11. USER-SUBMITTED INFORMATION
The Services do not provide a public platform for users to publish or
distribute user-generated content to other users. If you submit information to
us through account registration, customer support, contact forms, feedback,
or similar functions, you represent that the information you provide is
accurate and that you have the right to provide it.
Information you submit to us is handled in accordance with our Privacy Policy.
You should not submit sensitive personal information through a public or
unsecured channel unless the Services specifically request it.
12. USER-SUBMITTED INFORMATION AND PRIVACY
Your use of the Services is also subject to our
Privacy Policy
and Cookie Policy,
each of which is incorporated into these Legal Terms by reference.
The Privacy Policy describes our collection, use, disclosure, retention, and
other processing of personal information. To the extent there is a conflict
between these Legal Terms and the Privacy Policy regarding the processing of
personal information, the Privacy Policy will control with respect to that
processing.
You are responsible for providing accurate information, keeping your account
information current, and using the Services in accordance with applicable
privacy and data-protection laws. Nothing in these Legal Terms gives us a right
to use personal information in a manner inconsistent with the Privacy Policy.
13. APP STORE AND GOOGLE PLAY TERMS
If you obtain the App through the Apple App Store or Google Play, your use of
the App is also subject to the applicable platform's terms and policies.
Apple App Store. If you download the App through Apple's App
Store, Apple is not responsible for the App, its content, maintenance,
support, warranties, or claims relating to it, except as required by
applicable law. Apple is a third-party beneficiary of these Legal Terms with
respect to the App Store version of the App and may enforce these terms against
you to the extent permitted by applicable law. Your use of the App must also
comply with Apple's applicable usage rules.
Google Play. If you download the App through Google Play,
Google is not responsible for the App, its content, maintenance, support,
warranties, or claims relating to it, except as required by applicable law.
Your use of the App must also comply with Google's applicable usage rules and
Google Play terms.
App Store Purchases. Where subscriptions or other purchases
are made through Apple or Google, billing, payment processing, cancellation,
and certain refund matters may be governed by the applicable app store's
terms and systems. You should review the terms of the platform through which
you made the purchase.
14. THIRD-PARTY WEBSITES, YOUTUBE, AND CONTENT
The Services may contain, display, retrieve, or provide access to websites,
applications, services, information, media, and content supplied by third
parties. These third-party services and content are not controlled by us, and
we do not guarantee their availability, accuracy, completeness, suitability,
quality, or continued operation.
YouTube. Safe Kids Videos uses YouTube and related YouTube
services to provide access to video content selected or configured by parents
or guardians. YouTube is a separate third-party service. We do not own,
control, or guarantee the availability of YouTube or any particular video,
channel, creator, metadata, thumbnail, title, description, or other content
made available through YouTube.
YouTube content may change, be removed, become unavailable, be age-restricted,
be region-restricted, or otherwise become inaccessible after a parent or
guardian has selected or approved it. Changes to YouTube's services, APIs,
policies, technology, or availability may also affect the functionality of
the App.
We do not guarantee that content made available through YouTube will remain
appropriate, available, accurately categorized, or consistent with a parent's
expectations. Parents and guardians are responsible for reviewing and
determining what content is appropriate for their children and for complying
with any applicable third-party terms.
Your use of YouTube through or in connection with the App may also be subject
to Google's and YouTube's applicable terms, policies, and privacy practices.
You should review those policies before using third-party services.
Links to or integrations with third-party websites or services do not
constitute our endorsement of them. Your interactions with third-party
services are solely between you and the applicable third party, except to the
extent otherwise required by applicable law.
This App uses YouTube API Services. By accessing or using the App, you agree to be bound by the YouTube Terms of Service, available at https://www.youtube.com/t/terms. Google's collection and use of data are governed by the Google Privacy Policy, available at https://policies.google.com/privacy. The App accesses only publicly available YouTube video and channel information through the YouTube Data API and does not access, request, or store your YouTube account credentials.
15. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.iubenda.com/privacy-policy/47656621. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
18. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We may suspend
or terminate your access to the Services, your account, or the App license
if you violate these Legal Terms, applicable law, or if we reasonably believe
that suspension or termination is necessary to protect the Services, users,
third parties, or our business.
We may also discontinue an account or access where reasonably necessary to
address security, fraud, abuse, technical, legal, or operational concerns.
If your access is terminated or suspended, you must stop using the App and
Services and may not attempt to circumvent the suspension or create another
account to evade it.
Termination does not affect provisions that by their nature should survive,
including intellectual-property provisions, disclaimers, limitations of
liability, indemnification, dispute-resolution provisions, and other
provisions intended to survive termination.
19. MODIFICATIONS AND INTERRUPTIONS
We may change, modify, add, remove, suspend, or discontinue any part of the
Services or App at any time, subject to applicable law. This may include
changes to features, content sources, account functions, child profiles,
screen-time controls, schedules, PIN protection, integrations, or other
functionality.
We cannot guarantee that the Services or any particular feature will be
available continuously or without interruption. Hardware, software,
maintenance, security issues, Internet connectivity, device limitations,
operating-system changes, third-party service changes, and other circumstances
may cause interruptions, delays, errors, or reduced functionality.
Because the App depends in part on third-party services, including YouTube and
related APIs, changes or interruptions to those services may affect what
content or functionality is available through the App.
Nothing in these Legal Terms obligates us to maintain or support a particular
feature, content source, operating system, device, or third-party integration
indefinitely.
20. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Queens, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Queens, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES AND APP ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
YOUR USE OF THE SERVICES AND APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICES OR APP WILL BE UNINTERRUPTED, ERROR-FREE,
SECURE, COMPLETE, CURRENT, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS,
OR THAT ANY DEFECTS WILL BE CORRECTED.
NO GUARANTEE OF COMPLETE CHILD SAFETY. SAFE KIDS VIDEOS IS A
PARENTAL-CONTROL TOOL AND IS NOT A GUARANTEE THAT A CHILD WILL NEVER ACCESS,
VIEW, OR ENCOUNTER INAPPROPRIATE, OBJECTIONABLE, MISLEADING, OR HARMFUL
CONTENT. WE DO NOT GUARANTEE THAT FILTERING, CURATION, SCREEN-TIME LIMITS,
SCHEDULES, PIN PROTECTION, OR OTHER PARENTAL-CONTROL FEATURES WILL ALWAYS
OPERATE WITHOUT ERROR OR INTERRUPTION.
THIRD-PARTY CONTENT AND YOUTUBE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR YOUTUBE OR OTHER THIRD-PARTY SERVICES,
OR FOR THE CONTENT, ACCURACY, AVAILABILITY, SUITABILITY, OR CONTINUED ACCESS
TO ANY PARTICULAR VIDEO, CHANNEL, CREATOR, OR OTHER THIRD-PARTY CONTENT.
THIRD-PARTY CONTENT MAY CHANGE OR BECOME UNAVAILABLE WITHOUT NOTICE.
PARENTAL RESPONSIBILITY. PARENTS AND LEGAL GUARDIANS REMAIN
RESPONSIBLE FOR DETERMINING WHETHER THE APP AND ANY CONTENT MADE AVAILABLE
THROUGH IT ARE APPROPRIATE FOR THEIR CHILDREN, FOR CONFIGURING THE APP
APPROPRIATELY, FOR PROTECTING THEIR ACCOUNT AND PIN, AND FOR PROVIDING
SUPERVISION APPROPRIATE TO THE CHILD'S AGE AND CIRCUMSTANCES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOSS,
DAMAGE, OR INJURY RESULTING FROM YOUR FAILURE TO PROTECT YOUR ACCOUNT,
PASSWORD, PIN, DEVICE, OR OTHER ACCESS CREDENTIALS, OR FROM A CHILD'S
UNAUTHORIZED OR UNSUPERVISED USE OF THE APP.
WE ALSO DISCLAIM RESPONSIBILITY FOR THIRD-PARTY PRODUCTS OR SERVICES,
THIRD-PARTY WEBSITES, AND OTHER CONTENT ACCESSED THROUGH OR IN CONNECTION
WITH THE SERVICES, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE
DISCLAIMED.
24. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST
REVENUE, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING FROM OR RELATED
TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR APP, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES ARISING
FROM OR RELATED TO: (1) FAILURE OR IMPERFECTION OF PARENTAL-CONTROL FEATURES;
(2) A CHILD'S ACCESS TO CONTENT THAT A PARENT OR GUARDIAN CONSIDERS
INAPPROPRIATE; (3) FAILURE OF A PIN, SCREEN-TIME LIMIT, SCHEDULE, FILTER,
OR OTHER CONTROL TO OPERATE AS EXPECTED; (4) CHANGES TO OR INTERRUPTIONS OF
YOUTUBE OR OTHER THIRD-PARTY SERVICES; (5) REMOVAL, RESTRICTION, OR
UNAVAILABILITY OF THIRD-PARTY CONTENT; (6) DEVICE, OPERATING-SYSTEM, OR
INTERNET-CONNECTIVITY PROBLEMS; OR (7) UNAUTHORIZED ACCESS RESULTING FROM
FAILURE TO PROTECT ACCOUNT CREDENTIALS, PINS, OR DEVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL,
TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US FOR THE SERVICES DURING THE PERIOD SPECIFIED IN THESE LEGAL TERMS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Cedar Frame Technologies LLC and
its subsidiaries, affiliates, officers, agents, partners, employees,
licensors, and service providers from and against any loss, damage,
liability, claim, demand, or expense, including reasonable attorneys' fees,
arising out of or related to: (1) your use of the Services or App; (2) your
breach of these Legal Terms; (3) your violation of applicable law; (4) your
violation of the rights of a third party; (5) your misuse of the App or any
third-party service; or (6) your failure, as a parent or legal guardian, to
properly configure, secure, or supervise use of the App.
We reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you
agree to cooperate with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding when required
by applicable law.
26. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. SMS TEXT MESSAGING
Program Description
By opting into any Safe Kids Videos text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Safe Kids Videos text messages may include: account alerts, marketing communications, order updates, appointment reminders, responses to inquiries and special offers.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out. After this, you will no longer receive SMS messages from us. If you want to join again, please sign up as you did the first time and we will start sending SMS messages to you again.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, contact your wireless provider.
Support
29. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
30. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
31. PRIVACY, DATA, AND CHILDREN'S INFORMATION
Your use of the Services is subject to our
Privacy Policy
and Cookie Policy.
These policies are incorporated into these Legal Terms by reference and
provide additional information about our handling of personal information
and cookies or similar technologies.
Parent or Guardian Account Holder. The Services are intended
to be purchased, configured, and managed by adults, including parents and
legal guardians. If you create an account, configure a child profile, or
otherwise use the Services for a child, you represent that you are the child's
parent or legal guardian, or that you have appropriate authority to do so.
Responsibility for Child Profiles. You are responsible for
the information you provide or enter into child profiles, for configuring the
Services appropriately for each child, for maintaining the confidentiality of
your account credentials and PIN, and for supervising use of the Services as
appropriate. You are also responsible for obtaining any permissions or
consents that applicable law requires before allowing a child to use the
Services.
Children's Information. We recognize that laws and
regulations concerning children's privacy and online safety may apply to the
Services. We intend to operate the Services in accordance with applicable
laws and may limit, restrict, modify, or disable features, information
collection, or account functionality when we believe it is necessary or
appropriate to comply with applicable legal requirements.
Third-Party Processing. The Services may rely on third-party
providers and services, including Firebase and YouTube-related services. The
Privacy Policy provides additional information about applicable data
processing and third-party services. Your use of third-party services may
also be subject to their separate terms and privacy policies.
Privacy Requests. Requests concerning personal information
should be made using the privacy/contact mechanisms described in our Privacy
Policy or by contacting us at
[email protected].
Nothing in these Legal Terms is intended to reduce or eliminate any privacy
or data-protection right that cannot lawfully be waived.
32. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Cedar Frame Technologies LLC
3208 Dwight Ave
Far Rockaway, NY 11691
United States
Phone: +1-516-646-1956