Terms of Use – Aventura Kids

Terms of Use

TERMS OF USE

Aventura Kids is a DBA under Betty and Harriet’s Kids, LLC. This website, located at www.Aventura Kids.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by Betty and Harriet’s Kids, LLC, doing business as Aventura Kids (“we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

1. You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Aventura Kids may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by Aventura Kids. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Aventura Kids products and/or services. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen years of age.

You agree that Aventura Kids may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Aventura Kids membership, any promotion, accumulated reward or virtual currency associated with your subscription and/or email address, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your subscription and access to our assets and pages may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Aventura Kids may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your Aventura Kids access and subscription includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with your user ID and email (or any part thereof). You agree that all terminations for cause shall be made in Aventura Kids sole discretion and that Aventura Kids or Nexxos Marketing Group, LLC shall not be liable to you or any third party for any termination of your subscription and /or access, associated with your user ID and/or email address,

You may terminate your subscription, this Agreement, and your right to use your subscription and/or access to our pages at any time and for any reason or no reason, by unsubscribing and contacting us at: [email protected].

3. User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content and or images to the Site. Aventura Kids does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site,Aventura Kids is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Aventura Kids to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Aventura Kids reserves the right to block or remove communications or materials that it determines to be unacceptable to Aventura Kids, in its sole discretion.

By submitting any user-generated content, you hereby grant Aventura Kids (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at Aventura Kids sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Aventura Kids employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

4. Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Betty and Harriet’s Kids, LLC DBA- Aventura Kids (and Aventura Kids officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

5. Notice; Electronic Communications

When you visit this Site, send emails to Aventura Kids, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Aventura Kids.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also opt out to prevent you from receiving email messages regarding special offers, improvements, or other updates.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

6. Privacy

Aventura Kids Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by Aventura Kids in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

7. Practices; Typographical Errors; Colors

You acknowledge that Aventura Kids may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Aventura Kids reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Aventura Kids shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Aventura Kids be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Aventura Kids makes no guarantees that any actual colors of products or features will be 100% true or accurate.

8. Disclaimer – Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Aventura Kids HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Aventura Kids does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Aventura Kids does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Aventura Kids, and Betty and Harriet’s Kids, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your subscription, user ID and email (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

10. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Aventura Kids, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Links

In an attempt to provide increased value to our visitors, Aventura Kids may link to sites operated by third parties. However, even if the third party is affiliated with Aventura Kids. Aventura Kids has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Aventura Kids. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Aventura Kids specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Aventura Kids does not endorse the content, or any products or services available, on such sites. Nonetheless, Aventura Kids seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non-confidential and non proprietary.

12. Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Aventura Kids, Betty and Harriet’s Kids, LLC, or its affiliates. The Contents, including its trademarks such as Aventura Kids, and design, and Logo, may not be used by you for any commercial purpose without Aventura Kids’s written consent.

All software used on this Site is the property of Aventura Kids or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

13. Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at [email protected]

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Aventura Kids website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

14. Law and Jurisdiction

This agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of Courts in Florida, U.S.A. in all disputes arising out of or relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site of Aventura Kids (Aventura Kids.com) are a material fact.

15. Assignment

Aventura Kids may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

16. Rewards

Rewards, credits, and other forms of virtual currency provided to you by Aventura Kids or its partners for use on Aventura Kids.com (collectively Rewards) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. Rewards will expire 12 months after the date of issuance, unless otherwise stated by Aventura Kids. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.

17. Privacy Policy

Aventura Kids.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a Aventura Kids.com subscription, make a purchase, communicate with us via social media, write a product review, create a wish list, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:Information We Collect & How We Use It

Information You Provide to Us

We receive and store any information you knowingly provide to us, such as:
– Full name
– Email address
– Phone number
– Shipping address
– Billing information and and other sensitive financial information, specifically for the purpose of completing your transaction)
– Username and password for your Aventura Kids.com subscription

– A record of your Aventura Kids.com orders, purchase history, and shopping behavior and preferences
– Information provided by you through your interactions with us in social media
– Location and geographic information that could be collected if you use our mobile site or app.
– Other details that you may submit to us or that may be included in the information provided to us by third parties.

Information Collected Automatically

We use third-party website analytics tools (including Google Analytics) that automatically collect non-personally identifiable information from your browser to our server logs whenever you interact with our Site. Such information includes, but is not limited to, IP address, pages viewed, site navigation patterns, details about the devices used to access the Internet and our Site, and geo-location tracking information if you are accessing our Site from a mobile device. It is obtained by automated means, such as cookies and web beacons. Cookies are text files that are transferred to your computer’s hard drive as you navigate our Site and other sites. We use cookies to help us show advertisements on other websites likely to be more interesting to you; to compile aggregate data about site traffic and site interaction; and to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services, site experiences, and tools in the future. You may be able to adjust the preferences on your browser or device to change your devices acceptance of cookies, but doing so may limit our ability to provide content tailored to you.
We may collect and store non-personally identifiable usage information (including frequency and number of visitors to our Site). Such data is used only in aggregate form and in a manner that assures your anonymity. We may provide this anonymous, aggregate information to our partners; and our partners may additionally use such information in order to determine general usage patterns and trends in an effort to provide you with an improved online experience.

Email & Other Communications

We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.
We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link.

How We Use Your Information

All of the personal information we collect from our customers is for the purpose of the reasoning described above , as well as:
– processing, verifying, validating, and completing your transaction
– creating, managing, and maintaining your subscription to this Site
– providing requested customer support and services
– record keeping of your purchase history
– enabling communication via our Site, blog, and social networks
– managing your participation in contests and promotions
– sending email as appropriate (See Section c: Email & Other Communications)

Aventura Kids.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to Aventura Kids.com. We will promptly delete any personal information from a person under the age of 13 should we discover that we have collected such information from a person under the age of 13 without verification of parental consent. If you believe we may have collected information from a person under the age of 13, please promptly contact info@Aventura Kids.com so we can correct.

Aventura Kids.com does not share the personal information of its users with any unaffiliated third parties for their promotional purposes. We share your personal information with unaffiliated third parties only to ensure the payment and delivery of your purchased goods.

Legal Disclosure
1. We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) as Aventura Kids (Aventura Kids.com), in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of Aventura Kids (Aventura Kids.com)’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
1. Links to Third Party Websites

This Site may contain links to other websites. Aventura Kids (Aventura Kids.com) takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.

User-Generated Content & Information Disclosure

Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, comments, on social media pages, in connection with contests and promotions, and on the Aventura Kids blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. Aventura Kids (Aventura Kids.com) is not responsible for the personal information users select to disclose in these forums.

Aventura Kids (Aventura Kids.com) utilizes some of the most advanced technology available today for Internet security purposes. When you access our checkout using industry standard Secure Socket Layer (SSL) technology, your information is protected with both server authentication and data encryption, ensuring that your data is safe, secure, and available only to Aventura Kids.
Aventura Kids is Florida based entity. As such, all applicable laws, statutes, regulations, and valid court orders stemming from the originating jurisdiction of Florida shall be the basis for interpretation for any conflict of laws provisions, with the State of Florida as the venue for any such dispute, as applicable
Privacy Policy Updates
Aventura Kids may, at any time and without notice, modify and update this Privacy Policy by revising it on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Privacy Policy.

20. Questions and feedback

We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to [email protected]