Terms of Service

By accessing or using the Kiddofolio website or services, including by browsing the Site or creating or managing a Portfolio, you accept and agree to be bound by these Terms of Service.

These Terms of Service (“Terms”) are a legal agreement between CrimConsortium LLC, doing business as Kiddofolio (“Kiddofolio,” “we,” “us,” or “our”), a Georgia limited liability company with offices at 333 Snead Road, Fayetteville, GA 30215, United States, and you.

In these Terms, “you” means any person who accesses or uses Kiddofolio, including (a) parents, guardians, family members, and other individuals who create or manage a Portfolio; (b) any visitor to the Kiddofolio Site; and (c) any organization or institution that uses Kiddofolio. If you use Kiddofolio on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization. Kiddofolio is intended for and marketed to families located in the United States only.

We may modify these Terms at any time by posting updated Terms on kiddofolio.com and, where appropriate, notifying registered users by email. By accessing or using Kiddofolio after changes become effective, you agree to be bound by the modified Terms.

Portfolios

Kiddofolio allows registered users to create and administer custom websites, digital galleries, portfolios, and similar spaces for a child’s drawings, paintings, projects, artwork, learning records, and achievements (“Portfolios”). Kiddofolio is designed primarily for families—parents, guardians, and the close friends and relatives with whom they choose to share a child’s work—though other individuals and organizations may also use it.

A Portfolio may reside on the kiddofolio.com domain or on a custom domain selected by the Portfolio administrator but served from Kiddofolio’s infrastructure. Certain optional features may allow permanent publication of Content (for example, to a public, decentralized storage network) that cannot later be edited or deleted; where such a feature is offered, it is described further in our Privacy Policy and requires your affirmative choice. The person who creates or administers a Portfolio (for example, a parent, guardian, family member, or, where applicable, an authorized organization) has sole discretion to decide whether and how to include content in that Portfolio.

You may submit or upload content (“Content”) for inclusion in a Portfolio, but the Portfolio administrator has sole discretion to decide whether and how to include such Content. We may display in your account profile a list of your Portfolios and Content, and we may send you notifications about your Portfolios if you have opted in to receive email from Kiddofolio.

Site Content and Licensing

“Site Content” means all content, features, and functionality provided via kiddofolio.com, including Portfolios, galleries, text, images, videos, and other materials created by us or by users other than you (“Third-Party Content”), as well as your own User-Generated Content.

Except where otherwise noted by us or by a Portfolio administrator, Site Content remains owned by its respective creators and rights holders. Portfolio administrators may select and indicate a license for the Content in their Portfolios and are responsible for accurately reflecting that license. You must comply with any license terms or usage restrictions attached to Site Content you access or use.

Unless explicitly stated, nothing in these Terms grants you any ownership interest in Site Content; you receive only the limited rights expressly described here.

User-Generated Content

Kiddofolio includes features that allow you or others to contribute User-Generated Content, including a child’s artwork, photographs, videos, captions, text, comments, and other materials.

You retain ownership of your child’s artwork, your Content, and your finished Portfolio; Kiddofolio does not claim ownership of them. By submitting User-Generated Content, you grant Kiddofolio a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as resizing or reformatting), display, and distribute that Content solely for the purpose of operating, improving, and promoting Kiddofolio and the relevant Portfolios.

You represent and warrant that:

• You have all rights necessary to grant this license.
• Your Content is authored by you or otherwise lawfully provided and does not infringe the rights of others.
• You have all rights, permissions, and consents necessary to upload and share Content relating to a child, including any consent required from a parent, guardian, or other authorized person under applicable law.

User-Generated Content must also comply with the Acceptable Use and Safety section of these Terms.

We, and any third-party service providers supporting Kiddofolio:

• May monitor User-Generated Content on the Site.
• May modify, edit, or remove Content at our discretion, without notice, and for any reason.
• May decide, at our discretion, not to publish or display certain Content.
• Will not modify or edit a child’s creative work for artistic purposes but may withhold it from publication in its entirety.
• Have no liability for monitoring, modifying, removing, or declining to publish User-Generated Content.

You acknowledge that the views and opinions expressed by users on Kiddofolio are theirs alone and should not be ascribed to us. You understand that by using Kiddofolio you may be exposed to Content that is offensive, inaccurate, or otherwise inappropriate, and you agree that we are not liable for such Content.

Acceptable Use and Safety

You may use Kiddofolio only for lawful purposes and in accordance with these Terms. You are responsible for all activity that occurs through your account, Portfolio, or use of the Services, including activity by anyone you authorize to access them.

You agree that you will not, and will not permit any other person to, use Kiddofolio to:

• Upload, post, store, transmit, or share any content that is unlawful, defamatory, fraudulent, threatening, abusive, harassing, hateful, or invasive of another person’s privacy.
• Upload, post, store, transmit, or share any content that is sexually explicit, exploits or sexualizes children, depicts child abuse, or otherwise endangers minors in any way.
• Upload, post, store, transmit, or share any content that includes violence, extremism, profanity directed at children, or other material that a reasonable person would consider inappropriate for a child-focused service.
• Impersonate any person or entity, misrepresent your affiliation with a person or organization, or falsely suggest that content is sponsored or approved by Kiddofolio.
• Upload, post, store, transmit, or share content that infringes or misappropriates any copyright, trademark, privacy, publicity, or other legal rights of another person.
• Upload, post, store, transmit, or share personal information about a child or any third party beyond what is reasonably necessary for the intended family or educational purpose of the Portfolio, or without any consent required by applicable law.
• Use Kiddofolio to stalk, bully, intimidate, embarrass, dox, threaten, or otherwise harm any child, family member, or third party.
• Use Kiddofolio to distribute spam, phishing messages, malware, malicious code, or any material intended to disrupt, damage, or gain unauthorized access to systems, data, or networks.
• Interfere with or disrupt the integrity, security, or performance of Kiddofolio or any related system, including by probing, scanning, extracting, reverse engineering, or attempting to bypass security or access restrictions.
• Access or use Kiddofolio in a manner that could damage, disable, overburden, or impair the Services or interfere with any other user’s use of the Services.
• Use Kiddofolio for unlawful commercial solicitation, deceptive marketing, or any purpose unrelated to the ordinary family or authorized use of the Services.

Because Kiddofolio is intended for a child’s artwork and family-friendly display, users must exercise special care when uploading images, names, captions, audio, video, and other information relating to a child. You represent and warrant that you have all rights, permissions, and consents necessary to upload and share that content, including any consent required from a parent, guardian, or other authorized person under applicable law.

Kiddofolio may investigate any suspected violation of this section and may remove content, suspend access, disable Portfolios, terminate accounts, or take any other action it reasonably deems appropriate, with or without notice. Kiddofolio may also report content or conduct to law enforcement, child-safety organizations, internet service providers, or other appropriate third parties where it believes doing so is necessary to protect users, enforce these Terms, or comply with law.

Kiddofolio reserves the right, but not the obligation, to monitor content and use of the Services for compliance with these Terms and to protect the safety of children, families, and the public. We do not guarantee that monitoring will detect or prevent all prohibited conduct or content.

Registration, Accounts, and Termination

Certain areas of Kiddofolio require registration or the provision of information to participate. If you elect not to provide requested information, you may be unable to access certain features.

When you register, you must provide information that is accurate, current, and complete. You must keep this information up to date and must promptly notify Kiddofolio of any unauthorized use of your account or password or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to:

• Terminate or suspend any registration or account for any reason or no reason.
• Suspend or terminate accounts immediately for violations involving child safety, unlawful content, privacy violations, or security abuse.
• Refer suspected fraudulent, abusive, or illegal activity to law enforcement authorities.

If we terminate your account other than for breach of these Terms, we will refund a pro-rated portion of any prepaid fees for the remaining term associated with those fees.

Disclaimer of Warranty and Limitation of Liability

Your use of Kiddofolio is at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDDOFOLIO AND ITS AFFILIATES, SERVICE PROVIDERS, AND PARTNERS (COLLECTIVELY, THE “DISCLAIMING PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

You agree that the Disclaiming Parties will not be liable to you for any indirect, consequential, incidental, special, or exemplary damages arising out of or relating to these Terms or your use or inability to use Kiddofolio, whether based in contract, tort, or other law, even if advised of the possibility of such damages. To the extent permitted by law, the total cumulative liability of the Disclaiming Parties for any direct damages arising out of or relating to these Terms or your use of Kiddofolio will not exceed the amount you paid to Kiddofolio for the services giving rise to the claim during the twelve (12) months preceding the event that gave rise to the claim.

Indemnification

You will indemnify and defend Kiddofolio and its affiliates, officers, employees, contractors, agents, and partners (the “Indemnified Parties”) and hold them harmless from and against any claim, loss, damage, liability, or expense, including reasonable attorneys’ fees, arising out of or related to:

1. Your use of Kiddofolio.
2. Your posting or publication of User-Generated Content.
3. Your breach of these Terms or of any representation or warranty you make.
4. Your violation of applicable law or of third-party rights.

The Indemnified Parties may assume the exclusive defense and control of any matter subject to indemnification, at their own expense, and you agree to cooperate with such defense.

Third-Party Services and Beneficiaries

Kiddofolio may use or integrate third-party services to provide hosting, analytics, payment processing, shipping, or other functionality. The categories of third-party providers we use are described in our Privacy Policy (available at kiddofolio.com/privacy). Those third parties may have their own policies and terms, and your use of such services may be subject to those policies.

Third-party service providers and partners are third-party beneficiaries of these Terms to the extent their interests appear, and they may, together with Kiddofolio, enforce relevant provisions of these Terms. These parties may assign or transfer their rights and obligations under these Terms in connection with any transfer of their services or platforms.

General

These Terms (including any Acceptable Use language and our Privacy Policy at kiddofolio.com/privacy) constitute the entire agreement between you and Kiddofolio regarding your use of the Site and supersede any prior agreements relating to the same subject matter. If Kiddofolio enters into a separate written agreement with an organization or institution, that agreement will govern to the extent it conflicts with these Terms.

We may modify Kiddofolio’s features and services at any time, with or without notice, by updating the Site and these Terms. Section headings are for convenience only and have no legal or contractual effect. The provisions of these Terms will survive termination of services to you to the extent necessary to fulfill their essential purposes.

These Terms will be governed by the laws of the State of Georgia, without regard to its conflict-of-laws provisions. In the event of any dispute arising out of or relating to these Terms or your use of Kiddofolio, the state and federal courts located in Fayette County, Georgia, will have exclusive jurisdiction, and both you and Kiddofolio agree to submit to the personal jurisdiction of such courts.

Any failure by Kiddofolio to enforce any provision of these Terms will not constitute a waiver of that provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be interpreted to have the broadest validity consistent with law, and the remaining provisions will remain in full force and effect.

These Terms are personal to you and are not assignable by you without our prior written consent. Kiddofolio may assign or transfer these Terms and your agreement to them, in whole or in part, upon notice to you, and these Terms will be binding on and inure to the benefit of our successors and assigns.

Any notice we provide to you may be sent to the email address associated with your account; you are responsible for keeping that email address current.

Questions and Contact

If you have any questions about these Terms of Service or Kiddofolio generally, please contact us at [email protected].