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GKIDS.TV
Terms and Conditions


Updated: February 5, 2008

Description of service
GKIDS.TV is a free, ad-supported, online indie film festival and community designed for kids and teens ages 3 to 18 and their parents. Parents must approve membership for their children under 13 years of age, and children 13 years old or older are allowed to join on their own, as per the rules of COPPA (the Children’s Online Privacy Protection Act), which GKIDS.TV adheres to. All content posted on GKIDS.TV by users is monitored and/or approved by site administrators. GKIDS.TV services include access to a curated online library of independent short films, access to schedule information and third party ticket sales merchants for weekly GKIDS In Theaters presentations, opportunities to chat online with GKIDS featured filmmakers, participation in contests, polls, uploading of video content or pictures, messages, and other services that may be offered by GKIDS.TV in the future.

Acceptance of terms
By using GKIDS.TV you agree to adhere to these terms. If you do not agree to these terms, you cannot use GKIDS.TV. GKIDS.TV reserves the right to change, modify or otherwise update these terms without notice at any time. Such changes and modifications are effective immediately upon posting them on the site. Your continued use of the site following the posting of changes or modifications will constitute your acceptance of the revised terms and conditions. Revisit this page occasionally to review the most up-to-date terms and conditions.

There may also be GKIDS.TV products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these terms and conditions.

Membership Accounts
In order to participate in the community aspects of GKIDS.TV, we require users to first register as a member. GKIDS.TV membership is free. By using our services you agree to our right to change the account structure, services offered, pricing, or any other aspect of the service at any time.

Users thirteen (13) years or older are permitted to register on their own.
Users under thirteen (13) years of age may register, however GKIDS.TV requires that a parent or guardian’s email address is provided and that said parent or guardian return a digital notification to activate the membership.
By registering or granting permission to activate a membership for your child younger than thirteen (13) years old, you represent and warrant to us that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) that you are thirteen (13) years of age or older. You are solely responsible for any and all use of your account and for keeping your registration information current and confidential, and you agree to notify us immediately if you suspect any unauthorized use of your account.

GKIDS.TV Intellectual Property
The content, arrangement and layout of GKIDS.TV, including, but not limited to, the site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, package designs, and the compilation of the foregoing ("Content") are the property of GKIDS, INC., and/or it’s subsidiaries, affiliates, assigns, licensors, or other respective owners are protected without limitation from pursuant to U.S. and foreign copyright and trademark laws.

GKIDS.TV contains artwork and company brand relating to films and digital video of films licensed for such use by their creators and distributors for such use by GKIDS and the New York International Children’s Film Festival. These company brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The artwork, company branding, and digital video displayed or found within GKIDS.TV, are either the property of GKIDS, INC., or used with permission. GKIDS, INC. may be, but is not necessarily sponsored by or affiliated with any of owners of the other company brand and product name appearing on GKIDS.TV, and it makes no representations about them, their owners, or their products and services.

GKIDS, INC. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of GKIDS. Use of GKIDS and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of GKIDS.TV, or trademarks, service marks, or trade dress found within the GKIDS.TV may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the GKIDS.TV you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on GKIDS.TV. You agree not to display or use any Content or third party content located on the GKIDS.TV in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GKIDS, INC., or its licensors, that dilutes the strength of GKIDS, INC. or its licensor’s property, or that otherwise infringes GKIDS, INC. or its licensor’s intellectual property rights.

Cancellation
You may cancel your GKIDS.TV account, or the account of your child who is younger than 13 years of age, at any time. This cancellation takes effect immediately. After a cancellation, GKIDS.TV will remove all content associated with your account.

We may also, without notice, cancel your account and delete all of the content associated with it, if we deem that you have violated the terms of this agreement, or for any other reason. GKIDS, INC. and GKIDS.TV assume no liability for any information removed from our site for violating these terms.

We reserve the right to permanently restrict access to our products and services to members who have had their accounts canceled.

Security of Screen Names and Passwords
GKIDS.TV accounts are protected by usernames and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member’s account and password. You are solely responsible for any and all use of your account.

Rules and Responsibilities
GKIDS.TV is a “play nice zone.” GKIDS.TV does not allow, and you agree not to provide, any of the following:

• Material that harms children in any way.
• Private, personal information which may identify a user, including but not limited to posting pictures, full names, email addresses, mailing addresses, or phone numbers.
• Solicitations of personal information from any member.
• Text, messages, images, or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person’s privacy.
• Junk mail, chain letters, unsolicited mass email, spam, spim, or comment spam.
• False, misleading information, or posts that promote illegal activity.
• Promotion for any products or services (whether for profit or not for profit), or solicitation others for commercial products or services of any kind.
• Impersonations of any person or misrepresent yourself or your association with any person or group.
• Any content that violates any third party’s legal rights or any domestic or international law or regulation, or content that you do not have the right to transmit under any law, contract, or fiduciary agreement.
• Files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services.
• Any activity that interferes with, disrupts, or creates an undue burden on any network services provided by GKIDS.TV.

We reserve the right to remove any material or cancel the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on GKIDS.TV that we deem may be in violation of these terms or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders.

Posted content
GKIDS, INC. does not claim ownership of content you create, upload, transmit or make available in any way on GKIDS.TV. By posting content on GKIDS.TV you grant GKIDS a non-exclusive, fully-paid, royalty-free worldwide license to copy, use, translate, modify, adapt, store, and reproduce the content for the purposes of displaying, publishing, distributing, and transmitting the content on GKIDS.TV and affiliated sites. If you remove content from GKIDS.TV, this license will be terminated. Notwithstanding the foregoing, you understand and acknowledge that you own no protectable rights in and to any data GKIDS stores on its servers or entered by you into your user account. Should your account be terminated, you will not be given back any content you uploaded to GKIDS.TV nor will you be given access to those materials.

Furthermore, you agree that you will not post any content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret, or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, modify, broadcast, or sell any content published on GKIDS.TV that was not created by you.

You acknowledge that GKIDS.TV does not pre-screen content but that GKIDS.TV and its designees have the right (but not the obligation) to remove or refuse to remove any content on GKIDS.TV. GKIDS.TV also has the right to remove any content that violates these terms. You agree to that you will be solely responsible for all risks associated with the use of this content, including the accuracy, completeness or useful of this content.

If you believe that content on GKIDS.TV infringes upon your intellectual property rights, please contact our designated agent at privacy@gkids.com or by mail at GKIDS, Inc., 295 Greenwich Street #426, New York, NY 10007. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on GKIDS.TV that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please email info@gkids.com.

Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GKIDS.TV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GKIDS.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnity
You agree to indemnify and hold GKIDS.TV and GKIDS, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Disclaimer
THE MATERIALS IN THE GKID SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY GKIDS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY GKID SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY GKIDS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any GKIDS site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any GKIDS site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Contacting us about these terms
If you have any questions about these terms or wish to report violators of these terms, contact info@gkids.com.


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