Kidoodle tv

Terms of Use

THIS WEBSITE IS OWNED AND OPERATED BY A PARENT MEDIA CO. INC. (“APMC”, “WE” AND “US”). ACCESS AND USE OF THIS WEBSITE (THE “SITE”) AND ITS RELATED SERVICES (THE “SERVICES”) ARE PROVIDED BY APMC TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE AND OUR PRIVACY POLICY, AND BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES. IF YOU ARE A PARENT OR GUARDIAN AND YOU CONSENT TO YOUR CHILD’S USE OF THIS SITE OR THE SERVICES, BY PROVIDING SUCH CONSENT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THIS SITE AND THE SERVICES. YOUR CHILD CANNOT USE THIS SITE OR THE SERVICES WITHOUT YOUR CONSENT, SUPERVISION, INVOLVEMENT AND PERMISSION. IF YOU DO NOT AGREE TO CONSENT TO, AND SUPERVISE, YOUR CHILD’S USE OF THIS SITE OR THE SERVICES, YOU AND YOUR CHILD MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

These Terms of Use govern the relationship between you, the Site visitor and/or member and/or subscriber (“you”) and APMC with respect to your use of this Site and its related Services. You agree that the agreement formed by these Terms of Use is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

You understand that aspects of this Site and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your jurisdiction.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site or the Services; and (iv) the equipment, hardware or software required to use and access this Site or the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website. Your continued use of this Site or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of or otherwise abuse this Site, the Services or any system resources, services or networks connected to or accessible through this Site or the Services. You may only use this Site and the Services for lawful purposes.

1. JURISDICTION & CHILDREN

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age, and you are subject to the laws of such a jurisdiction, and are under such age limit, you may not enter into this agreement or use this Site or the Services.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Site or the Services, you may not enter into this agreement or use this Site or the Services. By using this Site you are explicitly stating and representing to APMC that you have verified in your own jurisdiction that your use of this Site and the Services is allowed.

You may, where authorized or permitted by law, permit your children to use this Site and the Services, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use. You shall at all times be responsible and liable for all activities conducted and items obtained through your Account (defined below), including, without limitation, all activities which may be conducted and/or items which may be obtained by your child.

Your Account may be deleted and these Terms of Use may be suspended or terminated without warning if we believe that you are under age or your use of this Site or the Services is not allowed.

2. PRIVACY

APMC is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Site or use the Services. Please see our Privacy Policy for further details.

You acknowledge and agree that access to and use of this Site and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

3. MEMBERS

In order to access and use certain of the Services available on this Site, you must sign up for, open and maintain an account (“Account”) with us (also referenced within the Site and Services as the “Parent’s Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use the Services.

During the registration process, we may collect your name, birth date, email address, phone number, username, password, IP address, computer’s hardware, operating system specifications, and payment related information (such as your credit card number, CVV and billing address).

Your information may be used by us:

  • to verify your eligibility to create and to maintain your Account;
  • to ensure that your Account, including your username, is unique;
  • to enable us to provide certain security and privacy safeguards;
  • to deal with security, debugging and technical support issues;
  • for geo-targeting purposes related to content and feature provision and promotional opportunities within the Services;
  • to determine and accommodate member/subscriber preferences;
  • for billing and payment-related issues;
  • to protect ourselves and others from abuse; and
  • to comply with law.

All of the information you provide to us or that we collect from you in connection with your use of the Site or the Services will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Site or the Services and, in our sole discretion, to report you to the appropriate authorities.

You must be 18 years of age or older to subscribe to the Site and Services. If you reside in or are subject to the laws of a jurisdiction where the age of majority is older than 18, you must satisfy that age in order to become a member. While the Site and Services are designed for use by individuals under the age of 18, those individuals may only do so only with the consent, involvement, supervision, and permission of a parent or legal guardian who is age of majority or older.

Only “natural persons,” as opposed to any kind of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall have the right to establish an Account. We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

You must not choose a username that infringes the rights of any third party, impersonates any APMC employee, other users, celebrities or anyone with a considerable fame, which violated trademark or similar rights of a third party, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username, password and passcode(s) and agree not to transfer your right to use or access this Site or the Services via your username or password to any third person.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND PASSCODE(S) AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You may not use the Account, username, password, or passcode(s) of anyone else at any time.

You agree to notify us immediately or any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your Account, username, password, or passcode(s) either with or without your knowledge.

You cannot transfer your Account to any other person, or permit any third party to use same.

4. PERSONAL USE ONLY

This Site and the Services are only for personal use. You may not use this Site or the Services for commercial purposes or in any way that is unlawful, or that harms us or any other person or entity, as determined in our sole discretion.

5. CODE OF CONDUCT

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site or the Services. APMC does not condone or allow unsolicited commercial electronic messages or communications (spam). You agree that you will not use this Site or the Services to send unsolicited commercial or other e-mail or electronic messages of any kind.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of APMC’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. APMC may, without notice, temporarily suspend your, or any other party’s, access to this Site or the Services (including, without limitation, any specific areas hosted within this Site), by deactivating any Accounts, usernames, password(s), passcode(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as APMC may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

While using this Site or the Services, you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, spam or other unsolicited commercial electronic messaging, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services. For clarity, and without limiting the foregoing, you agree not to:

  • post or upload anything on the Site or the Services that: (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
  • post or upload anything on the Site or the Services that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • post or upload anything on the Site or the Services that infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (iii) any confidentiality obligation;
  • post or upload anything on the Site or the Services that (i) violates any specific restrictions applicable to this Site or the Services, including age restrictions and procedures; or (ii) is antisocial, disruptive, or destructive, including anything that can be construed as “flaming”, “spamming”, “flooding”, “trolling”, or “griefing” as those terms are commonly understood and used on the Internet;
  • post or upload anything on the Site or the Services that: (i) expresses or implies that any statements you make or actions you take are endorsed by us; or (ii) impersonate another person (including celebrities), indicate that you are an APMC employee, representative of APMC or Kidoodle.TV, or attempt to mislead users by indicating that you represent APMC, Kidoodle.TV, or any of APMC’ partners or affiliates;
  • post or upload anything on the Site or the Services that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • post or upload anything on the Site or the Services that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
  • link (i) to any page of or content on this Site other than the URL located at www.kidoodle.tv or (ii) provide a link to any web sites that promote any product or any service;
  • download, copy, record, reproduce, republish, upload, post, transmit, modify, store, distribute or publicly display any of the content, information, icons, or licensed titles contained in this Site or the Services except as expressly authorized by us in writing;
  • use tools which hack or alter this Site, the Services or that allow you to connect to this Site’s or the Services’ private binary interface or utilize user or other interfaces other than those provided by us to you;
  • attempt to obtain a password, passcode or other private account information from any other person or user/subscriber of this Site or the Services; or
  • create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with APMC.

Although APMC is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

6. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site or the Services.

7. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all Internet, computer hardware, software, and other equipment, and the minimum system requirements needed to access and use this Site and the Services and you shall be solely responsible for all charges and fees related thereto.

8. CURRENCY OF WEBSITE

APMC updates the information on this Site and the Services periodically. However, APMC cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services or the representations and views of third party users, providers, or licensed titles. APMC may revise, supplement or delete information, services and/or the resources contained in this Site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

9. LINKED WEBSITES

This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that APMC monitors or endorses these websites. APMC has no control over and does not accept any responsibility for the content, policies or practices of any third party websites. We encourage you to read the terms and conditions and privacy policy of any third party website that you visit. APMC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

10. ADVERTISING

The Site and Services may include promotional material and advertisements for third party products and services. By using the Services and agreeing to these Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Sites and the Services.

APMC has strict advertising standards and practices in place to ensure its users are protected from material that is potentially harmful. Notwithstanding this, APMC does not endorse, or make any representations or warranties concerning, any advertiser’s goods or services seen on the Site or the Services or on that advertiser’s website, nor does APMC accept any responsibility for that advertiser’s goods or services.

11. INTERNET SOFTWARE OR COMPUTER VIRUSES

Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently contracted from this Site or the Services.

APMC shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or your downloading of any of User Materials or other content from this Site. APMC recommends that you install appropriate anti-virus or other protective software.

12. SWEEPSTAKES, CONTESTS AND GAMES

Any sweepstakes, contests, and games that are accessible through this Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. We urge you to read the applicable rules as they apply from time to time and which will be linked from the particular activity.

13. FEES FOR RELATED SERVICES

APMC may, from time to time, provide certain Services through this Site on a fee basis. Where you elect to receive such Services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Services as more particularly set out in the order confirmation provided at the time that you ordered such Services. We may amend this Site, the Services and/or the amounts that we charge for same at any time, without prior notice. Fees do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. If APMC terminates these Terms of Use because of your breach of its terms, you shall not be entitled to the refund of any unused portion of any fees you have already paid. You agree that APMC may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due, where relevant.

14. OUR MATERIALS

This Site and the Services are owned and operated by APMC in conjunction with others.

APMC may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “SMS Materials”) available to you from this Site or the Services, from time to time. If you stream or use SMS Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without APMC’ prior written permission, and (iii) shall only be used in compliance with any additional license terms accompanying such materials. APMC does not transfer either the title or the intellectual property rights to the SMS Materials, and retains any and all intellectual property rights that it may have therein. You agree not to sell, share, redistribute, or reproduce the SMS Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any SMS Materials into a human-perceivable form. APMC or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

This website, including its organization and presentation and the SMS Materials, is the property of APMC and its licensors, and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

15. YOUR MATERIALS

By any posting, uploading, displaying, performing, transmitting, sharing, making available or otherwise distributing information or other content (“User Materials”) to this Site or the Services by you or at your direction, you are granting, and hereby grant, APMC, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable license to use such User Materials in connection with the operation of this Site and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, make available, make derivative works from, include in mashups, and reformat such User Materials. You will not be compensated for any User Materials. You agree that APMC may publish or otherwise disclose your username in connection with your User Materials. By posting User Materials on this Site or the Services, you warrant and represent that you own title to the User Materials and any work or content therein that may be subject to protection by intellectual property laws, or are otherwise authorized by the owner of such title to post, distribute, display, perform, transmit, make available, or otherwise distribute User Materials, in compliance with the license granted herein to APMC, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives and that such User Materials, and their use, do not violate any applicable laws, including, without limitation, any intellectual property laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you, and YOU AGREE TO INDEMNIFY AND HOLD HARMLESS APMC FOR ANY LIABILITY, CLAIM, LOSS OR EXPENSE, INCLUDING ATTORNEY FEES, ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF ANY USER MATERIALS THAT YOU POST, UPLOAD, DISPLAY, PERFORM, TRANSMIT, SHARE OR OTHERWISE DISTRIBUTE THROUGH THE SITE OR THE SERVICES.

By posting, uploading, displaying, performing, transmitting, sharing or otherwise distributing any User Materials to this Site or the Services, you agree that APMC may, with or without notice to you, remove or render inaccessible such User Materials from the Site or the Services at any time and for any reason, including, without limitation, account inactivity or compliance with law including, where applicable, the DMCA (as defined below) provisions respecting intellectual property protection.

If you choose to transmit, share or otherwise distribute your User Materials to third parties through the Site or the Services, you represent and warrant that you will do so in compliance with all laws, including, without limitation, any laws governing the transmission of commercial electronic messages or similar.

You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. APMC shall not be responsible or liable for the loss, deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Site or the Services. We may, in our sole discretion, limit the data volume of User Materials that you post or upload to the Site or Services, and may charge a fee for the storage of greater volumes of data, as discussed above. Further, we may, in case of Account inactivity for a period of 365 days, delete your User Materials.

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Site or the Services including without limitation that you have the consent to include images of each identifiable person included in the User Materials and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.

16. CLAIMS OF COPYRIGHT INFRINGEMENT

APMC asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse, we ask you to help us.

If you notice or suspect any copyright infringement, please notify us by mail or email as follows:

Copyright Officer
c/o A Parent Media Co. Inc.
Suite 320, 333 – 24th Avenue SW,
Calgary, Alberta, Canada T2S 3E6
privacy@kidoodle.tv

Claims under US Copyright Law

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe, in good faith, that materials hosted on the Site infringe your copyright, please provide APMC at the address above with a notice of infringement (“Notice”) containing the following information:

  • an electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed including the URL (i.e. Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
  • a description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send APMC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA. APMC may suspend or terminate membership privileges, Accounts and access to the Site and Services for those who engage in repeated acts of infringement.

Claims under Canadian Copyright Law

Effective January 2, 2015, new rules under the amended Canadian Copyright Act also give copyright owners the right to send notifications to digital network providers, including organizations such as APMC, alleging that a customer has infringed their Canadian copyright. This system is known as “Notice-and-Notice”. Notices sent under it must contain certain information:

  • the infringement alleged;
  • to which material the allegation relates;
  • the claimant’s right in the material, and name and address; and
  • the electronic address, date, and time of the alleged activity.
  • Such a notice should be sent to APMC at the address above.

Under Notice-and-Notice, digital network providers, including organizations such as APMC receiving a notice of claimed infringement are required to do two things. We must forward the notice of claimed infringement to the customer/Subscriber whose account corresponds to the electronic location and time identified in the notice. Secondly, we must preserve, for six months, the records allowing the identity of the person to whom the electronic location belongs to be determined. If a court orders us to, we may be required to preserve those records for longer.

Rightsholders are entitled to take legal action to enforce their rights under the Canadian Copyright Act.

Claims under other Copyright Law

Other laws in other countries may provide different remedies for cases of alleged copyright infringement. APMC abides, and requires its customers, to abide by all applicable laws. APMC therefore encourages everyone to become familiar with their rights and obligations under the law. These include both copyright obligations, and privacy rights.

Copyright owners who believe that copyrights other than in Canada on the United States may be infringed may send notifications to APMC, alleging that a customer has infringed their copyright and should specify:

  • the infringement alleged;
  • to which material the allegation relates;
  • the claimant’s right in the material, and name and address; and
  • the electronic address, date, and time of the alleged activity.
  • Any other relevant information should also be included in the notice. Such a notice should be sent to APMC at the address above.

Disclosure of Customer Information

APMC may be asked, under the applicable law, to provide customer information when there is evidence of potential copyright infringement, and the copyright owner decides to take action. APMC will only disclose customer information in these circumstances if required to do so by a court order or other legal or regulatory process.

17. SITE, SERVICES AND MATERIALS PROVIDED “AS IS”

THIS SITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. APMC DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

18. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL APMC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, ANY USER MATERIALS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. APMC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND APMC 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.

IN ANY AND EVERY EVENT, APMC’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE, THE SERVICES, THE USER MATERIALS OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY ($50.00) US DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR APMC TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY APMC, APMC WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES AND ON MORE RESTRICTIVE CONDITIONS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. INDEMNIFICATION

YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS’ FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE, OR FROM YOUR USE OF THIS SITE OR THE SERVICES OR TRANSMISSION OF ANY MATERIALS OR USER MATERIALS OR OTHER CONTENT THROUGH THIS SITE OR THE SERVICES.

20. TERM & TERMINATION

APMC may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that APMC shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Service at any time or from time to time.

APMC may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Site and the Services and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services. Your obligations under these Terms of Use will survive the termination of these Terms of Use, as will any license granted by you to APMC in respect of any User Materials.

21. NOTICE

If you need to contact us regarding this Site, the Services or these Terms of Use, please e-mail us at team@kidoodle.tv. You can also contact us via mail addressed to APMC at Suite 320, 333 – 24th Avenue SW, Calgary, Alberta, Canada T2P 3E6.

22. YOUR QUESTIONS & COMMENTS

Please email your comments, suggestions and feedback (“Comments”) to APMC at the e-mail addresses provided in this Site or the Services.

You may also contact us through the “Need Help? Message Us!” link in the Parents Room of Kidoodle.TV once you are logged in. This feature is delivered to you as part of the Site and Services under your Subscription in order to provide you with assistance from APMC’s support team. APMC may also deliver notifications to you through this feature in order to provide you with factual information about the Site or Services, including updates and instructions with respect to the Site or the Services. Communications delivered through this feature are housed within the Kidoodle.TV Parents Room and are sent to your email address (“Communications”).

You may unsubscribe from the Need Help? Message Us! feature/email list at any time by clicking the “unsubscribe” link at the bottom of the email received or by contacting us at team@kidoodle.tv. However, by unsubscribing, you will no longer have access to our in-service support team, nor will you receive important notifications about the Service. Unsubscribing from this feature/email list does not unsubscribe you from the Service or delete your account. Further, even if you unsubscribe, we may continue to send you communications in compliance with applicable laws.

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. APMC is not liable for any damages related to communications to or from this Site or the Services. You agree with respect to any Comments provided by you to us or with respect to the Communications, via e-mail or otherwise, that: (i) APMC has no obligation concerning such Comments or Communications; (ii) such Comments or Communications are non-confidential; (iii) APMC may use, disclose, distribute or copy such Comments or Communications and may use any ideas, concepts or know-how contained in such Comments or Communications for any purpose and without restriction or obligation to you; and (iv) such Comments or Communications are truthful and do not violate the legal rights of others.

23. ACCESS RELATED TO ALLEGED VIOLATIONS

To ensure that APMC provides a high quality experience for you and for other users of this Site and the Services, you agree that APMC or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site or the Services, and you agree to give APMC full access to your Account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such Account and related information and records.

APMC does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but APMC reserves the right to suspend or terminate your Account or your access to this Site and the Services immediately, with or without notice to you, and without liability to you, if APMC believes that you have violated any of these Terms of Use, furnished APMC with false or misleading information, or interfered with use of this Site or the Services by others.

24. PROTECTION OF MINORS

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and America Links Up:

https://www.eff.org
http://www.netparents.org/parentstips/browsers.html

25. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

26. EXPORT CONTROL AND JURISDICTION

This Site, the Services and the SMS Materials are subject to Canadian and United States export controls. No SMS Materials or any other materials may be downloaded or otherwise exported or re-exported: (i) into any country to which Canada or the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

If you choose to access the Site from locations other than Canada and the United States, you do so at your own initiative and at your own risk. Access to or use of the Site is not permitted where such access or use is prohibited by law. You represent and warrant that you will comply with local laws in your jurisdiction; to the extent such laws are applicable. You agree that you are solely responsible for such compliance. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS APMC FOR ANY LIABILITY, CLAIM, LOSS OR EXPENSE, INCLUDING ATTORNEY FEES, ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF ANY BREACH OF THE PROVISIONS OF THIS SECTION 25.

We reserve the right to limit the availability of the Site and/or the provision of any of the Services, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Services, materials, or other product provided.

27. CANCELLING YOUR SUBSCRIPTION

You may cancel your subscription to the Service at any time by going into the Parents Room, clicking on the Parent’s Account tab and choosing “Cancel Subscription”.

Should you choose to cancel your Subscription, for reasons of privacy and security, we ask that you cancel your subscription using the process described above or contact us through the “Need Help? Message Us!” tab in the Parents Room. Alternatively, we may send an email to the electronic address used to subscribe to Kidoodle.TV to verify the Subscriber’s identity and confirm that they wish to cancel the Subscription assigned to that electronic address.

28. COMMERCIAL ELECTRONIC MESSAGES

Under Canada’s Anti-Spam Legislation, we require your consent to receive Commercial Electronic Messages (including email) from us.

A “Commercial Electronic Message” is defined to include “an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity.”

By consenting to receive emails from Kidoodle.TV by opting-in on the Kidoodle.TV ‘register’ page, you consent to receive communications about special promotions, contests, new features, new content, chances to participate in surveys and more through the email address you provided for your Kidoodle.TV Subscription. You may unsubscribe from the Kidoodle.TV email list at any time by clicking the “unsubscribe” link at the bottom of the email received or by contacting us at team@kidoodle.tv. Unsubscribing from this email list does not unsubscribe you from the Service or from factual notice emails that are emailed to you as part of the Service, nor does it delete your Kidoodle.TV account. Even if you unsubscribe, we may continue to send you electronic communications in compliance with the applicable legislation.

29. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction by the federal and provincial courts located in the Province of Alberta, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Site or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Site or Services, which cannot be amicably resolved, (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Calgary, Alberta in English and governed by Alberta law pursuant to the Alberta Arbitration Act, as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the APMC relating to any Claim and you also agree to opt out of any class proceedings against the APMC. Notwithstanding the foregoing, APMC reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with APMC’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

DATE: August 28, 2019

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