Baby First TV WEBSITE GENERAL TERMS AND CONDITIONS OF USE
- The BFTV LLC website (the “site”) is owned and operated by BFTV LLC, a Delaware Corporation (“BFTV LLC”).
- These General Terms and Conditions of Use are effective as of November, 18 2010.
- These Terms and Conditions of Use apply to all users of the site, whether you are simply browsing, using a premium area, submitting data, participating in an interactive area of the site, or using the site or interacting with it in any other way. The term “User” or “Users” therefore applies to anyone performing any of the above actions.
- By using this site, you agree to all the Terms and Conditions. If any of the Terms and Conditions is unacceptable to you, please leave the site and refrain from using it in any way.
- This site is operated at the internet address -www.babyfirsttv.com – and beta.babyfirsttv.com (“the Domain”). The Terms and Conditions apply to all pages and other areas of the site, operating under the domain. BFTV LLC may transfer or copy the site, in whole or in part, to any other domain and/or change the name of the site. The Terms and Conditions shall continue to apply whether the site is operated on this or another domain, and whether operated under the current name or any other name.
- BFTV LLC may amend these Terms and Conditions at any time, without giving any prior notice to users. All amendments will come into effect and bind users once posted on this site. Users are encouraged to check the Terms and Conditions frequently for amendments.
- If you are the parent of a child under 13 years of age, please also read this Section.
- If you are under 13 years of age, you may not use this site unless your parents or your legal guardian have read and approved these Terms and Conditions. If your parents or legal guardian have not read and approved them, please leave this site unless and until they do so.
- Unless you have been specifically granted a broader license, BFTV LLC grants you permission to use this site for your personal, non-commercial use only, on the condition that you accept and abide by all the Terms and Conditions.
- Use of some areas of this site is by registration only. Certain uses and access to certain parts of this site may require creation of an account or receipt of a user name and/or password. All information supplied by you to obtain an account, user name or password must be true, full and accurate.
- All accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account, user name or password without BFTV LLC’s written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of BFTV LLC.
- You are responsible for all activity on you account. If you become aware of any unauthorized use of you account, user name or password, you should immediately notify BFTV LLC. Such notification will not however render BFTV LLC responsible for any unauthorized use, whether occurring before or after such notification.
- BFTV LLC may refuse registration of any user at its complete discretion and may terminate your access to the site, or any area of the site, or an account, user name or password, at any time, at its complete discretion.
- BFTV LLC may cease or terminate the operation of this site, or any area of the site, either temporarily or permanently, and may transfer this site, in whole or in part, to another domain at any time at BFTV LLC’s discretion.
- Use of the Site
- No part of this site may be copied, reproduced, published, publicly performed or displayed, transmitted, communicated, made available to the public, stored in any electronic retrieval system or distributed in any manner or medium without the prior written consent of BFTV LLC.
- You may not: (i) alter, modify, reverse-engineer or amend any part of this site, other than by submitting User Content, under the rules set out in these Terms and Conditions; (ii) use this site or any information on or about other users obtained from this site to send any spam or other unauthorized or unsolicited commercial communications or publicity materials, solicitations, chain-letters and the like; (iii) transmit to or by way of this site any content which contains any software viruses, bugs, Trojan horses, worms or other computer program or content that is or could be harmful to other computers or computer programs or could interrupt their use.
- You may not circumvent, disable or otherwise interfere with any technological measures used on this site, which are designed to prevent or restrict use of, or access to any content or materials, or any copying or distribution of content or materials, or to protect the privacy of users.
- Users agree not to operate or use any automated system or program, including any robot (“bot”), spider, crawler and the like, that sends user requests to the site in a quantity that exceeds the number of requests that a human being, not using such a system or program, would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or that exceeds the number of requests that a reasonable user would send during the normal course of personal, non-commercial use of the site. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden this site or our servers solely for the purpose of indexing this site and its contents in the search engine.
- We permit links to this site, provided the link is made and used in an acceptable and non-misleading manner and that this site is not framed by the linking site. We reserve the right to revoke permission to any site to link to this site in our absolute discretion. We do not allow links from any site that promulgates, promotes or encourages illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or content that is unsuitable to minors.
- BFTV LLC provides links to certain sites on the web that are not owned or operated by BFTV LLC. These links are provided as a service to our users, because we think those sites may be of interest to them. We do not endorse such sites or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.
- Use of forums, blogs, chats and other areas of this site allowing speech is granted on condition that you abide by the rules of these features. Comments that you make using these features will be regarded as User Content and will be governed by the rules applying to User Content as more fully set out in Section 5.
- Intellectual Property Rights
- Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in this site and any materials on the site, including its source program and any and all texts, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials and any other materials (“Materials”), other than the rights in User Content as defined below, are owned by, or licensed to BFTV LLC and are protected by law, as well as under international treaties. All rights in such material are reserved. No licenses of any kind to such Materials are granted or implied other than as specifically set out hereunder. These Materials are provided for the personal, non-commercial use of Users and may not be published, copied, reproduced, publicly performed or displayed, transmitted, or made available to the public, distributed, sold, licensed or otherwise exploited without the specific, written authorization of BFTV LLC or the Licensor of the Materials (in regard to all materials other than User Content) or the owner (in regard to User Content).
- The BFTV LLC name, mark and logo are the property of BFTV LLC and may not be used for any purpose without the prior written consent of BFTV LLC.
- Any materials, including any software, which may be downloaded from this site, are licensed to you, the user solely for your own, personal and non-commercial use and enjoyment on one computer, or other device to which materials may be downloaded, and for no other use. . This license is non-exclusive and non-transferable and may be revoked by BFTV LLC at any time. The prohibitions in Section A above, such as against copying, reproduction and distribution apply to all such materials. In addition, you may not remove any copyright or other notice or mark appearing on the materials.
- User Content
- This site may contain materials or content, including pictures and texts, which is or has been submitted by Users, such as in Greetings Section, the Baby of the Week and Video of the Week areas (“User Content”).
- BFTV LLC is not responsible in any manner for the User Content. We allow the posting and uploading of user content as a service to Users for their own and other Users independent review, assessment, evaluation and use under these Terms and Conditions. We do not endorse or approve any User Content or any materials, contents messages or statements contained therein. All user content and the information contained therein are the representations, ideas and views of the submitting users only.
- User Content may be submitted only under these Terms and Conditions. Users will be solely responsible for the User Content posted or uploaded by them and all materials contained therein, and for any legal or other results or consequences of such Materials.
- When you post or upload materials or content, including pictures, videos and texts, that content will become available to other users and may be viewed by them.
- You should post or upload User Content only if you own all rights in it, including in all materials contained therein or have received appropriate licenses for their incorporation and use for all purposes included in or contemplated by these Terms and Conditions, as well as written permission to depict and to use the name, picture, likeness and voice of any and all living or deceased persons appearing in the User Content.
- Users may not post Materials of any type that: (i) infringe the patent, copyright, trademark, trade-dress, design rights, trade secrets or any other intellectual property rights of any third party; (ii) contain any statements or messages, whether textual, visual, aural, audio-visual or otherwise that are defamatory or infringe the right of privacy or the right of publicity of any third party; (iii) incite, promote or encourage discrimination on the grounds of race, religion, age, gender, sexual preference or on any other grounds; (iv) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; or (v) contain explicit or distasteful depictions of violence, pain, suffering or illness; (vi) contain nudity or pornographic, obscene or profane materials; (vii) are otherwise inappropriate to minors (viii) contain trade secrets that belong to others; (ix) are menacing, threatening or intimidating; (x) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or BFTV LLC; (xi) advertise or promote, either expressly or impliedly any product, service, business, political party or other organization or cause; (xii) depict or refer to any minor without the prior written consent of his or her parents or legal guardian or could in any way be harmful to a minor or his wellbeing; or (xiii) contain any address or contact information of any person other than the User himself, unless the user has obtained the prior written consent of such person.
- BFTV LLC reserves the right to remove or disable access to any materials that do not comply with the above conditions or which are otherwise considered by us to be in bad taste or contradictory to the policies and purposes of BFTV LLC, or are the subject of a complaint by a third party, without any need for notice to the posting User. In case of gross or repeat infringements, we reserve the right to terminate the account of the User with no prior notice.
- Users shall retain all copyright and other intellectual property rights in User Content posted or uploaded by them. By uploading or posting any content to this site, a User grants BFTV LLC, its licensees and affiliates a non-exclusive fully transferable license to copy, publish, display, publicly perform, broadcast, transmit, communicate and make available to the public and distribute the User Content or any part of it on or through this site, or any affiliated site,on the BabyFirst television channel and associated channels, and in any and all other media, whether now known or hereafter invented, throughout the universe, in perpetuity.
- BFTV LLC may at its complete discretion edit, alter, add to or detract from any User Content and create derivative works thereof. Users must recognize that due to the nature of the site, BFTV LLC will not be required to grant and will not be liable for any omission of any credit in regard to User Content, including in cases where the credit was originally included in the User Content, but was deleted or omitted.
- Users may request to withdraw their own User Content from the site at any time, and BFTV LLC shall effect such withdrawal as soon as is reasonably possible, but such withdrawal shall not affect any license already granted to or by BFTV LLC as a consequence of the posting or uploading. BFTV LLC, its licensees and affiliates will continue to hold a license to exploit the User Content in any context, media and compilation and within any derivative work.
- Complaints of Infringement
- BFTV LLC respects the rights of others and expects you to do so also.
- If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site, including any User Content, infringes upon your copyright, you may submit a written notification to our Designated Agent under 17 U.S.C. Section 512(c) (3) (“the Digital Millennium Copyright Act” or “DMCA”) including the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site, is covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BFTV LLC to locate the material.
(iv) Information reasonably sufficient to permit BFTV LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Our Designated Agent for DMCA complaints under Section B above is:
Name: Karl Knepley
Address: BFTV LLC, 10390 Santa Monica Blvd, 1070, Los Angeles, CA 90025, USA,
Telephone: (310) 442-9853
- Under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- If you believe that any content on this site infringes any other intellectual property right, other than copyright or any other right of yours, or in any other manner harms you, or if you have any other complaint regarding the site, please notify us so that we may review your complaint
- All complaints should be sent in writing to the above complaints agent and should give the following details:
(i) Your full name and contact details, including physical address and email, and, when available a fax number and telephone number.
(ii) Full details of the complaint, detailing: i) the rights claimed to have been infringed or the harm claimed to have been caused to you,
ii) a statement that you own the rights claimed to have been infringed, or are the authorized agent of the owner; iii) a detailed statement identifying as fully as possible the allegedly infringing material and its location on this site.
(iii) Information reasonably sufficient to permit BFTV LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- BFTV LLC will review all complaints promptly but reserves the right to decide whether to act on such complaints.
- Submissions Policy
- Although we welcome your comments to our programming and this site, BFTV LLC does not accept unsolicited submissions for its shows, sites and other products. Therefore, please do not make any such submissions, including story ideas, character ideas, plot suggestions, set or costume designs, or scripts to BFTV LLC through this site or otherwise. BFTV LLC will not review any such submissions. While we appreciate your comments, BFTV LLC cannot guarantee that it will respond to your messages. Notwithstanding the foregoing, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
- Purchases and Payments for Subscriptions
- We offer subscriptions to this site which entitle you to use premium areas. In addition we may offer various other goods and services for sale on this site. Any purchase of a subscription, or other good or service is subject to the following conditions.
- You agree to pay BFTV LLC the charge as published on this site for any goods or services, including any subscription that you purchase through this site. Payment may be made using a valid charge card or other payment method that we authorize from time-to-time.
- You agree that any charge card or other payment method used by you will be valid and that you are the legal owner or authorized user of said card or other payment method. Any information given by you regarding any card, account, purchase or payment will be true and accurate.
- If you purchase a monthly, annual or other periodical subscription to any service or feature of this site, you authorize BFTV LLC to charge the card or account or other payment method used at the beginning of each month, year or the applicable period of your subscription, or at some other time during the month, year or applicable period, in accordance with our charge system and, if you use a checking card, to electronically withdraw payment from your account.
- Payments are non-refundable for any reason, except in the case of product returns as detailed below.
- In case of non-payment or late payment, BFTV LLC will be entitled to cancel or deactivate any subscription or service, including any user name or password, and to collect the debt by any legal means, and will also be entitled to costs, including collection fees and attorney fees, incurred by us to collect the debt.
- If you feel that you have been charged by mistake for a subscription, good or service, or if you feel you have been overcharged, please contact us immediately upon receipt of the relevant notice of charge. We will investigate any such complaint and, if a mistake has been made, will refund you the sum of the mistake charge, or overcharge. No refunds will be made after 90 days of issuance of a charge notice.
- You may cancel a subscription or service at any time by using the cancellation feature on your account. Cancellations shall come into effect upon the termination of the then current month, year, or other applicable subscription period, You will be charged for the remainder of the said month, year or other applicable period until cancellation comes into effect. . With respect to canceling an annual subscription, a one-time Cancellation Fee of $7.00 will be charged your account.
- You understand and agree that cancellation of a subscription or service will be your sole right and remedy in respect to that subscription or service and that you will not be entitled to any other right or remedy in respect of it, including, but not limited to in the event that you are not satisfied with the subscription or service, in respect of any complaints as to such subscription or service, and in case of problems with accessing or using the service.
- BFTV LLC will refund the full amount for any product purchased at the Baby First store that arrives damaged or faulty, provided that:
- You notify us within 3 days of receipt of the Product that it was damaged or faulty upon arrival;
- You return the product to us in its original packaging.
- No other refunds will be made except as stated above.
- For further terms of sale of the Baby First shop, please see the Baby First store FAQ.
- No Advice
- The Materials on this site are for general informational and entertainment purposes only. Although we may provide learning materials, these are provided for your own or your child’s enjoyment, enrichment and use, and not as a substitute for any school or pre-school learning material. We do not and cannot guarantee that your child’s learning performance will improve as a result of use of this site.
- Nothing in this site or the Materials on this site is intended as, or as a substitute for, professional medical, psychological or other health care or parenting related advice, diagnosis or treatment. Any information contained in the Material on this site is presented in summary form only and is intended to provide general understanding of baby and parenting related topics. You should always seek the advice of your physician or other qualified healthcare provider with respect to any questions you may have regarding a medical, psychological, healthcare, parenting or other related matter or condition. Never disregard professional medical, psychological, parenting or other health care advice or delay in seeking it for you or your child because of something you have seen or heard in the Materials or on this site. If you think that you, your child, or someone you know may have a medical emergency or otherwise may need immediate treatment, call your doctor or 911 without delay. BFTV LLC does not recommend, guarantee, or endorse any specific tests, physicians, psychologists, health care providers, experts, products, procedures, opinions, or other information that may be mentioned or included in the Materials on this site.
- Disclaimer of Warranty
- ALTHOUGH WE WILL DO OUR BEST TO PROVIDE CONTINUOUS SERVICE, BFTV LLC DOES NOT AND CANNOT GUARANTY THAT THIS SITE WILL BE AVAILABLE TO USERS AT ALL TIMES. IN PARTICULAR, THIS SITE MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS.
- USE OF THIS SITE IS AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, BFTV LLC, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USE THEREOF BY ANY USER.
- BFTV LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING USER CONTENT, OR OF ANY SITE LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.
- Limitation of Liability
- IN NO EVENT SHALL BFTV LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING USER CONTENT, OR ANY SITE LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY STATEMENTS OR CONTENTS CONTAINED IN ANY USER CONTENT, ALL OF THE ABOVE WHETHER THE CLAIM AGAINST US IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORSEEN BY BFTV LLC. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- IN NO EVENT SHALL THE LIABILITY OF BFTV LLC EXCEED THE DIRECT FEES PAID BY YOU FOR THE ONLINE SERVICES OF BFTV LLC
- You agree and undertake to fully indemnify BFTV LLC, its officers, directors and employees from and against any and all damages, loses, costs and expenses of whatever kind, including attorneys fees and any sums paid under any settlement, incurred or suffered as a result of any claim, demand or suit by any third party, whenever and wherever filed, arising out of: (i) your access and use of this website, including your posting and/or uploading of any User Content; (ii) any infringement of these Terms and Conditions by you; (iii) any other act or omission of yours, including any infringement of any intellectual property right or any other right of any third party.
- The permissions and licenses granted to you hereunder are personal and may not be assigned by you to any third party without the prior written consent of BFTV LLC.
- BFTV LLC may assign, transfer, license or sub-license its rights and any license received by you.
- This site is designed to conform to the laws of the state of California. If you are viewing or using this site from another state or country, please be aware that you will be transferring information outside of your state or country. Your continued access and use of this site will indicate your consent to this.
- The headings to this Agreement are intended for convenience only and shall not be used for interpretation.
- If any provision or provisions of this Agreement should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.
- No failure of BFTV LLC to invoke or enforce any of the Terms and Conditions shall be considered as a waiver of any right of BFTV LLC.
- THIS AGREEMENT WILL BECOME BINDING UPON YOU UPON USE OF THIS SITE.