TERMS OF USE

By visiting www.thewizkidz.com you signify your agreement to the Terms of Use of Espavo Productions LLC (“EP”). If you do not wish to be bound by the terms of use, please do not use, visit or browse EP’s website.

Applicability

This website is controlled and owned by EP and is intended to be useful and entertaining to its users as well as to promote projects, motion pictures, products and programs. This website is controlled and run by EP from its offices in the State of California. We make no representation that the materials and content of this site are appropriate or available for use outside the United States. Visitors from outside the United States are responsible for compliance with all applicable local laws.

Intellectual Property

All content and materials featured on this site are protected by copyrights, trademarks, service marks, trade secrets and/or other proprietary laws. All word marks, names, texts, logos, trademarks, service marks, copyrights, images, button icons, digital downloads, clips, photographs, illustrations, biographies, synopses (collectively "IP Materials") are either owned by EP or licensed to EP. The compilation of all the content on EP's website is the exclusive property of EP or its content providers and is protected by U.S. and international copyright laws. All software used on this site is the exclusive property of EP or its software providers and is protected by U.S. and international copyright laws. “EP,” “What on Earth?” and other marks appearing on EP's website are copyrights and/or trademarks owned by or licensed to EP. The IP Materials may not be used on any other products or in any manner without express written consent.

Notwithstanding the foregoing, you may view and use one copy of the material on EP's website on any single computer for your personal and non-commercial purposes only provided that you keep all copyright and other proprietary notices intact. You may not disseminate, reproduce or modify the IP Materials without the express consent of the intellectual property rights owners. If you want to reproduce the materials for commercial purposes, contact EP to negotiate a license. You may not attempt to circumvent the security, modify or change any of the content on EP's website.

Third-Party Website Links

This website may provide links to related and independent third-party websites for your convenience, including websites run by EP's affiliates and sponsors. EP is not in control nor responsible for the content and material featured on any third-party website. EP does not review the content of the third-party websites and the inclusion of a link does not imply endorsement of the website. You access other sites at your own risk and you should review their Terms of Use and Privacy Policies.

User Submissions, Conduct & Grant of Limited License

You will use EP's website and all of its contents for lawful purposes and at your own risk. You assume full responsibility and liability for all claims arising from your use. You agree that your access to any EP-sponsored areas (message boards, bulletin boards, chat rooms, surveys, etc.) and the like where visitors may post reviews, comments, upload, post or submit suggestions, ideas, notes, advice, concepts, techniques or other information will be lawful. You represent and warrant that you own or otherwise control all of the rights to the content you post, that the content is original, accurate and will not infringe, injure or violate any rights of any third party (person or entity) and that it will not be obscene, vulgar, offensive, pornographic, threatening, defamatory, invasive of privacy and further will be free of any software containing viruses, worms, Trojan horse(s), or other computer codes that may disrupt or corrupt EP's software or services, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam." You may not collect or store personal information regarding other users without their express permission. You will not impersonate any other person while using EP's website nor provide us with a false email address. EP reserves the right to monitor and remove content from its site without notice.

All submissions to EP will become the property of EP and may be used by EP and its affiliates without notice or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, modifying or improving EP's website and materials. By your submission you grant EP, its affiliates, community partners and assignees a royalty-free, perpetual, irrevocable, non-exclusive license to use such material for any type and kind of use whatsoever in any media now known or hereafter devised. Further, you authorize EP to use your name in connection with the material you provide.

Transactions

During your visit to EP's website you may elect to engage in a transaction involving the purchase of products, print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are handled by CreateSpace. While in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of transactions processed by third parties.

Information on this website may change without notice and may contain inaccuracies or typographical errors including errors in prices. On occasion, a product or service may be offered on a first-come, first-served basis, may not be available at the time or at the price as it appears in an advertisement, and may change due to information received from our advertisers or suppliers. EP is not responsible for such errors or discrepancies.


Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF EP'S WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES PURCHASED VIA EP IS SOLEY AT YOUR OWN RISK. ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED AND PROVIDED BY EP VIA EP'S WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." EP DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EP, ITS MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COMMUNITY PARTNERS, FULFILLMENT COMPANY, VENDORS, LICENSEES NOR ANY PERSON/ENTITY INVOLVED WITH THE CREATION, PRODUCTION AND DISTRIBUTION OF EP'S WEBSITE AND PRODUCTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN EP'S WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND EP ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF EP'S WEBSITE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

EP DOES NOT ENDORSE ANY MATERIAL, INFORMATION, CONTENT OR OPINIONS INCLUDED AND/OR EXPRESSED BY THE USERS OF EP'S WEBSITE ON ANY BULLETIN BOARDS, CHAT AREAS OR OTHER FORUMS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. EP RESERVES THE RIGHT TO, AT ITS SOLE DISCRETION, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME ALTHOUGH EP IS UNDER NO OBLIGATION TO MONITOR OR REVIEW THE USER'S CONTENT.

THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.

Corrections

While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause.

Returns/Refunds

All returns and refunds are processed by CreateSpace. Please visit www.createspace.com for information regarding their terms and policies.

Prices

The prices on the site will not necessarily match prices in EP's catalogs or retail outlets. The prices on the site are valid only on the site and cannot be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone.

Risk of Loss

All items purchased from EP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Limitation of Liability

EP, ITS MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES/COMMUNITY PARTNERS, VENDORS, ETC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR OTHER LINKED WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF EP HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.

THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.

Indemnification

You will indemnify EP, its managers, officers, directors, shareholders, members, employees and assigns and its affiliated and subsidiary companies, affiliates, community partners, agents, vendors, licensees and each of its successors, licensees, heirs, and assignees of each from and against any and all claims, losses, damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto EP's servers and/or from any and all use of EP's website.

If we believe that at any time you have violated any of these Terms of Use we may terminate your access to EP's website.

Governing Laws

These terms of use shall be governed and construed by the laws of the State of California. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Any disputes should first be brought to the attention of EP If resolution is not reached, these may be submitted for arbitration in the State of California.

Changes

Please check the Terms of Use periodically for changes. The Terms are subject to change at any time without notice and your continued use of this site following the posting of any changes constitutes acceptance of the changes. The terms of the current version will supersede any prior versions.

EP's Terms of Use were updated on September 16, 2010.