10th December 2007
These Terms of Use: These Terms of Use set out important information regarding your rights, obligations and the restrictions that may apply when you use our online services (which may include streamed audio visual content, text, photographs, forums, advertising, classifieds and other services) ("Services") at the website
www.babytv.com (the "Channel"). We recommend that you read them carefully before using the Services.
These Terms of Use govern the relationship between you and Baby TV when you access and use our Services. Any reference to "you" or "your", means you as user of the Channel and Services, any reference to "we", "us", "our" or "Baby TV" is to Baby Network Ltd. For our contact details please see the end of these Terms of Use.
By accessing and continuing to use the Services, you agree to be legally bound by these Terms of Use. Please note that we may update and amend these Terms of Use from time to time and any changes will be posted on the Channel. However, it is your responsibility to ensure you review these Terms of Use regularly to familiarise yourself with any changes. We will not file or store a copy of these terms for each interaction on transaction by you via the Channel. We therefore recommend that you print and store or save a copy of these Terms of Use for future reference. If you do not agree with any of our Terms of Use then you should not use our Services.
You may be asked to agree to further terms and conditions when using specific Services for example entering competitions promoted by us or our partners on the Channel, message boards, submitting materials, subscriptions, or purchasing content or other goods via the Channel. If there is any inconsistency between these Terms of Use and any such terms and conditions, the latter terms and conditions shall prevail.
Your Rights and Promises: In accessing Baby TV and the material or content made available by us via the channel, you agree that you do so only for your own personal, non-commercial use.
You agree to use these Services only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of these Services by, any third party.
You agree to comply with these Terms of Use when using our Services and all applicable laws and regulations, together with any specific usage rules that may be posted on the Channel in relation to any material and content that you access via the Services.
Restrictions on Use of Services: The contents of the Services, webpages, computer codes of elements comprising the Channel and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.
You agree that you will not use the Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.
You will not do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or to penetrate or attempt to penetrate the Channel security measures.
You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Services in breach of these Terms of Use or from your violation of any applicable law or regulation.
You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make
.
You accept that you are able stop using the Services at any time. We reserve the right to suspend, restrict or terminate your access to any, or all, Services at any time at our sole discretion.
We may also ban or suspend you as a user of the Services if you do not comply with these Terms of Use.
Online Player Service: By subscribing to the Online Player Service (the “Player Service”), you agree to pay the relevant monthly subscription charge in order to access and use the Player Service.
We reserve the right to suspend, restrict or terminate your access to the Player Service at any time at our sole discretion, including in the event of any failure to pay any subscription charges. You will not be liable to pay any relevant subscription charges during the period of any such suspension or restriction and in the event of any such termination, no further monthly subscription charges will be payable by you.
If you wish to cancel your subscription to the Player Service at any time, please write “unsubscribe” together with your user name and password details and send to the following email address:
player@babytvchannel.com. If you notify us that you wish to cancel your subscription at least five (5) working days before the date that your next monthly subscription charge is due, you will not be charged any further monthly subscription charges. However, in the event that you notify us that you wish to cancel your subscription less than five (5) working days before the date that your next monthly subscription is due, you may be charged the next relevant monthly subscription charge.
In the event that you experience any technical problems with the Player Service, please notify us immediately at the following email address:
player@babytvchannel.com. If the problem cannot be rectified within three (3) working days, we will reimburse you the relevant monthly subscription charge relating to the calendar month when the technical problem occurred.
In the event that you have any payment queries, please notify us immediately at the following email address:
player@babytvchannel.com.
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Piracy: Certain of our Services use security technology to protect the material and content made available on our Services. You may not attempt to or to assist any other person to remove or otherwise alter or interfere with any security technology used in connection with the Services, nor may you permit or assist in any way any third party to use the material or content made available by Baby TV via the Services in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party.
Intellectual Property: All intellectual property rights in this Channel and all material or content made available by Baby TV via the Services (excluding any Submissions by users (in respect of which see below)) shall remain at all times the property of Baby TV.
The names, images and logos identifying us, companies in the Fox Group, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without express permission.
Nothing contained in these Terms of Use shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of Baby TV or of any third party.
Registration: You may be required to register your details for certain Services and open a user account that you can then use to access and log on to use those Services (including in order to make a Submission). You may change or update your user name and password or other details at any time via your account. You promise that all information and details provided are true, accurate and up to date in all respects and at all times.
It is your sole responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your user name and password. We will not be liable where your password is used by someone else. You should notify us immediately of any unauthorised use of your password and any breach of security as soon as you become aware of it.
Safety: We advise that you never reveal via the Services any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our Services.
Links To Other Websites and Services: This Channel may contain links to other third party wesbites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party websites or services and are not responsible for their contents. We do not endorse the material contained in their wesbite or services, and have no association with their operators. You agree that we won't be party to any transaction or contract with a third party that you may enter into and we won't be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree that you will not involve Baby TV in any dispute you may have with such third party websites and services.
Our Legal Obligations and Limits On Liability: Nothing in these Terms of Use will:
- restrict your statutory rights
- limit our liability for death or personal injury resulting from our negligence or for fraud.
These Terms of Use shall not make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these Terms of Use (which occurs automatically when you access and continue to use the Services), including where the damage or loss results from our breach of these Terms of Use;
We do not accept liability for any damage or loss caused to you where you are not entering into these Terms of Use as a consumer.
We do not guarantee which Services will be on the Channel. All Services on the Channel are provided on an 'as is' and 'as available' basis. We do not give any guarantee to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs contained in or accessed through this Channel. We do not guarantee or endorse any content posted on the Channel by users.
We do not accept any liability for damage to your computer or for any loss of data that results from your use of the Services and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features or for any problems or inadequacies with your computer, software, email system, internet facilities, or equipment.
We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. The Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Services is discontinued, modified or changed in any way.
We shall not be liable for any failure, any suspension or any termination of access to the Services or any content in connection with or arising out of a force majeure event. In these Terms of Use, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.
We have no liability in connection with any claims brought against you by a third party except as stated in these Terms of Use.
Nothing in these Terms of Use affects your statutory rights as a consumer.
Law and Jurisdiction: These Terms of Use are available in English only and shall be governed by and construed in accordance with the laws of England. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of The UK
General: These Terms of Use were last updated on 10th December 2007.
Contact Details: You can email us with any questions, queries or complaints at the following email addresses.
info@babytvchannel.com
