Please read the following Terms & Conditions for Earthbound Books carefully. These Terms apply to all visitors, users and others who access or use the Service.
If you are under the age of 18, you represent that your parent or guardian has reviewed and agreed to the Terms & Conditions. If you don't get your parent or guardian to read and agree to the Terms & Conditions, you don't have permission to use the Service.
Earthbound Books ("we," "us," "our") provides a platform via its Website ("site") to a community of Users ("the user," "you," "your") to engage in a variety of activities ("services"), including to upload and display artwork ("content"), share comments, or participate in promotions. Additional services may be offered from time to time. The following are the Terms & Conditions ("Terms") for using the Site and the Services.
Any Promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
If you make a purchase through the Service, you may be asked to supply certain information including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
All orders are subject to acceptance and product availability. All prices listed on the Shop are correct at the time of entering the information. We reserve the right to change prices of any product at any time.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, an error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Earthbound Books may revise the Terms at any time and for any reason. Should changes occur, the “Last updated” date appearing at the beginning of this agreement will be updated. You waive any right to receive specific notice of each change. Please check this page periodically to review these changes and stay informed of updates. Using any Service or viewing any Content constitutes your acceptance of the Terms as modified.
If at any time there are typographical errors, inaccuracies, or omissions on the Site, we reserve the right to correct and update the information on the Site at any time, without prior notice. Earthbound Books may change, modify, or remove contents of the Site at any time or for any reason at our sole discretion without notice. We will not be liable for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Other than the content you own, under these Terms, Earthbound Books and/or its licensors own all the intellectual property rights and materials contained in this Website. We reserve all rights that are not expressly granted to you under this Agreement or by law. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
You are granted limited license only for purposes of viewing the material contained on this Website.
If you are a copyright owner and you believe that content on Earthbound Books violates your rights, please contact us by emailing:
By using the Site, you represent and warrant that:
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You may not post any material that:
Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.
Earthbound Books may invite you to contribute to, or participate in blogs, online forums, and other functionality with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. Content and materials may include but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Content"). User Content may be viewable by other users of the Site and through third-party websites. As such, any User Content you transmit may be treated as non-confidential and non-proprietary.
You agree that if you submit any such material that is not yours, you must state the source and have the written consent, release, and/or permission of each identifiable person to enable inclusion of your Contributions.
In order to allow Earthbound Books to provide the Service, you hereby grant Earthbound Books a limited, non-exclusive, worldwide, royalty-free, and transferable (only to a successor) right and license to: use, host, copy, store, distribute, publish (in whole or in part), modify, and create derivative works as necessary to make the Service better.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
The Contribution license will terminate when you delete any User Content with intellectual property rights (like images or videos), or personally identifiable information. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. When you post User Content on the Site, this is publicly available, and it means that you are allowing everyone, including people unaffiliated with Earthbound Books, to access and use that information.
We do not knowingly collect personally identifiable information from children under 18. It is strongly recommended that you protect your child’s privacy by instructing them to never provide personal information on this site without first providing your consent.
The Children’s Online Privacy Protection Act (COPPA) protects the online privacy of children under the age of 13 and requires Earthbound Books to obtain parental consent or notice prior to the collection, use and disclosure of that child's personal information.
Earthbound Books currently obtains verifiable parental consent through the following method as outlined by COPPA:
When you grant permission, you are giving your consent to the public posting of your child’s artwork and limited personal information to be displayed on the Earthbound Books website. You have the option in the form whether to grant permission for display on social media.
Also known as personally-identifiable information (PII) and personal data. Broadly, the term refers to information that can be used to identify, locate, or contact an individual, alone or when combined with other personal or identifying information.
Earthbound Books collects the following information for each child's art entry that will be posted on the Earthbound Books website:
Earthbound Books collects the following information for each consent form that will NOT be posted on the Earthbound Books website:
Earthbound Books may contain links to third party web sites or services. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services.
Earthbound Books shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Earthbound Books provides content on an “AS IS” basis for your information and personal use only. Earthbound Books assumes no liability for any direct, indirect, consequential, or other damages whatsoever arising out of, or in connection with, the website and any of its contents.
In no event shall Earthbound Books, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Earthbound Books, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Earthbound Books from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
This website is managed and controlled by Earthbound Books. These Terms and your use of the Site are governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law principles.
These Terms constitute the entire agreement between Earthbound Books and you in relation to your use of this Website, and supersede all prior agreements and understandings.