TERMS AND CONDITIONS
These Terms and Conditions shall apply to your use of the website
located at www.babytv.com and its related channels (BabyTV Site). By
using the BabyTV Site You agree to be bound by the terms and conditions
set out below. If You do not wish to be bound by these terms and
conditions, You should not use the BabyTV Site. We may change these
Terms and Conditions from time to time and so you should check these
regularly. Your use of the BabyTV Site will be deemed an acceptance of
the terms existing at that time. As part of Our commitment to ensuring
the BabyTV Site is one You want to visit time and time again We welcome
your comments on any of the policies or rules set out below. To contact
Us please use the
Contact Us page on the BabyTV Site.
1. Definitions "You" means you, the user of the BabyTV Site and "Your"
shall be interpreted accordingly. "We/Us" means BabyTV Limited of Unit
3.4, Shepherds Studios Central, Charecroft Way, Shepherds Bush, London
TW14 0EE and "Our" shall be interpreted accordingly. "BabyTV Site"
shall have the meaning as set out above. "User Information" means the
personal details, which may be provided by You to Us via the BabyTV
Site. "Users" means the users of the BabyTV Site collectively and/or
individually as the context admits. "Website" means a site on the World
Wide Web.
2. Acceptable Use You agree that any use by You of the BabyTV Site
shall be in accordance with the following conditions: 2.1 You will not
post or transmit through the BabyTV Site any defamatory, threatening,
obscene, harmful, pornographic or otherwise illegal material or
material which would violate or infringe in any way upon our rights or
those of others (including intellectual property rights, rights of
confidentiality, or rights of privacy) or cause distress or
inconvenience. You must not express opinions that are vulgar, crude,
sexist, racist or otherwise offensive. Always treat other Users with
respect. 2.2 You will not post or otherwise make available on the Baby
TV Site any material, which You do not own without the express
permission of the owner of the material. 2.3 You will not copy,
download, reproduce, republish, frame, broadcast, transmit in any
manner whatsoever, any material on the Baby TV Site except as is
strictly necessary for Your own personal non-commercial home use. 2.4
You will abide by the specific rules of any competition or promotion
that You participate in on or via the Baby TV Site. Unless we tell you
otherwise, all prize draws and competitions offered via the Baby TV
Site are not open to people resident outside the United Kingdom. 2.5
You will not do anything that affects the operability or security of
the BabyTV Site or causes unreasonable inconvenience or offence or
disruption to our staff. 2.6 If you post photographs of a child under
the age of 16 years, then you must be the legal guardian or parent of
that child. You must not post any photographs of a child that is not
yours. 2.6 You cannot download photographs or images of children
posted on the BabyTV Website that are not your children. If you wish
to receive copies of photographs of your child that have been posted to
the BabyTV Website, then please email us at info@babytvchannel.com
3. Third Party Websites 3.1 You acknowledge and agree that We are not
responsible for the availability of any third party Websites or
material You access through the Baby TV Site. 3.2 We do not endorse and
shall not be held responsible or liable for any content, advertising,
products or services on or available from such Websites or material.
3.3 Any dealings between You and any third party advertisers or
merchants found on or via the Baby TV Site, including payment for and
delivery of products, services and any other terms, conditions,
warranties or representations associated with such dealings, are made
between You and the relevant advertiser or merchant. Therefore, We are
not responsible or liable for any loss or damage of any kind incurred
as the result of any such dealings.
4. Intellectual Property 4.1 All copyright, trade marks and all other
intellectual property rights in all material or content supplied as
part of the BabyTV Site shall remain at all times vested in Us or Our
licensors. You are permitted to use this material or content only as
expressly authorised in writing by Us or Our licensors. You will not,
and You will not assist or facilitate any third party to, copy,
reproduce, transmit, distribute, frame, commercially exploit or create
derivative works of such material or content. 4.2 If You become aware
of any such distribution or commercial exploitation, You agree to
notify Us at the address above or through our ‘contact us’ button
located at [insert details]. 4.3 You acknowledge that by posting
materials on the Baby TV Site You grant to Us and Our licensors and
assigns an irrevocable, perpetual, royalty free, worldwide licence to
use the materials within the Baby TV Site. Should we wish to use your
material in any other way, we will contact you unless we expressly
advise you at the time that you provide such material. The licence
extends to copying, adapting and editing the materials for use on the
Baby TV Website.
5. Liability for and information provided on the Baby TV Site 5.1
Material which is posted on any bulletin boards or otherwise is written
by Users and We are not responsible for and do not endorse such
material. We reserve the right to monitor the contributions made and
may respond to or comment upon communications made by You and edit,
refuse to post, or remove any content from the bulletin boards in our
absolute discretion. No failure to remove particular material
constitutes an endorsement or acceptance of it by Us. 5.2 We will not
be held responsible or liable for the content, accuracy, timing or
reliability of any information or statements contained within the Baby
TV Site, or for statements, advice and/or opinions made or given by
Users on the bulletin boards (except as required by law). If You have
any claim arising from the actions or statements of another User, You
agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavour to provide the Baby TV Site using all reasonable
care. Except as required by law, We will not be responsible or liable
for the quality, accuracy or fitness for a particular purpose of the
BabyTV Site and do not promise that the material contained in the
BabyTV Site, or any of the functions contained in the Baby TV Site or
its server will operate without interruption or delay or will be error
free, free of viruses or bugs or is compatible with any other software
or material. 5.4 We will be liable for any fraudulent
misrepresentations We make and for any death or personal injury caused
by Our negligence. We will not be responsible or liable to You for any
other loss or damage that You or any third party may suffer as a result
of using or in connection with Your use of the BabyTV Site.
6. Privacy 6.1 We shall comply with all applicable UK data protection
legislation from time to time in place in respect of any personal
information relating to You gathered by Us. 6.2 You may be asked to
input information about yourself on different pages of the BabyTV Site.
We will not use the information You provide to Us for any purpose that
is not set out in Our Privacy Policy, other than as stated at each
location where such information is requested. 6.3 BabyTV merchandises
products. You may be able to purchase BabyTV products from third party
Websites. You may be able to access such third party Websites from
links found on the BabyTV Site. Where You purchase goods from third
party Websites, section 3 of these terms and conditions will apply. 6.4
Please use the Feedback form on the BabyTV Site to notify Us of any
changes to the information You have previously given or if You wish to
withdraw Your consent to Our using Your User Information for the stated
purposes or for any form of promotional contact. 6.5 In this Section 6
We means Baby TV Limited and any company which (i) is controlled by
BabyTV Limited or (ii) which controls BabyTV Limited and for this
purpose "Control" means the power of a person to secure that the
affairs of another are conducted in accordance with its wishes and
Controlled shall be construed accordingly.
7. Safety We give Our ongoing commitment to ensuring through Our policy
of safety that You can use the BabyTV Site with confidence. When using
the BabyTV Site, in particular any bulletin boards, You should always
take the following precautions: 7.1 keep Your identity private. Do not
give out Your full name, postal address, telephone number, e-mail
address, the name of Your or your child’s school or any other
information (other than that specifically requested by Us), that could
help someone discover Your actual identity; 7.2 never meet with someone
You meet online. 7.3 do not reply to any messages that are hostile,
rude or inappropriate, or in any way make You feel uncomfortable.
8. Indemnity If you are a business User, You agree to indemnify Us,
and/or any of Our affiliates and Our and their officers, directors and
employees, immediately on demand, against all claims, liability,
damages, costs and expenses, including legal fees, arising out of any
breach of these terms and conditions by You or any other liabilities
arising out of Your use of the BabyTV Site.
9. Termination We reserve the right immediately to terminate Your use
of the BabyTV Site if You breach or We have reasonable grounds to
believe that You are likely to breach these terms and conditions or You
otherwise engage in conduct which We determine in Our sole discretion
to be unacceptable.
10. Feedback Should You wish to make any comments to Us about the
BabyTV Site or if You have any questions relating to the same please
contact Us at the
Contact Us page on the BabyTV Site.
BabyTV Clip/Series
By entering this promotion and by uploading the image (Image) of your
child (Child) to the BabyTV website (www.babytv.com) and incorporating
the Image into a BabyTV video clip (Video), you hereby agree to the
following terms and conditions.
- You warrant that you are the legal parent or guardian of
the Child and you agree that you and your Child will be bound by these
terms and conditions.
- You consent to BabyTV’s use of the Image and the use of the Image in the Video.
- You
grant to BabyTV a worldwide, perpetual, royalty free right and licence
(Licence) to use the Image and the Image contained in the Video in all
forms of media including on the BabyTV Channel.
- You agree
that no payments are due to you or the Child and you will not make any
request for remuneration of any kind in connection with BabyTV’s use of
the Image.
- You warrant that the Image (including all
copyright therein) is owned or licensed by you and the use by BabyTV of
the Image and the Image contained in the Video will not infringe the
rights of any third party.
- You acknowledge that the intellectual property contained in the Video is the sole property of BabyTV.
- You
hereby indemnify BabyTV, its affiliates and their respective directors,
officers, employees, assigns or customers in respect of all actions,
proceedings, claims, damages, expenses or liabilities whatsoever which
may be made or brought against or suffered or incurred by BabyTV in
consequence of breach of any of the warranties, undertakings or
obligations herein contained.
- You hereby release BabyTV,
its affiliates and their respective directors, officers, employees,
assigns or customers from any claim, action or demand arising out of or
in connection with BabyTV’s use of the Image.
- You
acknowledge and agree that BabyTV may assign the Licence and the
benefit of the warranties, indemnities and undertakings given by you
here to any other person in its sole discretion.
- These
terms and conditions constitute the entire agreement and understanding
between you and BabyTV with respect to the use of the Image and the
Video.
- These terms and conditions shall be governed by
the laws of England and Wales and the English courts shall have
exclusive jurisdiction.
© 2009 BabyTV Ltd All Rights Reserved
Baby TV is the trading name of Baby Network Limited (Registration No.
05378355). Baby TV is the trademark of Baby Network Limited and is
used under licence. Baby Network Limited is incorporated in England
and Wales with registered number 05378355 and its registered office is
5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire WD6 IJD.”
