November 13, 2009
Welcome to KidScreen Connect!
IF YOU ARE USING OR OPENING AN ACCOUNT WITH KIDSCREEN CONNECT ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
3. ACCESS AND USE OF THE KIDSCREEN CONNECT SERVICES
You must be at least 13 years of age to visit the KidScreen Connect Site or use the KidScreen Connect Services on any Site.
Your License to View Content. Brunico is pleased to grant you a non-exclusive limited license to use the KidScreen Connect Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for uses as set forth in these Terms.
Your License to Upload. KidScreen Connect allows certain users ("Sellers") to distribute streaming pre-recorded videos.
Content is uploaded and distributed at your own risk. Notwithstanding any obligations hereunder of Brunico to protect Content, Brunico cannot guarantee that there will be no unauthorized copying or distribution of video content nor will Brunico be liable for any copying or usage of the Content not authorized by Brunico.
The Content. You may only access and view the Content in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Brunico in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Brunico. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Brunico and its licensors in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Embedding a Video Using the Video Player. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to Brunico (in Brunico’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Brunico reserves the right to prevent embedding to any website or other location that Brunico finds inappropriate or objectionable (as determined by Brunico in its sole discretion).
Ownership. You agree that Brunico owns and retains all rights to the KidScreen Connect Services. You further agree that the Content you access and view as part of the KidScreen Connect Services is owned or controlled by Brunico and Brunico's licensors. The KidScreen Connect Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the KidScreen Connect Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the KidScreen Connect Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the KidScreen Connect Site or use the KidScreen Connect Services in a way that:
violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Content or the KidScreen Connect Services that is not authorized by Brunico
(including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the
unauthorized download, stream capture, linking, framing, reproduction, access to or distribution of the Content or KidScreen Connect Services);
involves accessing the KidScreen Connect Services through any automated means, including "robots," "spiders," or "offline readers" (other than by
individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating
publicly available search indices — but not caches or archives — of the KidScreen Connect Services and excluding those search engines
or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the KidScreen Connect Services, including Brunico's servers, computer
network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the KidScreen Connect Service;
uses the KidScreen Connect Services to advertise or promote competing services;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by Brunico;
interferes with any other party's use and enjoyment of the KidScreen Connect Services; or
attempts to do any of the foregoing.
If Brunico determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the KidScreen Connect Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the KidScreen Connect Services and Content, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the KidScreen Connect Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the KidScreen Connect Services, you acknowledge that you will have caused substantial harm to Brunico and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Brunico US$50 for each such unsolicited communication you send through the KidScreen Connect Services.
Downloads. In order to participate in certain KidScreen Connect Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the KidScreen Connect Services with respect to any or all users, at any time without notice. You acknowledge that Brunico may do so in Brunico's sole discretion. You also agree that Brunico will not be liable to you for any modification, suspension, or discontinuance of the KidScreen Connect Services.
Applicable charges for KidScreen Connect Services will be as set out on our website from time to time. All charges stated on the website are stated exclusive of taxes unless the context requires otherwise, and in United States (US) currency.
We may vary charges from time to time by posting new charges on our website. However, such variations will not affect services that have already been paid for.
In future we may charge for access to areas of our website that are currently free-of-charge. You acknowledge that, should we choose to do so, you will no longer be able to access those areas of the site free-of-charge.
Brunico may offer certain services on the site on a subscription basis with recurring payments (“Subscription Services”). You agree to pay your subscription fee in advance of receiving any such Subscription Service. Brunico reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply.
If you choose a Subscription Service, including any pre-paid subscription option which is payable on an annual basis or reverts to a monthly payment plan at the expiration of the pre-paid period, you agree that Brunico may automatically charge the subscription fee to your chosen payment method at the beginning of each period. In order to purchase any level of the KidScreen Connect Services, you must select the appropriate product or Subscription Service, enter your billing address, and other details, and where necessary submit payment. Payment may be made online or, where permitted, by cheque or bank transfer. Where payment is made online, you will have access to the package purchased promptly following receipt and verification of the payment. Where payment is made by any other means, we will activate your package and notify you of activation promptly following receipt of the payment in cleared funds. You further agree that Brunico may charge any other applicable fees for the KidScreen Connect Services, including any early termination fee, to your credit card. Brunico reserves the right to suspend or terminate your access to the KidScreen Connect Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Brunico when Brunico believes you are liable for the charges.
If you purchase a Subscription Service before January 22, 2009, you will gain access to the benefits and services specified on our website in connection with that package until August 31, 2009. Thereafter, you will gain access to the benefits and services specified on our website in connection with that package for a period of one (1) year following activation of the package.
Registered users who have an active Subscription Service may upgrade at any point in time at the relevant price specified on our website. In order to do so, you must select the type of package required and submit payment. Payment may be made online or, where permitted, by cheque or bank transfer. Where payment is made online, you will have access to the package purchased promptly following receipt and verification of the payment. Where payment is made by any other means, we will activate your package and notify you of activation promptly following receipt of the payment in cleared funds.
You will have the opportunity to identify and correct input errors prior to making any order using the website interface.
You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify Brunico if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account. You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the KidScreen Connect Services. All fees not paid to Brunico by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by Brunico in connection with Brunico’s collection of such fees. Additionally, Brunico reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the KidScreen Connect Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at supportks firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing email@example.com . Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the KidScreen Connect Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the KidScreen Connect Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the KidScreen Connect Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material (as defined above in Section 3); or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Brunico the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Brunico will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Brunico does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Brunico does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Brunico. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Brunico assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Brunico with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the KidScreen Connect Services is not available for a specific instance of inappropriate User Material, please email firstname.lastname@example.org .
8. LINKED WEBSITES AND ADVERTISING
Brunico is not responsible for the content or practices of any website other than the KidScreen Connect Site, even if it links to the KidScreen Connect Site and even if the website is operated by a company affiliated or otherwise connected with Brunico. By using the KidScreen Connect Services, you acknowledge and agree that Brunico is not responsible or liable to you for any content or other materials hosted and served from any website other than the KidScreen Connect Site.
Advertisements. Brunico takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the KidScreen Connect Services are between you and the advertiser, and you agree that Brunico is not liable for any loss or claim that you may have against an advertiser.
KidScreen Connect, the KidScreen Connect logo, http://connect.kidscreen.com, and other Brunico marks, graphics, logos, scripts, and sounds are trademarks of Brunico. None of the Brunico trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is Brunico's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Brunico's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any creative work displayed on any Brunico site, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE KIDSCREEN CONNECT SERVICES, YOU AGREE THAT USE OF THE KIDSCREEN CONNECT SERVICES IS AT YOUR OWN RISK. THE KIDSCREEN CONNECT SERVICES, INCLUDING THE KIDSCREEN CONNECT SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRUNICO DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE KIDSCREEN CONNECT SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL BRUNICO OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "BRUNICO PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE KIDSCREEN CONNECT SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE BRUNICO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR US$50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE KIDSCREEN CONNECT SERVICE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BRUNICO PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE KIDSCREEN CONNECT SERVICES. BRUNICO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the KidScreen Connect Services, including through a link, infringes your copyright, you should notify Brunico of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Brunico receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Brunico's Copyright Agent at email@example.com . You may also contact us by mail or facsimile at:
Attention: Copyright Agent
366 Adelaide Street West, Suite 100
Toronto, Ontario M5V 1R9
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the KidScreen Connect Services that is reasonably sufficient to enable Brunico to identify and locate the material; (d) how Brunico can contact you, such as your address, telephone number, and email address; (e) 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 (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.
Brunico has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the KidScreen Connect Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Canada or the country in which you reside.