Terms & Conditions

This website www.kidscotv.tv, (hereafter the “Website”) is owned and operated by KidsCo Limited with registered office at Prospect House, 80-110 New Oxford Street, London, WC1A 1HB, registered company number 05925037 ("KIDSCO").

This is the legal part of our website. It is here so that you all know the rules for using kidscotv.tv. Please read this carefully with your parents or guardian and ask them to explain the rules to you. By using our Website you (and your parent or guardian) agrees to be bound by our rules:

1 All the items on our website are just for you to look at and use according to our rules. You cannot sell them, give them to anyone or pretend you created them or do anything other than look and play with them as we permit you to do here, unless you come to us first and ask for our written permission.

2 If you do post anything on our website, a message or picture for example, we may want to use it. Please always check with your parents or guardian if it is ok to join in and to send us stuff for us to use and keep. When you do join in on our website or send us anything (with your parents’ or guardian’s permission) then that means you and your parents or guardian agree to abide by our rules and that it ok for us to use what you’ve sent us in any way we want and anywhere and keep your materials - which could be forever!

3 Remember that anything you see posted on a message board or chat room on our website comes from other kids and if you do see anything you don’t like, it is not from someone at KIDSCO. KIDSCO does not tell kids what they must say, as you are all free to express your own views, but we all want Kidsco to be a fun place to be so if there is anything nasty there, Kidsco will do its best to sort it out.

Our legal beagles at Kidsco have a long version of the Kidsco website rules (we call them “TERMS OF USE”), which you and your parents/guardian need to read carefully, and it is as follows:

1 Website Owner

2 Website Access and Use

Use of this Website by a user (“you” or “your” or “user”) constitutes your acknowledgement and acceptance of these terms and conditions (hereafter called “Terms of Use”), which take effect on the date on which you first use the Website. You are granted a personal, revocable, non-exclusive, non-transferable right to access and use the Site, for personal use only, in accordance with these Terms of Use and you cannot use the Website for commercial purposes at all. By accessing, using, downloading materials from and/or uploading materials to this Website, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these Terms of Use. If these Terms of Use are not accepted in full, you do not have permission to access the contents of this Website and therefore please do not access or use and please cease to use this Website immediately. KIDSCO reserves the right to change these Terms of Use at any time by posting changes online, become effective on the date on which they are posted on the Website, and it is your responsibility to refer to and comply with these Terms or Use on accessing the Website. Your continued use of this Website after changes are posted constitutes your acceptance of these Terms of Use as modified. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this Website relating to specific material then the latter shall prevail.

3 Registration, Passwords and Security

If there are areas set up which require a unique username and/or password then you are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your username or password is used by someone else. You agree to notify KIDSCO immediately by email to webmaster@kidscotv.tv of any unauthorised use of your username or password of which you become aware.

4 Terms of Use, Privacy Policy and Postings

4.1 Any information such as ideas or opinions or data or other materials including without limitation text, images, designs, audio and/or video clips you transmit, post on or submit via this Website shall belong absolutely to KIDSCO and, except for personal data, will not be confidential. The information or other materials may be used by KIDSCO for any purpose including, but not limited to, reproduction, editing, disclosure to third parties, licensing, copying, adapting, distribution, broadcasting, transmission, publishing or deleting (in each case whether or not in electronic form) or otherwise at KIDSCO's absolute discretion (according to and subject to The Data Protection Act - see Privacy Policy).

4.2 In consideration of using the Website, you hereby irrevocably and unconditionally assign to KIDSCO (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to such information and other materials (including, without limitation, intellectual property rights and copyright) throughout the world including all renewals and reversions thereof. You also hereby agree to waive all rights known as "droit moral" or moral rights (as described in Part I, Chapter IV of the Copyright Designs and Patents Act 1988) and any similar rights of authors anywhere in the world (whether now existing or hereafter created). You agree, in such, circumstances, that you are not entitled to any compensation from KIDSCO or any of its associated companies.

4.3 You hereby undertake, represent and warrant to KIDSCO that anything you post or submit on the Website is original to you and does not infringe any intellectual property rights or other third party rights. In no event shall KIDSCO assume any responsibility or liability for any postings or submissions nor shall KIDSCO represent or endorese the accuracy or reliability of any advice, opinion, statement, suggestion or other information posted nor shall KIDSCO be liable for any loss or damages resulting from their use and/or appearance of the Website.

4.4 You are prohibited from posting, transmitting to or submitting via this Website any information or other material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
(v) which harm children in any way including without limitation any offences in relation to grooming of children online under UK law or under any similar laws in any jurisdiction.

4.5 You must not misuse the Website (including, without limitation, by hacking and/or accessing or attempting to access the accounts of other users). KIDSCO shall be entitled fully to co-operate with any law enforcement authorities or court order requesting or directing the KIDSCO to disclose the identity or locate anyone posting any material in breach of these Terms of Use.

4.6 The use of this Website is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Conduct that is restricted and inhibited on our Website includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Website.

4.7 We reserve the right to monitor, suspend, restrict or terminate your access to this Website or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.

5 Copyright and Other Intellectual Property

5.1 The names, images and logos identifying KIDSCO and any of KIDSCO’s associated companies or third parties and their programmes, products and services are proprietary marks of KIDSCO, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of KIDSCO, its associated companies or any other third party.

5.2 All patents, copyright, trademarks, database rights, trade names, and other intellectual property rights in this Website (including without limitation the design, games, data, software, graphic material, text, images, photographs, illustrations, audio-clips, screen savers, artworks, graphic material, ringtones or other element, know-how, arrangement, confidential information as well as the look and feel of the Website) and all material or content supplied as part of or via the Website shall remain at all times the property of KIDSCO or of its associated companies or KIDSCO's licensors. You agree that you do access our Website only for your own personal, non-commercial use. You must not, and must not permit or assist in any way any third party to copy, reproduce, republish, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without KIDSCO' s prior written permission.

6 Links to and from other websites

6.1 KIDSCO does not control and is not responsible for the availability or content of any third party websites or material you access through this Website. Links to third party websites on this Website are provided solely for convenience and KIDSCO does not endorse the opinions or views found in linked sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. KIDSCO does not endorse and is not responsible or liable for any content, advertising, products, services or information offered, on or available from third party websites or material (including payment for and delivery of such products or services). To the extent permitted by law, KIDSCO disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from this Website.

6.2 KIDSCO is not responsible for any damage, loss or offence caused by or, in connection with, any content, the accuracy, completeness, currency or quality of such content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

7 Competition Standard Terms

7.1 KIDSCO may run or promote competitions on the Website. If so, specific competition standard terms will be posted on the Website by KIDSCO and these specific competition standard terms shall form part of the Terms of Use generally for the Website. To the extent of any conflict between these specific competition standard terms and the Terms of Use, the relevant specific terms shall take precedence.

8 Disclaimer

8.1 While KIDSCO endeavours to ensure that the information and other materials created by us and included on this Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. KIDSCO does not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk.

8.2 The material on this Website, including but not limited to the information, names, images, pictures, logos and icons relating to this Website, KIDSCO and/or any of KIDSCO's associated companies, programmes, products and services (or to third party programmes, products and services) is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement being made by KIDSCO or any of its associated companies and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.3 KIDSCO does not warrant (and none of its associated companies warrant) that the functions contained in this Website will be uninterrupted or error free or that any defect will be corrected or that this Website or the content available on or via the Website or the server that makes either available are free of viruses, bugs, trojan horse, worms, software bombs or similar items or processes or other harmful components. KIDSCO does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. KIDSCO may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time without notice or liability.

9 Liability

9.1 KIDSCO, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of KIDSCO’s associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption and whether in tort (including without limitation negligence), contract or otherwise, loss of management time) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website or any websites linked to this Website or the material on such websites, even if such loss or damage was forseeable. Loss or damage excluded under this clause shall include but not be limited to (i) loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website or (ii) loss of earnings.

9.2 Nothing in these Terms of Use shall exclude or limit KIDSCO’s liability for:
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(ii) fraud; or
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.

9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9.4 Without prejudice to any of the provisions in this paragraph 9, the liability of KIDSCO shall not exceed the amount, if any, paid by you to access this Website.

10 Your responsibilities

10.1 By transmitting, posting on or submitting via this Website any materials you:
(i) warrant that you have permission from a parent or guardian to use this Website and that they have read and discussed these Terms of Use with you or are over 18, all information provided by you to KIDSCO is true, accurate and up to date in all respects and your contribution is your own original work and you have the right to submit it and assign to KIDSCO all rights in it; and
(ii) irrevocably waive any moral rights in your submission.

10.2 You and your parent or guardian hereby agree to fully indemnify, defend and keep indemnified KIDSCO, its associated companies, its directors, employees, agents, licensors, representatives and third party providers from and against all loss and damages including reasonable legal fees resulting from any breach by you of any of these Terms of Use.

11 Law and jurisdiction

11.1 These Terms of Use shall be governed by and construed in accordance with English law. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the English courts. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises.

11.2 If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.

11.3 KIDSCO makes no representation that materials on this Website are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal or prohibited. If you access this Website from a location outside of the United Kingdom, you are responsible for compliance with all local laws.

12 Customer Feedback and Complaints

We welcome your questions and comments about the Terms of Use, Competition Standard Terms and any specific terms of a competition and on privacy issues and the design of our Website. Should you have such questions, comments or have a complaint about how we are using your personal data, please send an e-mail to webmaster@kidscotv.tv

These Terms of Use were last updated on 25 April 2012

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