THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMART KIDZ MEDIA, INC. ("SKM") STATING THE TERMS THAT GOVERN YOUR USE OF SMARTKIDZLIBRARY.COM WEBSITE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SKM'S RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND SKM. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SKM MAY REFUSE ACCESS TO THE SMARTKIDZLIBRARY.COM WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
In order to be able to use our Streaming Services to stream the Digital Media Content, you will need a compatible device, Internet access (WiFi), certain software, and may require you to obtain updates or upgrades from time to time. Because use of the Streaming Services involves hardware, software, and Internet access, your ability to use the Streaming Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Streaming Services is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Streaming Services.
a. Monthly Membership Fees. Your use of the Streaming Service is secured by you paying monthly membership fees. Your membership is subject to the Terms of Membership (link). Any other membership agreements or other terms and conditions required for use of the Streaming Services, are hereby made a part of this Agreement.
b. Personal Use. Our Streaming Services are made available for your personal, non-commercial use only. Individuals, businesses, organizations or other legal entities may not use the Streaming Services for any commercial purpose without the express written consent of SKM.
c. Age Restrictions. SKM offers Digital Media Content that is appropriate for children, but it provides the use of the Streaming Services to adults who can set up an account and who can pay for the Streaming Services with a credit card. Children under 13 may use our Streaming Services only with the involvement of a parent or guardian.
The use of SmartKidzLibrary.com website is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 without the supervision or involvement of a parent or guardian is strictly prohibited.
You agree to provide accurate, current, and complete information required to register with the Streaming Services and at other points as may be required in the course of using the Streaming Services ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. SKM may terminate your rights to any or all of the Streaming Services if any information you provide is false, inaccurate or incomplete. You agree that SKM may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card.
a. Account and Password. As a registered member of our Streaming Services, you will be required to establish an account ("Account") that can only be accessed by your personal password. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account password or personal information to anyone else or use anyone else's Account information. You are entirely responsible for all the activities that occur on or through your Account, and you agree to immediately notify SKM of any unauthorized use of your Account or any other breach of security. SKM shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Streaming Services include a security framework using technology that protects digital information and limits your usage of the Digital Media Content to certain streaming rules established by SKM and its licensors ("Streaming Rules"). You agree to comply with such Streaming Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Steaming Rules for any reason whatsoever. Streaming Rules may be controlled and monitored by SKM for compliance purposes, and SKM reserves the right to enforce the Steaming Rules with or without notice to you. You will not access the Streaming Services by any means other than through software that is provided by SKM for accessing the Streaming Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Streaming Services. Violations of system or network security may result in civil or criminal liability.
The Streaming Services require you to pay a monthly membership fee to view Digital Media Content. With an active membership, you will be able to view the Digital Media Content an unlimited number of times each month.
All monthly membership fees will be billed to the credit card you designate during the sign-up process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card account information online in your My Account section found on the SmartKidzLibrary.com. (There may be a temporary disruption of your access to the Streaming Services until SKM can verify the validity of the new credit card information.)
You may not transfer, copy or display the Digital Media Content, except as permitted in this Agreement. In addition, you may not:
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Streaming Service and the Digital Media Content are reserved and retained by SKM and its licensors. SKM and its licensors do not transfer any right, title or interest in the Digital Media Content. You do not acquire any ownership rights in the Digital Media Content as a result of streaming the Digital Media Content.
SKM reserves the right to modify, suspend, or discontinue the Streaming Service (or any part or content thereof) at any time with or without notice to you, and SKM will not be liable to you or to any third party should it exercise such rights.
The Streaming Service is controlled and operated by SKM from its offices in Carlsbad, California. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Streaming Services.
a. Acknowledgement of Ownership. You agree that the Streaming Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by SKM and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You will not use such proprietary information or materials in any way whatsoever except for use of the Streaming Service in compliance with the terms of this Agreement. No portion of the Streaming Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Streaming Service, in any manner, and you shall not exploit the Streaming Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of SKM Content or Other Materials. Notwithstanding any other provision of this Agreement, SKM reserves the right to change, suspend, remove, or disable access to any Digital Media Content or other materials comprising a part of the Streaming Service at any time without notice. In no event will SKM be liable for the removal of or disabling of access to any such Digital Media Content under this Agreement. SKM may also impose limits on the use of or access to certain features or portions of the Streaming Service, in any case, and without notice or liability.
d. Trademarks. SmartKidzLibrary.com, Smart Kidz Media, and the Smart Kidz® logo, and other SKM trademarks, Streaming Service marks, graphics, and logos used in connection with the Streaming Service are trademarks or registered trademarks of SKM in the U.S. and/or other countries. Other trademarks, Streaming Service marks, graphics, and logos used in connection with the Streaming Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. SKM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SKM MAY REMOVE THE STREAMING SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE STREAMING SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE STREAMING SERVICE IS AT YOUR SOLE RISK. THE STREAMING SERVICE AND ALL PRODUCTS AND STREAMING SERVICES DELIVERED TO YOU THROUGH THE STREAMING SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY SKM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL SKM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE STREAMING SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE STREAMING SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DIGITAL MEDIA CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STREAMING SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. SKM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE STREAMING SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SKM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. SKM DOES NOT REPRESENT OR GUARANTEE THAT THE STREAMING SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SKM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
BY USING THE STREAMING SERVICE, YOU AGREE TO INDEMNIFY AND HOLD SKM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE STREAMING SERVICE, OR ANY ACTION TAKEN BY SKM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SKM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE STREAMING SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SKM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
SKM reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Streaming Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of SmartKidzLibrary.com will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
SKM may send you notice with respect to the Streaming Service by sending an email message to the email address listed in your SKM Account (My Account) contact information, by sending a letter via postal mail to the contact address listed in your SKM Account contact information, or by a posting on SmartKidzLibrary.com. Notices shall become effective immediately.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Streaming Service. Your use of the Streaming Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SKM or relating in any way to your use of the Streaming Service resides in the courts of San Diego, California.
a. These Terms of Streaming Service constitute the entire agreement between you and SKM and govern your use of the Streaming Service, superseding any prior agreements between you and SKM. You also may be subject to additional terms and conditions that may apply when you use affiliate Streaming Services, third-party content, or third-party software. If any part of these Terms of Streaming Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SKM's failure to enforce any right or provisions in these Terms of Streaming Service will not constitute a waiver of such provision, or any other provision of these Terms of Streaming Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. SKM will not be responsible for failures to fulfill any obligations due to causes beyond its control.
b. If you violate any of the terms or conditions of this Agreement, your membership to use our Streaming Service and view Digital Media Content will immediately terminate, and SKM may, in its discretion, immediately revoke your access to the Streaming Service without notice to you and without refund of any fees. In such event, SKM shall have the right, without notice to you, to automatically discontinue your access to Digital Media Content from the Streaming Service.
c. You agree to use the Streaming Service at your sole risk, and SKM shall have no liability to you for content that you may find to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that SKM does not guarantee their accuracy.
d. SKM reserves the right to modify, suspend, or discontinue the Streaming Service, or any part thereof, at any time and without notice to you, and SKM will not be liable to you should it exercise such rights, even if your use of Digital Media Content is impacted by the change.
e. SKM reserves the right to make changes to this Agreement at any time. Your continued use of the Streaming Service following any such changes will constitute your acceptance of such changes.