Terms of Service

By accessing or using the Kiddofolio website or services, including by browsing the Site or reserving a gallery project, 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 parents, guardians, relatives, other purchasers of our services, and visitors to kiddofolio.com (the “Site”). If you purchase services on behalf of another person or an organization, you represent that you have authority to do so. A parent or legal guardian must authorize the use of a child’s art and display name and approve the finished gallery before publication, even if someone else purchases it as a gift. 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 customers by email. By accessing or using Kiddofolio after changes become effective, you agree to be bound by the modified Terms.

Our Gallery Service

Kiddofolio provides a done-for-you service for children’s drawings, paintings, and other two-dimensional art. You send the art; we sort it, scan every submitted piece, select the art to showcase, and create a custom gallery website (a “Gallery”). You do not need to sort the collection or choose the pieces first. Our curation, scanning, website creation, delivery, and related offerings are referred to as the “Services.”

Each standard package covers one child. The 25-piece Gallery accepts up to 100 submitted pieces; the 50-piece Gallery accepts up to 250; and the 100-piece Gallery accepts up to 500. The Gallery website and printed keepsake book feature the selected 25, 50, or 100 pieces, with the full number included when enough suitable art is submitted. We scan every submitted piece within the agreed scope and provide a complete folder of digital copies, including art not selected for the Gallery.

Every standard package includes curation, scanning, a custom Gallery website, a printed keepsake book of the selected art, a prepaid shipping box, and return of all original pieces in a keepsake archival box. You receive a complete, portable copy of the website and a complete folder of digital copies of the submitted art, delivered online and on a USB drive returned with your originals.

Every gallery includes five years of hosting and custom domain registration. Before that period ends, we’ll send you a renewal quote. We renew only with your approval; there is no automatic charge. You own your website and its files, so you can also move it to another provider.

Already have a domain? We can use it.

The total price is the price for the package or written quote you accept when reserving. A 50% deposit reserves your project, and the remaining 50% is due after your approval and before publication. Contact us before sending oversized 2D art, exceeding your submission limit, or requesting a different scope. Optional services, multiple-child requests, later updates, and other changes in scope are quoted separately and agreed with you before work begins.

For customer cancellations, the 50% deposit is nonrefundable once your reservation is confirmed, even if work has not begun. The remaining 50% is due after you approve the finished site and before publication.

Selection, Approval, and Publication

We select the art and organize and design the Gallery. You may share preferences through the optional intake form. Before publication, a parent or legal guardian reviews and approves the selection, the child’s display name, and the finished website. Reasonable requests to replace selected pieces with other submitted art and reasonable website revisions are included.

Galleries are public and shareable, not private, unlisted, or password-protected. We use an approved first name or nickname and leave out last names, faces, school names, and other identifying details. We review the art selected for publication and remove identifying details from the versions shown online. These precautions do not guarantee anonymity. Scanning a piece does not mean it will be published: the complete folder delivered to you is separate from the approved public Gallery.

Optional preservation services may allow permanent publication to a public, decentralized storage network. Such publication may not be editable or deletable afterward, as described in our Privacy Policy, and requires your explicit agreement before it takes place.

Site Content and Licensing

“Site Content” means the text, images, design, and other materials available through the Site and Galleries. Except for the ownership of your art and finished Gallery described below, Site Content remains owned by its respective creators and rights holders.

Public access to a Gallery does not itself grant visitors permission to reuse the art. You must comply with any license terms or usage restrictions attached to Site Content you access or use. Nothing in these Terms transfers ownership of another family’s art or Gallery to you.

Submitted Art and Content

“Content” means the art, captions, dates, display name, preferences, and other materials you provide for your project.

You retain ownership of your child’s art, your Content, and your finished Gallery; Kiddofolio does not claim ownership of them. By submitting Content, you grant Kiddofolio a worldwide, non-exclusive, royalty-free license to store, scan, reproduce, format, and organize it solely to provide the Services you request. This includes creating and delivering your digital copies, preparing and printing the selected-art book, and hosting and displaying the Gallery you approve. We may make technical adjustments and remove identifying details from the versions prepared for publication.

This permission does not authorize us to use your child’s art or Gallery to promote Kiddofolio. We do not showcase clients’ Galleries as public examples, and we will not ask to use yours. The examples on our Site belong to our cofounders, Willa and Gray.

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 submit and share Content relating to a child, including any consent required from a parent, guardian, or other authorized person under applicable law.

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

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

• May review submitted Content and monitor 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 make technical or privacy-related adjustments as described above or withhold it from publication.
• Have no liability for monitoring, modifying, removing, or declining to publish 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 the Content you submit and your use of the Services, including actions by anyone you authorize to act on your behalf.

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.
• Submit or share personal information about a child or any third party beyond what is reasonably necessary to provide the Services, 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 children’s art and family-friendly display, customers must exercise special care when providing names, captions, and other information relating to a child. You represent and warrant that you have all rights, permissions, and consents necessary to submit 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 Galleries, terminate Services, 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.

Project Information and Termination

We require contact, shipping, project, and approval information to provide the Services. If you elect not to provide necessary information, we may be unable to complete your project.

You must provide information that is accurate, current, and complete and keep it up to date. You must promptly notify Kiddofolio of any unauthorized access to credentials or files supplied for your project or any other breach of security. We are not liable for any loss or damage arising from your failure to protect credentials provided to you.

We reserve the right to:

• Terminate or suspend Services for any reason or no reason.
• Suspend or terminate Services 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 Services 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 submission or publication of 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, contact-form processing, payment processing, shipping, printing, 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 you provide for your project; 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].