Terms of Service

2.1 User Input and User Output

As part of using the Service, you may input, post, upload, and submit information to the Service (hereinafter referred to as "User Input") and instruct the Service to generate and output new content based on your User Input (hereinafter referred to as "User Output", i.e., relevant content such as picture books and coloring pages generated through the Service). We do not claim any ownership of your User Input or User Output, nor do we restrict your right to use User Output for personal purposes (including commercial purposes). Between you and us, we hereby assign all rights, ownership, and interests in any User Output-related rights that we may have to you. However, the following exception applies: If a User applies to share their User Output to the public community and passes the Company's review, and the Company refunds the token points used by the User to generate such User Output, the ownership and rights to such User Output shall be fully transferred to the Company from the date of completion of the token refund. The Company shall have the right to conduct all acts including but not limited to displaying, storing, and using for commercial purposes with respect to the User Output whose ownership has been transferred. Furthermore, you acknowledge that due to the nature of generative artificial intelligence tools, your User Output may not be unique, and other Service users may generate User Output similar or identical to yours by providing the same or similar User Input. Your User Input, User Output, and any other information, materials, or content you post, upload, submit, or provide through the Service (such as account nickname, account avatar, and comments) are collectively referred to as "Your Content". You shall be fully responsible for Your Content, including taking all necessary measures to ensure that it does not violate any laws, third-party rights, or the provisions of these Terms.

2.2 Creation and Protection of Accounts

To use certain features of the Service, you need to create an account or link other accounts (such as Apple, Facebook, or Google accounts) (hereinafter referred to as "Account"). You agree to provide us with accurate, complete, and up-to-date Account information. You may view, edit, and update your Account information by accessing the profile page on the Website or App. You shall be fully responsible for all activities related to your Account and shall be responsible for maintaining the confidentiality and security of your password. We shall not be liable for any acts or omissions related to your Account. If you know or have reasonable grounds to suspect that your Account or password has been stolen, misused, or otherwise compromised, or if any actual or suspected unauthorized use of your Account occurs, you must immediately notify us via support@childrenbooks.online. If we have previously deleted your Account or prohibited you from using any of our services, you may not create another Account unless you obtain our prior written consent.

2.3 Payment of Subscription Fees

If you purchase or subscribe to any of our paid Services, you agree to pay the corresponding fees and taxes in U.S. dollars or other currencies designated by us. Failure to pay such fees and taxes will result in the termination of your access to the paid Services. You agree that: (A) If you subscribe to any auto-renewing service, we may store and continue to deduct payments from your payment method (such as a credit card) to avoid service interruption; (B) We may calculate the taxes you owe based on the billing information you provide at the time of purchase. We reserve the right to modify subscription plans or adjust service prices at any time and in any manner in our sole discretion. Except as otherwise provided in these Terms, any price changes or subscription plan changes will take effect after we provide you with reasonable notice. All subscription fees shall be paid in accordance with the payment terms in effect at the time of the subscription expiration. You may pay by credit card, debit card, or other payment methods provided by us, and authorize us to deduct the full purchase amount from your payment method. You confirm and agree that all payment information you provide is accurate, up-to-date, and complete. You represent and warrant that you have the right to use the payment method you provide to us or our payment processor (including but not limited to any credit card provided to complete the transaction). The subscription service will take effect upon full receipt of payment, and any freezing measures taken by any other payment processor on your account shall be your sole responsibility.

2.4 Upgrade of Paid Services

If you are a subscriber to any of our paid Services and upgrade to a higher-tier paid Service (hereinafter referred to as "Upgrade Plan") before the end of the current subscription period, you authorize us to charge you the difference in fees and taxes between the original lower-tier paid Service and the Upgrade Plan for the remaining period of the current subscription period.

2.5 Renewal and Cancellation of Subscriptions

You agree that if you purchase a subscription service, your subscription will automatically renew at the cycle frequency indicated on the subscription page (or monthly if not indicated) and will be billed at the then-effective price, and your payment method will be automatically deducted for the applicable fees and taxes of each new subscription period at the start of such period. To avoid subsequent subscription fee deductions, you must cancel the subscription by accessing the billing management page on the Website or App and clicking "Cancel Subscription" five (5) days prior to the renewal date of the subscription period.

2.6 Subscription Fees Are Non-Refundable

Except as expressly provided in these Terms, all payments for subscription services and other paid items on this Website are non-refundable and no credit will be provided for partial usage periods. However, after you cancel your subscription, you may continue to access the paid Services for the remainder of the subscription period for which you have paid. Notwithstanding the foregoing, if the Company suspends, deletes, or terminates your Account or Service due to your violation or suspected violation of these Terms, your access to the paid Services will be immediately terminated regardless of whether you have paid the fees for the current subscription period, and you will not be entitled to any refund.

3.1 License to Your Content

To operate the Service, we must obtain specific license rights to Your Content from you to ensure that our actions in operating the Service do not constitute illegal acts. Therefore, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, copy, transmit, display, publish, distribute, and modify Your Content (solely for technical purposes, such as ensuring that the content can be normally displayed on smartphones, computers, and other devices), but such license is only necessary for operating, improving, promoting, and providing the Service. You agree that such rights and licenses are royalty-free, transferable, sublicensable, globally effective, and irrevocable (as long as Your Content is stored on our servers), and include the right for us to provide Your Content to third parties with whom we have contractual relationships related to service provision and to transfer such rights to such third parties (solely for the purpose of providing such services), as well as the right to allow third parties to access or disclose Your Content when we determine it is necessary to comply with legal obligations.

3.2 Rules for Recreation and Use of Content

As part of the Service, users may recreate or regenerate other users' User Output (except for Private Content) (hereinafter referred to as "Recreated User Output"). As part of the license described in Section 3.1, you agree that other Service users have the right to use, copy, modify, comment on, and/or tag Your Content, and/or use, post, display, modify Your Content or copies containing Your Content (including creating Recreated User Output based on your original User Output) in the course of their use of the Service; however, if we provide you with the function to post Your Content privately for non-public display or recreation (hereinafter referred to as "Private Content"), the foregoing rights granted to other users shall not apply to such Private Content unless you choose to post or regenerate such Private Content to the public areas of the Service. To the maximum extent permitted by applicable law, the Company reserves the right to delete, block, edit, or modify any of Your Content at any time and for any reason (without notice) in its sole discretion, including but not limited to cases where the Company (through automated detection software or other means) determines that you have violated these Terms, regardless of whether you are a subscriber to the paid Service. By posting or submitting Your Content through the Service, you represent and warrant that you have all the rights, licenses, consents, authorizations, powers, and/or authorities necessary to grant the rights described in these Terms. You agree that Your Content will not contain materials protected by copyright or other intellectual property rights unless you have obtained the necessary licenses or are legally entitled to post such materials and grant us the foregoing licenses. We do not claim ownership of any of Your Content, and you should carefully consider whether any User Output available on the Service can be used for commercial purposes and any third-party licenses that may be required for such use. We expressly disclaim any liability arising from your use of any User Output for commercial purposes.

3.3 Copyright Infringement Notices – Digital Millennium Copyright Act (DMCA) Policy

If you believe that the reproduction of any text, graphics, photographs, audio, video, or other materials or works uploaded, downloaded, or displayed on the Service constitutes copyright infringement, you may submit a written notice to our Copyright Agent in accordance with Section 512(c) of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), which shall include the following information:

• (A) Identification of the copyrighted work claimed to have been infringed;
• (B) Identification of the allegedly infringing material that is requested to be removed, including a description of its location on the Service;
• (C) Information reasonably sufficient to permit our Copyright Agent to contact you, such as an address, telephone number, and email address;
• (D) A statement that you have a good faith belief that the use of the identified material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• (E) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (F) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or exclusive right claimed to be infringed.

You confirm and agree that we will not monitor or review all of Your Content uploaded or posted to the Service. However, we may use specific technologies or third-party service providers to screen Your Content and delete any illegal, defamatory, obscene, or content that violates the use restrictions in Section 5.2. If you submit a copyright infringement claim pursuant to this Section 3.3, we are only obligated to remove the infringing content specifically identified in your claim.

Service users who have uploaded or posted material identified as infringing as described above may submit a counter-notice in accordance with Sections 512(g)(2) and (3) of the DMCA. Upon receipt of a counter-notice, we may restore the relevant post or material in our sole discretion. To submit a counter-notice to us, you must provide a written communication (by fax, regular mail, or email) that includes all the information required by Sections 512(g)(2) and (3) of the DMCA. Please note that if you falsely represent that the content or related activity does not infringe the copyright of others, you will be liable for any damages resulting therefrom.

4.1 Privacy Policy

Our Privacy Policy describes how we handle the information you provide when you use the Service. For information about our privacy practices, please visit our Privacy Policy page: https://www.childrenbooks.online/privacy.

5.1 Right to Use the Service

If, as part of your use of the Service, we provide you with any software, content, or other materials owned or controlled by us, we hereby grant you a personal, non-transferable, non-sublicensable, revocable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and to download one copy of the App to your relevant device), and the exercise of the foregoing rights is solely for the purpose of enabling you to use the Service in accordance with the provisions of these Terms. Your access to and use of the Service may be interrupted from time to time for various reasons, including but not limited to device malfunctions, regular updates, maintenance, or repairs of the Service, or other actions taken by the Company in its sole discretion. For the avoidance of doubt, Your Content is not part of the "Service" as defined in these Terms.

5.2 Restrictions on Use of the Service

Unless prohibited by applicable law or regulation, or unless you have obtained our prior written consent, you shall not engage in any of the following acts when using the Service:

• (A) Download, modify, copy, distribute, transmit, display, perform, duplicate, republish, license, create derivative works from, or sell any of our proprietary technology that constitutes or is contained in the Service, except that: (i) you may create and store temporary files automatically cached by your web browser for display purposes; (ii) as otherwise expressly permitted by these Terms; (iii) it is expressly stated that the foregoing restrictions do not apply to Your Content;
• (B) Use User Input or User Output to develop any products, services, or technologies that compete with the Company or the Service;
• (C) Submit, transmit, display, perform, publish, or store any inaccurate, illegal, unlawful (including but not limited to uploading copyrighted images to the Service without the consent of the copyright owner), defamatory, unethical, obscene, vulgar, pornographic, indecent, excessively violent, pornographic, privacy-infringing or publicity-right-infringing (including but not limited to uploading images of others to the Service without their consent), harassing, threatening, abusive, inciting, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable content (collectively referred to as "Prohibited Content");
• (D) Use the Service for bullying, disrupting, or other prohibited purposes, or for political campaigns or lobbying purposes; or use the Service in a manner that defrauds, incites, organizes, promotes, or assists in violent, criminal, or harmful activities or prohibited acts;
• (E) Frame, copy, or develop interfaces to access the Service other than directly through the Website or App (such as through an API), unless we explicitly provide you with such functionality;
• (F) Decompile, reverse engineer, disassemble, or decode the Service (including any underlying ideas or algorithms), or attempt to engage in any of the foregoing acts;
• (G) Use, copy, or remove any copyrights, trademarks, service marks, trade names, slogans, logos, images, graphics, designs, commercial symbols, or other proprietary marks displayed on the Service; provided, however, that the foregoing provisions do not apply to Your Content;
• (H) Use cheating tools, automated software (bots), hacking tools, mods, or any other unauthorized third-party software to modify the Service;
• (I) Access or use the Service in a manner that may cause the Service to be paralyzed, overloaded, damaged, interrupted, or impaired, or interfere with any other party's access to or use of the Service, or use any devices, software, or programs that cause the foregoing results;
• (J) Attempt to gain unauthorized access to, interfere with, damage, or interrupt the Service, other users' registered accounts, or computer systems or networks connected to the Service;
• (K) Circumvent, remove, alter, deactivate, degrade, or obstruct any technical measures or content protection of the Service;
• (L) Use any bots, crawlers, scrapers, or other automated devices, programs, software, or queries to intercept, mine, scrape, extract, or otherwise access the Service to monitor, extract, copy, or collect information or data from the Service, or engage in any of the foregoing acts manually;
• (M) Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technically harmful materials into our systems;
• (N) Violate any applicable laws or regulations in the course of accessing or using the Service;
• (O) Access or use the Service in any manner not expressly permitted by these Terms;
• (P) Use or distribute User Output in a misleading manner, including but not limited to claiming that User Output is entirely created by humans or that User Output depicts actual photographs of real events. Furthermore, if you distribute your User Output to others, we recommend that you proactively disclose that such User Output is picture books, coloring pages, and other content created using artificial intelligence technology to avoid misleading others about its source.

5.3 Use of the App

You are responsible for providing the mobile devices, wireless service plans, software, internet connections, and/or other devices or services necessary to download, install, and use the App. We do not warrant that the App is accessible or usable on any specific device or compatible with any specific service plan. We do not warrant that the App is available in any specific geographic location or that products can be ordered and purchased from any specific geographic location. As part of the Service, you may receive push notifications, local client notifications, text messages, multimedia messages (MMS), alerts, emails, or other types of messages directly sent to you in relation to the App to update you on delivery status (hereinafter referred to as "Push Notifications"). You confirm that when you use the App, your wireless service provider may charge you for data, text message, and/or other wireless access fees (including fees related to Push Notifications). You may control Push Notification settings and may choose to receive or reject such Push Notifications through the Service or your mobile device's operating system (excluding infrequent important service announcements and administrative messages). Please consult your wireless service provider for details on applicable fees for accessing and using the App (including receiving the Company's Push Notifications). You are solely responsible for any fees, costs, or expenses incurred as a result of downloading, installing, and/or using the App (including receiving the Company's Push Notifications) on your mobile device.

5.4 Beta Products

We may, in our sole discretion, include certain beta or trial features or products in the Service from time to time (hereinafter referred to as "Beta Products"), as specified by us from time to time. Your use of any Beta Product is entirely voluntary. Beta Products are provided "as is" and may contain errors, defects, bugs, or inaccuracies that may cause loss, corruption, or error of data and information on related devices. You confirm and agree that you use any Beta Product at your own risk. You agree that once you use a Beta Product, Your Content or data may be affected, resulting in your inability to revert to the previous non-beta version of the same or similar functionality. Furthermore, even if revertible, you may not be able to restore data created in the Beta Product to the previous non-beta version. If we provide you with any Beta Product in closed beta or confidential form, we will notify you when you use such Beta Product. For any such confidential Beta Product, you shall not disclose, disclose, display, or otherwise make available such Beta Product without our prior written consent.

6.1 Ownership of the Service

The Service (including its "look and feel" (such as text, graphics, images, logos), proprietary content, information, and other materials) is protected by copyright, trademark, and other intellectual property laws. You agree that the Company and/or its authorized parties own all rights, ownership, and interests in the Service (including any and all intellectual property rights therein), and you agree not to engage in any acts inconsistent with such ownership interests. We and our authorized parties reserve all rights related to the Service and its content (excluding Your Content), including but not limited to the exclusive right to create derivative works.

6.2 Ownership of Trademarks

The Company's name, [childrenbooks.online], the Company's logos, and all related names, logos, product and service names, designs, graphics, commercial symbols, and slogans are trademarks of the Company or its affiliates or authorized parties. Other names, logos, product and service names, designs, graphics, commercial symbols, and slogans appearing on the Service are the property of their respective owners, who may or may not be affiliated with, doing business with, or sponsored by us.

6.3 Ownership of Feedback

We welcome your feedback, comments, and suggestions for improving the Service (hereinafter referred to as "Feedback"). You confirm and expressly agree that the provision of any Feedback will not grant you any rights, ownership, or interests in the Service or such Feedback. All Feedback shall become the proprietary property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose without further notice to you or compensation to you, and you shall not retain any proprietary or other rights or claims to such Feedback. You hereby assign to the Company any and all rights, ownership, and interests (including but not limited to any patents, copyrights, trade secrets, trademarks, know-how, technical expertise, moral rights, and any and all other intellectual property rights) that you may have in any and all Feedback. To the extent that the transfer of such rights is not permitted by applicable law, you hereby waive any moral rights and author's rights (including rights of attribution and integrity) that you may have in any and all Feedback.

7.1 Use of Third-Party Materials in the Service

Certain services may display, contain, or provide third-party content, data, information, applications, or materials (hereinafter referred to as "Third-Party Materials") or provide links to certain third-party websites. By using the Service, you confirm and agree that the Company does not review or evaluate the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, appropriateness, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse any third-party services, Third-Party Materials, or third-party websites, nor do we assume any liability or obligation to you or any other party in connection with such third-party services, Third-Party Materials, third-party websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely for your convenience.

8.1 Disclaimers

(A) Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "as is" and "as available" basis, and the provision of all services (including any paid services) is subject to availability restrictions. Without limiting the foregoing, to the maximum extent permitted by applicable law, the Company, its parent companies, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and authorized parties (collectively referred to as "Company Related Parties") make no express, implied, statutory, or collateral warranties and conditions, including but not limited to warranties and conditions of merchantability, quality, durability, accuracy, fitness for a particular or general purpose, quiet enjoyment, or non-infringement. The Company Related Parties make no warranties, guarantees, or representations and disclaim all liabilities and obligations for: (A) the completeness, accuracy, availability, timeliness, security, or reliability of the Service; (B) any damage to your computer system, data loss, or other damages resulting from your access to or use of the Service; (C) the compatibility or performance with any other applications or any specific systems or devices; (D) whether the Service will meet your requirements or be provided on an uninterrupted, secure, or error-free basis; (E) the deletion, failure to store, or transmission of Your Content and other communications by the Service. Any oral or written advice or information you obtain from the Company Related Parties or through the Service will not constitute any warranty, condition, or representation not expressly provided for in these Terms.

(B) The laws of certain jurisdictions (including New Jersey) do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages (such as those described in Sections 8.1 and 8.2 herein). If such laws apply to you, some or all of the disclaimers, exclusions, or limitations described in Sections 8.1 and 8.2 herein may not apply to you, and you may have additional rights.

(C) The Company Related Parties shall not be liable or obligated to you, other users, or third parties for any content created, uploaded, posted, sent, received, or stored on our Service.

(D) You understand and agree that you may be exposed to objectionable, illegal, misleading, or otherwise inappropriate content, and the Company Related Parties shall not be liable therefor.

8.2 Limitations of Liability

To the extent not prohibited by applicable law, you agree that under no circumstances shall the Company Related Parties be liable for: (A) any type of damages, including indirect, general, special, compensatory, punitive, incidental, consequential, aggravated, or exemplary damages (including but not limited to costs of obtaining substitute goods or services, loss of use, loss of data, or loss of profits, business interruption, or any other damages or losses related to your use of or inability to use the Service), however caused and regardless of the theory of liability (whether based on contract, strict liability, or tort (including negligence or otherwise)), even if the Company Related Parties have been advised of the possibility of such damages; (B) any other claims, demands, or damages related to the provision, use, or performance of these Terms or the Service. The total liability of the Company Related Parties to you for any finally adjudicated damages shall not exceed the greater of: one hundred U.S. dollars ($100.00), or the amount you paid to the Company Related Parties for the Service (or products purchased through the Service) that gave rise to the claim in the past six (6) months (if any). The foregoing limitations shall apply even if the foregoing remedies fail of their essential purpose.

8.3 Indemnification

By entering into these Terms and accessing or using the Service, you agree to defend, indemnify, and hold harmless the Company Related Parties from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising from: (A) your violation or non-performance of any provision of these Terms or any applicable law or regulation; (B) your infringement of any third-party rights; (C) your abuse of the Service; (D) Your Content; or (E) your negligent or intentional misconduct. If you are obligated to indemnify any Company Related Party pursuant to these Terms, you agree that the Company (or such other Company Related Party as it may designate in its discretion) shall have the right to control any litigation or proceeding and decide whether to settle (and the terms of any settlement), and you agree to fully cooperate with the Company in defending or settling such claims.

9.1 Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to Sue in Court and Have Your Claims Heard by a Jury. This Section Contains Procedures for Mandatory Binding Arbitration and a Class Action Waiver.

9.2 Informal Dispute Resolution First

You and the Company agree that if any dispute arises, each party shall first contact the other party and make good faith and continuous efforts to resolve the dispute before resorting to more formal dispute resolution methods (including but not limited to any court litigation), and shall allow the receiving party thirty (30) days to respond. You and the Company both agree that this dispute resolution procedure is a prerequisite to initiating any arbitration against the other party.

9.3 Arbitration Agreement and Class Action Waiver

Following the informal dispute resolution procedure, subject to applicable law, any remaining disputes, controversies, or claims (collectively referred to as "Claims") related to the Company's services and/or products (including the Service), as well as any matters related to the use, access, or inability to access the Service, shall be resolved through arbitration, including threshold issues of arbitrability. You and the Company agree that any Claims shall be resolved through final and binding arbitration (conducted in English) administered by Judicial Arbitration and Mediation Services (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures (hereinafter referred to as "JAMS Rules") in effect at the time of the arbitration (such rules are deemed incorporated herein by reference and are effective as of the date of these Terms). If you are a resident of the United States, because your contract with the Company, these Terms, and this arbitration agreement involve interstate commerce of the United States, the Federal Arbitration Act (FAA) governs the arbitrability of all disputes. However, the arbitrator shall apply substantive law consistent with the FAA as well as applicable statutes of limitations or prerequisites to litigation. Any arbitration shall be conducted by a single arbitrator in accordance with the JAMS Rules. The arbitration award may be entered in any court of competent jurisdiction. Unless prohibited by applicable law, any arbitration under these Terms shall be conducted on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, both you and the Company waive the right to a trial by jury or to participate in class actions or class arbitrations.

9.4 Exceptions

Notwithstanding the foregoing, you and the Company agree that the following types of disputes shall be resolved in a court of competent jurisdiction:

• (A) Disputes or claims that are within the jurisdiction and monetary limits of a small claims court, provided that such dispute or claim is brought and maintained as an individual dispute, rather than as a class, representative, or consolidated action or proceeding;
• (B) Disputes or claims for which the sole form of relief sought is injunctive relief (including public injunctive relief); or
• (C) Intellectual property disputes.

9.5 Arbitration Fees

All filing, administrative, and arbitrator fees and expenses shall be paid in accordance with the JAMS Rules; provided, however, that if you demonstrate that any such fees and expenses you would be required to pay under such Rules are significantly more expensive than court proceedings, the Company shall pay the amount of such fees and expenses as determined by the arbitrator to be necessary to avoid arbitration being significantly more expensive than court proceedings (subject to possible reimbursement as provided below).

Fees and expenses may be awarded in accordance with applicable law. If the arbitrator determines that your claim or the relief requested is frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure), then all fees shall be paid in accordance with the JAMS Rules. In such case, you agree to reimburse the Company for all amounts previously paid by the Company that you were obligated to pay under the applicable Rules. If you prevail in arbitration and the award amount is less than the last written settlement offer made by the Company prior to the appointment of the arbitrator, the Company shall pay you the amount of its settlement offer. The arbitrator may, at any time during the proceedings, upon the request of either party made within fourteen (14) days after the arbitrator renders a decision on the merits, render an award and resolve disputes regarding the payment and reimbursement of fees or expenses.

9.6 Opt-Out Right

You have the right to opt out of the arbitration clause in these Terms by sending a written opt-out notice to support@childrenbooks.online or the mailing address listed in the "How to Contact Us" section of these Terms within thirty (30) days after you first register to use the Service or agree to these Terms. Otherwise, you shall be bound by these Terms to resolve disputes through arbitration on an individual, non-class basis. If you only opt out of the arbitration clause (and not the class action waiver clause), the class action waiver clause shall still apply. You may not opt out of the class action waiver clause alone without opting out of the arbitration clause. If you opt out of this arbitration clause, the Company shall also not be bound by this clause.

9.7 Waiver of Right to Bring Class Actions and Representative Claims

To the maximum extent permitted by applicable law, you and the Company both agree that any proceeding to resolve a dispute, claim, or controversy shall be brought and conducted solely on an individual basis by each party, rather than as part of any class (or so-called class), consolidated, multi-plaintiff, or representative action or proceeding (hereinafter referred to as "Class Action"). You and the Company agree to waive the right to participate as a plaintiff or class member in any Class Action. You and the Company expressly waive any right to bring a Class Action in any court. If a dispute is to be resolved through arbitration, the arbitrator shall have no authority to consolidate or aggregate claims, conduct a Class Action, or render an award to any person or entity who is not a party to the arbitration. Furthermore, you and the Company agree that the arbitrator shall not consolidate the claims of multiple persons or preside over any form of Class Action. For the avoidance of doubt, you may seek public injunctive relief to the extent permitted by law and consistent with the foregoing exception provisions.

If this Class Action Waiver clause is limited, invalidated, or deemed unenforceable, then unless the parties agree otherwise, the parties' arbitration agreement shall be invalid with respect to any proceeding that permits a Class Action. If a court determines that the limitations in this paragraph are invalid or unenforceable, any proposed Class Action, private attorney general action, or consolidated or representative action shall be brought in a court of competent jurisdiction, rather than through arbitration.

10.1 Modifications to These Terms

We may modify these Terms from time to time, and when we do, we will update the "Last Revised Date" at the top of these Terms. If we make material changes, we will use reasonable efforts to notify you (such as via email and/or by posting a prominent notice on the homepage of the Website or App). However, it is your responsibility to review these Terms from time to time to stay informed of any such changes. The updated Terms will take effect upon posting, or on a later date specified in the updated Terms. Your continued access to or use of the Service after the changes take effect constitutes your acceptance of the modified Terms. No revisions shall apply to disputes that were arbitrated prior to the date of the modification of the Terms.

10.2 Termination of License and Account

All licenses granted by the Company will automatically terminate if you violate any provision of these Terms. In addition, the Company may, in its sole discretion, suspend, disable, or delete your Account and/or the Service (or any part thereof) at any time, with or without notice, for any reason (or no reason). If the Company deletes your Account due to your suspected violation of these Terms, you may not re-register for the Service under another name. Regardless of the reason for Account deletion, the Company may (but is not obligated to) delete any of Your Content. The Company shall not be liable for failing to delete or having deleted Your Content. All provisions of these Terms that by their nature should survive termination shall remain fully effective after termination of these Terms by the Company or you. Termination shall not limit any other rights or remedies the Company may have at law or in equity.

10.3 Injunctive Relief

You agree that a breach of these Terms will cause irreparable harm to the Company for which monetary damages will be inadequate, and therefore the Company shall be entitled to equitable relief (in addition to any other relief provided for in these Terms or by law) without the need to post a bond, other security, or prove damages.

10.4 California Residents

If you are a resident of California, pursuant to Section 1789.3 of the California Civil Code, you may file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by: sending a written communication to 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or calling (800) 952-5210.

10.5 U.S. Government Restricted Rights

The Service and related documentation are "Commercial Items" as defined in Federal Acquisition Regulation (FAR) Section 2.101, which includes "Commercial Computer Software" and "Commercial Computer Software Documentation" as used in FAR Sections 12.212 or 227.7202 (if applicable). Pursuant to FAR Sections 12.212 or 227.7202-1 through 227.7202-4 (if applicable), Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users as "Commercial Items" and only with the rights granted to all other end users pursuant to these Terms.

10.6 Export Laws

You agree that you will not directly or indirectly export or re-export the Service and/or any other information or materials provided by the Company pursuant to these Terms to any country that requires an export license or other government approval from the United States or any other relevant jurisdiction without first obtaining the required export license or other government approval. In particular (but not limited to), the Service may not be exported or re-exported to: (A) any country embargoed by the United States or designated by the U.S. Government as a "state sponsor of terrorism"; or (B) any person on the U.S. Government's lists of prohibited or restricted transactions (including persons on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce's Denied Persons List or Entity List). By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply with all applicable export laws and regulations at your own expense.

10.7 General Provisions

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Service, and supersede all other written and oral agreements and understandings between the parties with respect to such subject matter. If any provision of these Terms is deemed illegal, invalid, or unenforceable for any reason, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. These Terms and the licenses granted herein may be assigned by the Company, but you may not assign these Terms or the licenses granted herein without the prior written consent of the Company. The failure of either party to assert any right with respect to any breach or non-performance shall not constitute a waiver of any prior or subsequent breach or non-performance. The section headings in these Terms are for reference purposes only and shall have no legal effect. These Terms shall be governed by the laws of the State of Delaware (without regard to conflict of laws principles), and the venue for any disputes related to these Terms shall be the arbitration location specified in Section 9; if arbitration is not applicable, the venue shall be the state and federal courts of the State of Delaware.

10.8 How to Contact Us

You may contact us via email at support@childrenbooks.online.