Last updated on May 30, 2023 (the “Effective Date”).
Welcome to Kids.Radio! These terms of use (the “Terms”) are between KIDS.RADIO INC, a California corporation, d/b/a “Kids.Radio”, and its related companies (collectively, “Kids.Radio”, “we”, “us”, or “our”) and you. These Terms govern your use of the website, www.kids.radio (the “Site”), all related services, and any other services we provide in connection with the Site (collectively, the “Services”). Please read these Terms carefully because they constitute a binding legal agreement between you and us.
ACCEPTANCE OF TERMS.
By accessing or using the Services in any way, (a) you represent that you have read and understood these Terms, and (b) you agree to be bound by these Terms. If you do not agree with these Terms, then please do not use the Services. You should print or otherwise save a copy of these Terms for your records.ELIGIBILITY; PARENTAL PARTICIPATION.
To access, use, and/or register for the Services you must (a) be eighteen (18) years of age or older, or if you are a minor (e.g., under the age of eighteen (18)), you must have your parent or legal guardian consent to these Terms, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also represent and warrant that any registration information that you submit to us is accurate, true, and complete, and that you will keep it that way at all times. If you need help understanding this document, you should ask a parent or guardian to read it and talk with you about it.CHILDREN’S ONLINE PRIVACY PROTECTION ACT.
This policy, and the Privacy Policy (attached and incorporated herein), are in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”). The Privacy Policy outlines our practices in the United States regarding children’s personal information. For more information about COPPA and general tips about protecting children’s online privacy, please visit Federal Trade Commission Consumer Advice (https://consumer.ftc.gov/articles/protecting-your-childs-privacy-online).CHANGES TO THE TERMS.
We may change these Terms and/or the Privacy Policy at any time. If we make any changes, we will change the Effective Date above, and where appropriate, may notify you via e-mail or announcement on the Site. You understand and agree that by using the Services after the Terms are changed, that your continued use of the Services constitutes your acceptance of the Terms and Privacy Policy as revised. We encourage you to check the Terms and Privacy Policy before using the Site each time.ACCOUNT REGISTRATION.
You must register and create an account with us in order to use most of the Services. When you register to use the Services, you will be required to provide certain information (e.g. (a) email address, (b) a password for your account, (c) first and last name, (d) date of birth, (e) gender, and/or (f) city and state or zip code).YOUR LOGIN INFORMATION.
You agree to (a) maintain the confidentiality and security of your login information, and (b) remain responsible for all uses of your login information, and all activity emanating from your account, whether or not such activity was authorized by you. If your login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us promptly in writing, and should change your password at the earliest possible opportunity. Kids.Radio shall not be liable in any way whatsoever for any loss that you may incur as a result of someone else using your login information or account, either with or without your knowledge. However, you could be liable to us for losses incurred by us or another party due to someone else using your account. You may not use anyone else’s account at any time.TYPES OF ACCOUNTS.
We currently offer three (3) types of accounts: (a) Free; (b) Lite; and (c) Premium.THE SERVICES.
Kids.Radio provides a kids-oriented, audio-focused experience, centered around music, audiobooks, and podcasts and includes internet radio, on-demand streaming services, creator chat, event information, and more.CHANGING THE SERVICES.
We may modify, suspend, or stop the Services, in whole or part, either temporarily or permanently, at any time, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification or cessation of the Services. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Services, or any part thereof, now or in the future. Any new services and features will be subject to these Terms, as well as any additional terms of use that we may release for those specific services or features.“AS IS” NOTICE.
You understand and acknowledge that the Services are being provided and are made available on an “AS IS” basis. The Services may contain errors or inaccuracies that could cause failures, corruption, or loss of your information. We strongly encourage you to back-up all data and information on your devices prior to using the Services in any way. YOU ASSUME ALL RISKS AND COSTS WHATSOEVER ASSOCIATED WITH YOUR USE OF THE SERVICES. Additionally, we are not obligated to provide any maintenance, technical, or other support for the Services.FEEDBACK.
As part of using the Services, we may provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Services. You agree that in the absence of a separate written agreement to the contrary, we will be free to use any feedback you provide for any purpose without any compensation to you.FEES.
Access to certain features for the following types of accounts may require payment from you to us: Lite and Premium. All fees shall be clearly set forth on the Site prior to you registering for an account.CHANGES TO FEES.
We reserve the right, in our sole discretion, to modify the fees and/or institute additional charges for use of the Services. In such a case, we will notify you of the fees involved and you will not be charged without your prior consent.DEBIT OR CREDIT CARD PAYMENT.
If you elect to register for a paid account, you agree to pay to us the displayed rate in exchange for receiving the Services for the elected type of account. You agree that all fees or charges (including any taxes and late fees, as applicable) associated with your account shall be made via debit or credit card. You hereby authorize Kids.Radio to charge and/or place a hold on your debit or credit card with respect to any charges for Services. You authorize the issuer of the debit or credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the debit or credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the debit or credit card to pay all such amounts. You authorize Kids.Radio and/or any other company who bills products or services, or acts as billing agent for Kids.Radio to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your debit or credit card until such amounts are paid in full. You agree to provide Kids.Radio with updated debit or credit card information upon Kids.Radio’s request and/or any time the information you previously provided is no longer valid. You acknowledge and agree that neither Kids.Radio nor any Kids.Radio affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your debit or credit card. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. Your debit or credit card information will be stored in your account with Kids.Radio.TAXES.
You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the Services.RENEWAL POLICY.
You agree and acknowledge that an account will automatically renew for the same period in such account, unless (a) we are notified otherwise by you prior to that renewal, or (b) if all of the Services are cancelled, terminated, or discontinued by us. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of renewal.CANCELLATION.
As described below in the termination section, you can cancel your account at any time. Your cancellation will become effective immediately following the date we receive your notification. If you cancel your paid account prior to its expiration, you agree to the below refund policy.REFUND POLICY.
All payments to us are nonrefundable.OUR PROPRIETARY RIGHTS.
You agree and acknowledge that Kids.Radio and/or our licensors own all legal right, title, and interest in and to the Services, and any related software, including any content we provide to you as a part of and/or in connection with the Services, including all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist (collectively, the “Software”). You further agree and acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Using the Software does not give you any rights of ownership in them.LICENSE TO USE THE SERVICES.
Subject to your strict compliance with these Terms, we grant you a limited, personal, nonexclusive, revocable, and nontransferable license to use the Software as we provide to you as part of the Services.LIMITATIONS ON USE.
USER-GENERATED CONTENT.
OWNERSHIP OF USER CONTENT.
User Content is owned solely by the person or entity from whom such User Content originated. We do not claim any ownership rights in your User Content.LICENSE FROM YOU.
BACKUP YOUR USER CONTENT.
You agree that you are responsible for backing up, to your own computer or other device, all your own User Content that you store or access via the Services. We do not guarantee or warrant that any User Content you may store or access through the Services will not be subject to inadvertent damage, corruption, or loss.ACCESS TO YOUR ACCOUNT AND USER CONTENT.
Without limiting the foregoing, you agree and acknowledge that we may access, use, preserve, and/or disclose your User Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request, (b) enforce these Terms, including investigation of any potential violation, (c) detect, prevent, or otherwise address security, fraud, or technical issues, or (d) protect the rights, property, or safety of us, our users, or the public as required or permitted by law.REMOVAL OF USER CONTENT.
REPEAT INFRINGERS.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your User Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates these Terms, we may send you a written warning to this effect. Any user that receives more than two (2) of these warnings is liable to have their access to the Services terminated immediately.PROHIBITED CONDUCT.
You agree that you will NOT use the Services to do any of the following (the “Prohibited Conduct”):FLAGGING AND REPORTING VIOLATIONS.
ENFORCEMENT.
You agree to comply with the above conditions, and acknowledge and agree that we have the right, in our sole discretion, to suspend and/or terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms. Without limiting any other rights or remedies of us under these Terms, we reserve the right to investigate any situation that appears to involve any of the above Prohibited Conduct, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. We reserve the right, in our sole discretion, to determine whether your conduct is Prohibited Conduct.COPYRIGHT.
We respect the rights of copyright owners. For details on our copyright policy, please click here: Copyright Policy (attached and incorporated herein).TRADEMARKS.
All Kids.Radio trademarks, service marks, trade names, logos, graphics, and domain names used in connection with the Services are trademarks or registered trademarks of Kids.Radio in the United States and/or other countries. Any other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are not granted any right or license to use any of the above trademarks, whether for commercial or non-commercial use, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Services. If you believe that any of your trademarks have been infringed by anyone using the Services, please contact us at: info@kids.radio.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) ANY DEFECTS OR ERRORS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS, KIDS.RADIO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE THE SERVICES, (b) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF ANY OF THE SERVICES, (c) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA, (d) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR USER CONTENT OR DATA ON OR THROUGH THE SERVICES, (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICES; AND (f) ANY OTHER MATTERS WHATSOEVER RELATING TO THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in these Terms removes or limits our liability for fraud, fraudulent misrepresentation, personal injury, or death caused by our negligence.
ENTIRE AGREEMENT.
These Terms, together with the Copyright Policy and Privacy Policy contain the entire understanding between you and us regarding your use of the Services, and supersedes all prior agreements, representations, and understandings between you and us relating to the subject matter hereof.SEVERABILITY.
If any provision of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms will be severable and remain in effect.WAIVER.
Any failure by us to enforce your strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms.CHOICE OF LAW.
The validity, construction, and performance of these Terms shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws provisions.MANDATORY ARBITRATION.
If a dispute arises out of or relating to any aspect of these Terms, all of the parties agree to try and settle the dispute quickly and fairly through discussion. If the dispute cannot be settled through discussion, all parties agree to first try in good faith to settle the dispute by private mediation before resorting to arbitration. If a dispute cannot be resolved with either discussion or mediation, then the dispute shall be submitted for binding arbitration to ADR Services, Inc. in San Diego County, California under ADR Services’ arbitration rules. In the event that ADR Services no longer exists, Kids.Radio shall select another arbitration service in San Diego County to conduct the binding arbitration under such services’ rules. In any arbitration or litigation under these Terms, the prevailing party shall be entitled to recover from the other party all costs the prevailing party reasonably incurs in such arbitration or litigation, including without limitation, reasonable attorneys’ fees. You and Kids.Radio thus KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION IN CONNECTION WITH THESE TERMS. FURTHER, YOU AND KIDS.RADIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING.ASSIGNMENT.
We shall have the right to assign or delegate any of our rights or obligations of these Terms, in whole or in part, at any time, with or without prior notice to you. You may not assign these Terms in any way. All obligations contained in these Terms shall extend to and be binding upon the parties’ respective successors, assigns, and designees.NO THIRD PARTY BENEFICIARIES.
Except as otherwise expressly provided in these Terms, you agree that there shall be no third-party beneficiaries to these Terms.LANGUAGE; TRANSLATIONS.
Any translation of these Terms is done for local requirements. In the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern.STATUTE OF LIMITATIONS.
You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or is forever barred.CLAUSE HEADINGS.
Headings within these Terms are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer.