Term Of Use
1. Your Acceptance Is Automatic
A. By using and/or visiting this website (collectively, including all content and functionality available through the KidsTube.com domain name and associated sites, the "KidsTube Website", or hereafter referred to simply as "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) KidsTube privacy notice, found at http://www.kidstube.com/privacy and incorporated here by reference, and (3) KidsTube.com Community Guidelines, found at http://www.kidstube.com/community_guidelines and also incorporated here by reference. If you do not wholly agree to any of these terms, the KidsTube privacy notice, or the KidsTube Community Guidelines, please do not use the KidsTube Website.
B. Although we may make a best effort via E-Mail to notify you when major changes are made to these Terms of Service, we are not required, you must accept that you will periodically review the most up-to-date version of our Terms of Service, universally accessible here anytime you choose http://www.kidstube.com/terms). The Website may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement now, or in the future shall be deemed to confer any third-party rights or benefits.
2. KidsTube.com Website
A. These Terms of Service apply to all users of the Website, including users who are also contributors of video content, pictures, comments, any information, and/or any other materials or services on the Website. The Website includes all aspects of KidsTube, including but not limited to KidsTube channels, the KidsTube "Embeddable Player," and the KidsTube "Uploader" function. Certain aspects of the site programming were purchased though a third-party and are the sole property that third-party entity. A secondary license agreement with this Website and the developer of the third-party software exists and is public record.
B. The Website may contain links to third party websites that are not owned or controlled by KidsTube. Although we may make a best effort, the Website ultimately has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, nor should we even be "expected" to do so. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve KidsTube from any and all liability arising from your use of any third-party website.
3. KidsTube Accounts
A. In order to access some features of the Website, you will have to create a KidsTube account. You may not create an account without parents' or legal guardians' permission if you are under the age of 13. Federal Law requires that if you are under the age of 13, you must comply with all regulations set forth in the 1998 Children's Online Privacy Protection Act (COPPA). Including, but not limited to any future or existing law governing use of the Internet by minors. Please note that it is our policy to have the parent or guardian (adult) E-Mail address used during registration and the child should be accompanied while visiting this site at all times. When creating the account, you or your parent or guardian must provide accurate information, certain pieces of information are optional for inclusion and are commonly identified as such. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify KidsTube immediately of any breach of security or unauthorized use of your account.
B. You may never use another's account. The Website is not responsible for misuse of your account and or compromise of your account for any reason, whether it be by your own negligence or on the part of the Website. Although KidsTube will not be liable for your losses caused by any unauthorized use of your account, you agree that you may be liable for the losses of KidsTube or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
KidsTube hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium, graphical or textual content or any part of the Website, including but not limited to User Submissions (defined below), without the Website's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to any related technologies or third-party property. Such activity will result in criminal prosecution and civil damages will be sought.
C. You agree not to access User Submissions (defined below) or the Website Content through any technology or means other than the video playback pages of the Website itself, the KidsTube Embeddable Player, or other explicitly authorized means the Website may designate.
D. You agree not to use the Website, graphical or textual content, including the KidsTube Embeddable Player for any commercial or private use, without the prior written authorization of KidsTube. Prohibited commercial uses include but are not limited to any of the following actions taken without the Website's express written approval:
E. Prohibited commercial uses do not include:
F. If you use the KidsTube Embeddable Player on your website, you must include a prominent link back to the KidsTube website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. If you use the KidsTube Uploader function, you agree that it may automatically download and install updates from time to time from KidsTube. These updates are designed to improve, enhance and further develop the Uploader function and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit KidsTube to deliver these to you) as part of your successful use of the Uploader.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the KidsTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, KidsTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KidsTube reserves the right to revoke these exceptions either generally or in specific cases at our discretion. You agree not to collect or harvest any personally identifiable information, including account names or pictures, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, KidsTube Community Guidelines, and all applicable local, national, and international laws and regulations not explicitly identified here.
J. KidsTube reserves the right to discontinue any aspect of the Website at any time for any reason.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the KidsTube Website.
A. The content on the KidsTube Website, except all User Submissions (as defined below), including without limitation, the textual, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service mark, graphics and logos contained therein ("Marks"), are owned by or licensed to KidsTube, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. KidsTube reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the KidsTube Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the KidsTube Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the KidsTube Service or otherwise as prohibited under this Agreement.
D. You may access KidsTube Content, User Submissions and other content only as permitted under this Agreement. The Website reserves all rights not expressly granted in and to the KidsTube Content and the KidsTube Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the KidsTube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KidsTube Website or the Content therein.
G. You understand that when using the KidsTube Website, you will be exposed to User Submissions from a variety of sources, and that KidsTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. Although we make a best effort, you further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KidsTube with respect thereto, and agree to indemnify and hold KidsTube, its Owners/Operators, partners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a KidsTube account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are allowed to be published, the Website does and can not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize KidsTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to KidsTube, you hereby grant KidsTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KidsTube Website and KidsTube (and its successors', partners' and affiliates') business, including without limitation for promoting and redistributing part or all of the KidsTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KidsTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the KidsTube Service. You understand and agree, however, that KidsTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KidsTube all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the KidsTube Community Guidelines, found at http://www.kidstube.com/c/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. KidsTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KidsTube expressly disclaims any and all liability in connection with User Submissions. KidsTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KidsTube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. KidsTube reserves the right to remove Content and User Submissions without prior notice. You agree that if you personally or indirectly viewing such content, you are responsible for reporting it to KidsTube immediately to allow us an opportunity to remove the submission. Specific information regarding the violation must be provided to the Website clearly in order to act on such a violation within a reasonable time.
7. Account Termination Policy
A. KidsTube will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. KidsTube reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KidsTube may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing KidsTube with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
To address the Website of claimed infringement you may contact our Copyright Agent by addressing: KidsTube, Attn: DMCA Notice, 605 S Oakland St, Webb City, MO 65870, email: email@example.com, fax: 417-673-XXXX. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KidsTube customer service and submitted in ticket form through http://support.kidstube.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, though we reserve the right to reject the content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by our Copyright Agent, KidsTube may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KidsTube and associated legal counsel's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE KIDSTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDSTUBE, ITS OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KIDSTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KIDSTUBE WEBSITE. KIDSTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KIDSTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KIDSTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL KIDSTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KIDSTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT KIDSTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by KidsTube from its facilities and associated third-party services in the United States of America. KidsTube makes no representations that the KidsTube Website is appropriate or available for use in other locations. Those who access or use the KidsTube Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless KidsTube, its parent corporation, officers, partners, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the KidsTube Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the KidsTube Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under the age of 18 you are bound to federal regulations and requirements including but not limited to all regulations set forth in the 1998 Children's Online Privacy Protection Act (COPPA). Including, but not limited to any future or exiting law governing use of the Internet by minors.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KidsTube without restriction.
You agree that: (i) the KidsTube Website shall be deemed solely based in Missouri; and (ii) the KidsTube Website shall be deemed a passive website that does not give rise to personal jurisdiction over KidsTube, either specific or general, in jurisdictions other than Missouri. These Terms of Service shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and KidsTube that arises in whole or in part from the KidsTube Website shall be decided exclusively by a court of competent jurisdiction located in Jasper County, Missouri. These Terms of Service, together with the Privacy Notice at http://www.kidstube.com/privacy and any other legal notices published by KidsTube on the Website, shall constitute the entire agreement between you and KidsTube concerning the KidsTube Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Website's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. KidsTube reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the KidsTube Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND KIDSTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KIDSTUBE WEBSITE MUST COMMENCE WITHIN THE STATUE OF LIMITATIONS DEFINED HERE AS ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.