Terms of Use

Welcome to the Smart Kidz Radio Website (“Smart Kidz Radio”). The services we provide on our website are subject to the following terms and conditions. Each time you visit or use our services, you accept these terms and conditions. Please read them carefully.

Smart Kidz Radio is a free website that provides educational songs and stories through the Internet that are appropriate for children ages 3 – 12 years of age. We use our Internet streaming technology to bring this high-quality media to children 24/7. Kids can access the media anywhere, anytime and on any device in a safe, secure entertainment environment.

IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF USE ("Terms of Use") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SMARTKIDZ RADIO, ITS SUPPLIERS, VENDORS AND LICENSORS ("SMARTKIDZ RADIO") AND GOVERNS YOUR USE OF WWW. SMARTKIDZ RADIO.COM ("WEBSITE") AND SMARTKIDZ RADIO'S ONLINE STREAMING MUSIC SERVICE ("THE SERVICE").

BY VISITING THIS WEBSITE AND USING THE SERVICE, YOU ACKNOLWDGE AND AGREE THAT YOUR USE IS SUBJECT TO THESE TERMS OF USE.

SMARTKIDZ RADIO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO ALTER OR UPDATE THIS WEBSITE, THE SERVICE, THESE TERMS OF USE AT ANY TIME. BY CONTINUING TO VISIT THIS WEBSITE AND/OR USE THE SERVICE AFTER ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY SUBSQUENT CHANGES AND ACKNOWLEDGE THAT SMARTKIDZ RADIO WILL HAVE NO LIABLITIY TO YOU AS A RESULT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE.

Parental Advisory

IF YOU ARE UNDER THE AGES OF 13, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS.

Third Party Technology & Services

This WEBSITE and THE SERVICE contain services supplied by third party vendors such as payment and hosting services. Each vendor may have its own terms of use and privacy policy governing its products and services. Your use of this WEBSITE and THE SERVICE is subject to your acceptance of these respective terms of use and privacy policies.

License

Subject to your compliance with these Terms of Use, SMARTKIDZ RADIO grants you a limited, non-exclusive, non-transferable, non-assignable license to use THE SERVICE for personal and non-commercial use only.

Restrictions

You are expressly prohibited from engaging in (or assisting others to engage in) any action or conduct that could reasonably interfere with this WEBSITE or THE SERVICE including: (a) storing, editing, changing, preparing any derivative work of, or altering in any way any of the music streamed through THE SERVICE; (b) selling, leasing, assigning, sublicensing or otherwise transferring THE SERVICE; (c) modifying, translating, editing, reverse engineering, decompiling or disassembling this WEBSITE and/or THE SERVICE; (d) creating derivative works based upon THE SERVICE; or (e) altering, destroying or otherwise removing any proprietary notices embedded within THE SERVICE ("Prohibited Conduct").

SMARTKIDZ RADIO may, in its sole discretion, immediately suspend or terminate your access to THE SERVICE if it believes that you have, or intend to engage in any Prohibited Conduct.

Copyrights

Any and all copyrights residing on this WEBSITE and THE SERVICE attributable to SMARTKIDZ RADIO are the sole property of SMARTKIDZ RADIO. Any and all music available by THE SERVICE is used under license by SMARTKIDZ RADIO, the property of its respective owner(s), and protected by United States and international copyright laws. No underlying right, title or interest in or to any music will pass to you by virtue of using THE SERVICE.

Trademarks

SMARTKIDZ RADIO and all other related trademarks (including, without limitation, graphics, logos, page headers, button icons, scripts, and service names) displayed on or within THE SERVICE or on this WEBSITE are trademarks of SMARTKIDZ RADIO or respective licensors and are protected by U.S. and international law ("Marks"). The Marks may not be used in connection with any product or service without the owner’s express written permission and all goodwill associated with the use of such Marks will inure to the benefit of their respective owners.

Third Party Links

SMARTKIDZ RADIO may provide links to other sites over which SMARTKIDZ RADIO has no control. SMARTKIDZ RADIO is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third party websites or resources.

Copyright Complaints

SMARTKIDZ RADIO respects the intellectual property of others. If you believe content appearing on SMARTKIDZ RADIO has been used in a way that constitutes copyright infringement, please follow SMARTKIDZ RADIO Copyright Infringement Notification procedures which are incorporated into these Terms of Use by this reference.

Security

SMARTKIDZ RADIO uses commercially reasonable measures to protect unauthorized access and THE SERVICE. REGARDLESS OF THE EFFORTS SMARTKIDZ RADIO UNDERTAKES WITH RESPECT TO SECURITY OR OTHERWISE, SMARTKIDZ RADIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF SMARTKIDZ RADIO WILL BE ERROR-FREE OR SECURE.

IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

Feedback

SMARTKIDZ RADIO does not accept unsolicited feedback, suggestions or other information about this WEBSITE or THE SERVICE. If you provide comments, email suggestions or feedback, SMARTKIDZ RADIO will be free to use any of the same for any purpose, including improving its products and services and creating derivative technologies without additional compensation.

Promotions

SMARTKIDZ RADIO may run promotions which will be governed by separate set of terms and conditions. A link to these terms and conditions will be found on this WEBSITE, alongside details of the specific promotion and other opportunities. It is your responsibility to read those terms and conditions for details.

Disclaimer of Warranties

SMARTKIDZ RADIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THIS WEBSITE FOR YOUR PURPOSES, OR THAT THEY WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SERVICE AND THIS WEBISTE ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Damages; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMARTKIDZ RADIO BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICE, EVEN IF YOU HAVE ADVISED SMARTKIDZ RADIO OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR EXCLUSIVE REMEDY AND SMARTKIDZ RADIO'S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THESE TERMS OF USE, THIS WEBSITE OR THE SERVICE FOR ANY REASON WHATSOEVER WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE (1) YEAR OF THE THEN CURRENT SUBSCRIPTION FEES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON.

SMARTKIDZ RADIO WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THESE TERMS OF USE DUE TO INTERRUPTIONS, LIMITATIONS, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET RESULTS DELAYS, DELIVERY FAILURES OR ANY OTHER DAMAGES BEYOND ITS REASONABLE CONTROL.

Indemnification

You will indemnify and hold SMARTKIDZ RADIO (its officers, employees, agents, parents, subsidiaries, affiliates, licensors, business partners, vendors and suppliers) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with (a) your breach of these Terms of Use including, without limitation, the infringement by you of any third party intellectual property rights, and/or (b) your use of THE SERVICE.

Governing Law and Jurisdiction; Arbitration

These Terms of Use will be governed by and construed under the laws of the State of California without regard to conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with or otherwise relating to these Terms of Use, this WEBSITE, THE SERVICE, or any breach or alleged breach hereof ("Claim") will, upon the request of any party involved, be submitted to and settled by arbitration in or around the City of San Diego in the State of California; provided, that the following will apply in all cases: (a) there will be only one arbitrator (excluding arbitrators from JAMS) chosen by an independent third party mutually acceptable to both parties; (c) the arbitrator will mitigate all costs of the arbitration to comport with the amount in controversy; (d) the arbitration in its entirety (including discovery, preparation, hearings, motions, etc.) will not exceed a total of twenty (20) hours, and will begin and conclude within ninety (90) days of the date the party seeking arbitration of a Claim provides notice of such Claim; (e) discovery will be limited in a manner to comply with the time and budget constraints set forth in subsections (d) and (e); (f) the arbitrator will cite applicable law to support all findings of fact and conclusions of law; and (g) the prevailing party in any arbitration brought under these Terms of Use will be entitled to recover from the other party its reasonable attorney’s fees and related costs of the arbitration, which fees and costs will be included in and become part of the arbitration award. Any award rendered will be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.

Remedies

Notwithstanding any of the foregoing, you agree that monetary damages may be inadequate to compensate for the unique losses to be suffered in the event of your breach of these Terms of Use, and that SMARTKIDZ RADIO will be entitled to, in addition to any other remedy it may have under these Terms of Use or at law, injunctive relief including specific performance of the terms of these Terms of Use without the necessity of posting bond.

General

These Terms of Use constitute the complete and final agreement between you and SMARTKIDZ RADIO with respect to your use of this WEBSITE and THE SERVICE. If any provision of These Terms of Use is held invalid, illegal or unenforceable, it will be deemed reformed or omitted to the extent determined by such court and the remainder of these Terms of Use will remain valid and enforceable. SMARTKIDZ RADIO may transfer or assign these Terms of Use (its terms, conditions and obligations), this WEBSITE and THE SERVICE, in whole or in part, to any third party of its choosing. This Terms of Use will inure to the benefit of and be binding upon your respective successors and permitted assigns. Failure or delay by SMARTKIDZ RADIO in exercising any rights or remedy under these Terms of Use will not operate as a waiver of any such right or remedy now or in the future. You and SMARTKIDZ RADIO are independent parties and nothing in these Terms of Use create an employment, partnership or agent relationship.

Contact Us

If you have questions regarding these Terms of Use, please contact SMARTKIDZ RADIO at:
SMARTKIDZ RADIO
Attn: Terms of Use
Carlsbad, CA
Email: support@smartkidzradio.com