315 Facsimile Number of Designated Agent: (312) 829-2164 E-mail Address of Designated Agent: [email protected] To be effective, the notification must be a written communication that includes the following:- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
