Terms of Use

LEGAL TERMS

Welcome to the BIG KID website. Please review the following basic terms (this "Agreement") that govern your use of this website. Please read the below terms carefully, because your use of the Site constitutes your agreement to these Terms of Use. THESE TERMS OF USE INCLUDE AN ARBITRATION AGREEMENT, WHICH IS SET FORTH BELOW. If you do not agree to these Terms of Use, you should not access or use the Site. Big Kid, in its sole discretion and without notice to you, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes.

This Site is operated and controlled by Big Kid Brand. Big Kid grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, to order products from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products, or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Your failure to follow these rules, whether listed herein or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Lane Bryant’s other remedies.

By accessing the Site, you agree not to use the Site in any way that is prohibited by these Terms of Use, including by using the Site in a way that is illegal or could give rise to civil liability or that could violate the security of the Site or otherwise cause injury to BigKId or any other party. We reserves the right to take such action as it deems appropriate in such cases. For example, and without limitation, (1) you may not engage in unauthorized spidering, "scraping," or harvesting of content, or use any other unauthorized automated means to compile content or information; (2) take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; (3) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site, or engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users and or affiliates.

COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all materials including without limitation, logos, text, brand names, images, designs, photographs, graphics and written and other materials that appear as part of this Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by Bigkid, its parent, affiliates and subsidiaries, its content providers, and others.

This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Lane Bryant aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Bigkid (and any portion of this Site) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Bigkid.

Bigkid owns a copyright in the selection, coordination, arrangement, and enhancement of all content on this Site, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of bigkid and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You shall not submit, upload, post or otherwise make available on or to this Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to this Site (including without limitation any essays or other submissions in connection with contests or promotions), you automatically grant, or warrant that the owner of such material has expressly granted Lane Bryant the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use.

You further agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Communication you make, and we are not responsible for any falsehoods or inaccuracies in the information you provide us through this site. You agree that Big kid may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that Big kid may (but shall not be obligated to) send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Bigkid’s products or services, or for such other purpose(s).