Generally, we do not release personal information without your consent. However we may release personal information in any of the following circumstances:
(a) if required by law;
(b) in order to provide the service you have requested, for example, if you are a subscriber to Epic Kids Songs™, we will need to disclose your personal information to third parties in order to bill and deliver your products or services;
(c) if we suspect your use of any of Epic Kids Songs™ is in breach of any of the relevant Terms and Conditions of use;
(d) in the case of an emergency or in exceptional circumstances, Epic Kids Songs™ may at his or her discretion authorize the release of the personal information, including in order to protect our intellectual property and other rights.
We may collect information about you in the following circumstances:
(a) when you visit any of the Epic Kids Songs ™ websites, we may make a record of your visit and log your visit for statistical and business purposes. Such information includes your server address, domain name, IP address, the date and time of your visit, pages accessed, downloads, previous sites visited and the type of browser used;
(b) when you register to access any of the Epic Kids Songs™ services or products, you may be asked to enter certain information (including your name, address and your email address);
(c) when you subscribe to any the services provided by Epic Kids Songs™ or purchase any products from our websites, we or our providers will collect details that you enter (eg your name, address, email and credit card / billing information) so that we can process your subscription or your order;
(d) if you send us an email message we will record your email address and such other details that are necessary to respond to any requests contained in your email.
Our primary concern is to protect the interests of the children who are our audience and for this reason we may monitor visitors to our website. We will not collect personal information that would be unlawful, unnecessary or unrelated to our activities or business.
4. MAILING LISTS
When you register to access or become a member of an Epic Kids Songs™ website, you may be prompted for your email address. You will be informed when you register that by submitting your email address, you consent to receiving communications by email from time to time. We maintain a mailing list for the purpose of communicating updates and our products to members of the mailing list. If you wish to unsubscribe from such mailing lists, you may unsubscribe at any time by clicking on the unsubscribe button which appears at the bottom of our emails.
We will not use your email address for any other purpose (including adding it to any third party mailing list) without your express approval.
Cookies are small files of information that save and retrieve information about your visit to our site. If you do not wish information to be gathered on a cookie it is possible to disable the acceptance of cookies by your web browser. In some circumstances this may mean that you will not be able to take full advantage of some parts of Epic Kids Songs™ websites.
If this site uses a cookie to deliver contents we think will interest you, the cookie may also be used for authentication.
If the Epic Kids Songs™ website contains a link to another site(s), we are not responsible for the privacy practices or the content of such other sites, including sites selling Epic Kids Songs™ products.
7. SOCIAL MEDIA MESSAGING, MESSAGE BOARDS AND FORUMS
The Epic Kids Songs™ websites may contain interactive features such as Facebook messaging, Twitter posts, message boards and forums. Whenever you post personal information in publicly accessible places such as Facebook, Twitter, message boards and forums on the Internet, this information becomes available to anyone with access to the Internet. This information can be collected and used by others, including to send you unsolicited communications. Therefore, we recommend that you use your discretion and exercise caution when providing your personal information on Facebook, Twitter, message boards and forums. We accept no liability for any material or links posted on any Facebook post, Twitter post, message boards or forums on Epic Kids Songs™ Websites.
We respect the privacy of individuals and will take all reasonable steps to keep your personal information secure. Our contractors and service providers are also obliged to respect the confidentiality of your personal information.
Our contractors who process payments made for subscriptions and other services purchased through Epic Kids Songs™ websites use Secure Sockets Layer (SSL) software which encrypts information your input. Please ensure you also help protect against unauthorized access to your personal information and passwords by logging out after you have finished using any part of the Epic Kids Songs™ websites.
Despite the foregoing, we will not be held responsible for the consequences of unauthorized access to your personal information. If you use the Internet to send us personal information, it is sent entirely at your own risk.
© 2014-2015 Epic Kids Songs™
All material included on this website is the copyright of Epic Kids Songs™ or as otherwise expressly identified. Any further reproduction or distribution is prohibited. The material on this website may only be downloaded or otherwise reproduced for your personal use, not commercial use.
You are not prohibited from communicating to the public for non-commercial purposes, any of the images, videos or other recordings on this website without Epic Kids Songs™. For commercial purposes, you must receive Epic Kids Songs written consent.
By using any part of the Epic Kids Songs website located at www.EpicKidsSongs.com and www.BabySongs.Productions (‘the Site’), you agree to be bound by these Terms and Conditions (‘the Agreement’). This applies regardless of whether you have registered to access the Site, hold a subscription to the Site, or if you are simply surfing or browsing the Site. This Agreement constitutes a binding agreement between you and Epic Kids Songs (‘us’ or ‘we’). We may modify these Terms and Conditions from time to time and will publish the modified Terms and Conditions on the Site. We recommend that you review this page from time to time to note any changes. Your continued use of the Site constitutes your acceptance of the modified Terms and Conditions.
2. SubscriptionsMany parts, functions and activities of the Site (‘Subscriber Sections’) will only be accessible if you subscribe to Epic Kids Songs. You may choose to subscribe to Epic Kids Songs by completing the ‘Subscribe’ registration process. You may not access Subscriber Sections if you are not a Subscriber. You may nominate which type of subscription you wish to hold from the options outlined on the Subscription Page and you authorize us to bill your nominated credit card, or withdraw funds via electronic transfer via Paypal (depending on your method of payment) in accordance with the subscription you have chosen. If you opt for a month-by-month subscription and are required to pay the monthly subscription fee in advance for each month, you authorize us to automatically bill your nominated credit card, or withdraw funds via electronic transfer via Paypal (depending on your method of payment), monthly in advance for the duration of your nominated subscription period, commencing on the date you register for a subscription. If you opt for a six month or annual subscription, you must pay the total subscription fee for the period upon registration. We are not responsible for any bank fees charged to you by your bank or financial institution, including any fees levied in the event of a declined payment or fees for foreign currency exchange. We recommend that you contact your banking institution about any applicable fees and charges. The subscription fee will be published on the Site. We reserve the right to vary the subscription fee, or provide special promotional offers for subscriptions (‘Promotions’), at our discretion. Any variation to the subscription fee will be published on the Site. Variations to the subscription fee and Promotions will not affect any existing Subscriptions prior to expiry. If you wish to renew a Subscription, the subscription fee published on the Site at the time of renewal will apply. The subscription fee is payable by Visa or Mastercard or by using PayPal. If paying by Paypal, you must ensure that you have a PayPal account before registering to become a member. The subscription fee for USA subscribers is inclusive of Goods and Services Tax. All payments are non-refundable. You agree to promptly notify us of any errors or discrepancies in relation to billing that appear on your account statement.
The Site is for your private, non-commercial and individual use only. Unauthorized linking to the Site, or the extracting of frames from the Site for publishing in any third party medium, is prohibited. You may only register to access the Site or become a subscriber for yourself and/or on behalf of your child/children. You may not create a false identity in order to access the Site and you agree to provide and maintain information that is accurate and up-to-date, including, without limitation, up to date and accurate billing information if you are a Subscriber. You agree that if you elect to register or become a subscriber to the Site, you will be automatically added to the Epic Kids Songs mailing list and may receive communications from time to time via the email address provided. Only one person is permitted to use a Login Name and password. You must not give your Login Name and/or password to any other person, or use another person’s Login Name and password. You are responsible for keeping your Login Name and password secure and confidential. You agree to notify us if you suspect any unauthorised use of your Login Name or account information. You are solely responsible for all use of your Login Name and password. Certain areas of the Site are only accessible to parents and guardians of child-users of the Site (‘Parent Sections’). Parents and Guardians are responsible for keeping their Login Name and password secure from their children, and to ensure that their children do not access the Parent Sections.
5. Renewals and Cancellation
Your annual subscription will expire at the end of the nominated subscription period for which you have registered. You may renew your subscription at any point prior to its expiry, for the subscription fee published on the Site on the date of renewal. If you do not renew your subscription before expiration and your subscription expires, you will need to register for a subscription again. We may (but are not obliged to) send you a reminder via email that your subscription is due to lapse. You are not entitled to terminate your annual subscription before the end of the subscription period for which you have subscribed. If you have registered for an annual subscription, you may not terminate before the expiration of the 12 month period. Without limitation to the foregoing, you are not entitled to a refund of any subscription fees properly billed to your account.
We reserve the right to cancel your access or subscription at any time in our sole discretion, by notice to you to the email address supplied on registration. Unless we cancel your access because you breached this Agreement, if you hold a subscription, you will be entitled to a refund of that part of any subscription fee already billed that you will not be able to use due to the cancellation.
All right, title and interest (including copyright) in the material included on the Site (including literary, dramatic and musical works, sound recordings, films, trademarks and logos) (‘the Content’) remains the property of us. You must not copy, rearrange, vary, adapt, communicate, distribute or publish any of the Content. If the Site allows you to download any of the Content (including without limitation, pictures to color in, etc.) such Content is licensed to you for your personal, non-commercial use only. The provision of any of the Content to you does not transfer to you any propriety right, title or interest in such Content.
7. User-Submitted Content
From time to time you may submit messages, ideas, text, concepts, suggestions, stories or pitches, images, photographs or video footage to us via the Site (‘User-Submitted Content’). You warrant that any User-Submitted Content supplied by you will not be defamatory, obscene or infringe the rights of any third party. You warrant that you have the full right, power and authority to submit the User-Submitted Content and no further permissions or consents are required for you to submit the User-Submitted Content. You also warrant you have the full right, power and authority to grant the rights in the User-Submitted Content and any use of the User-Submitted Content by us (including our licensees and assignees) will not constitute any breach, infringement or violation of any rights of any third party, including passing off, unfair competition, misleading or deceptive conduct, a breach of confidence or an invasion of privacy.Any User-Submitted Content submitted to the Site will belong to us. In consideration for the access to the Site provided by us to you, you hereby assign to us all right, title and interest (including our successors, assigns, licensees and designees) in any User-Submitted Content posted by you to the Site, throughout the universe in any and all formats and mediums in perpetuity without expectation of compensation or acknowledgement.You agree that, if the User-Submitted Content is chosen for inclusion or published on the Site, that we (including our successors, assigns, licensees and designees) shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to edit, modify, add to, subtract from, combine with other material, display, reproduce, exhibit, make derivative works of, and otherwise exploit the User-Submitted Content (or any part thereof), for the Site, without further payment, consideration, attribution, notice or consent.We may (but are not obliged to) monitor any User-Submitted Content and reserve the right to decline to publish any User-Submitted Content. You agree not to post or submit any material that is illegal or prohibited or any material that will contravene or violate the rights of any third party. You may not use the Site to advertise any product or service without our prior written permission. We do not warrant the accuracy of any information or suggestions supplied in the User-Submitted Content and do not endorse any User-Submitted Content. You acknowledge that your use and reliance of any information on the Site is at your own risk.
8. Accessing the Site via other Devices
You may access the site via any computer technology including wireless devices and mobile phones. This Agreement applies to the access of the Site via any medium. Accessing the site via some devices may be subject to other third party fees (for example mobile phone carrier fees). You agree that you are solely responsible for the payment of any such third party fees.
To the extent permitted by applicable laws, you hereby release us from all claims, actions, suits and proceedings regarding the Site, any Content on the Site or any material and services otherwise related to or linked to the Site including (a) any incorrect or inaccurate Content or material published on the Site or linked to the Site including any User-generated Content; (b) the conduct of any user or subscriber of the Site; (c) any loss or damage caused by any material on the Site; (d) any theft, destruction or unauthorised access to or alteration of the Site or member communications; (e) any loss in connection to the Site, including technical malfunctions.
To the extent permitted by law, we (and our suppliers and licensors) expressly disclaim any and all representations, warranties and conditions of any kind or nature, whether express or implied, including, without limitation, representations, warranties and conditions regarding performance, merchantability, fitness for a particular purpose, title, accuracy and non-infringement. To the extent permitted by law, we make no representation or warranty: (a) regarding any specific results, developments or outcomes from the use of the Site; (b) that the Site may always be accessed on an interrupted basis; (c) that any information on the Site will be accurate or reliable; (d) that the Site and material on the Site is free of viruses, security risks or other harmful components. We do not assume any obligation to monitor the activities of users, subscribers or any third parties accessing or conducting any activity involving the Site.
Games and other activities on the Site may incorporate skills which relate to cognitive, emotional, social and physical development. We do not make any representations regarding the child’s development as a result of using the Site, including for the avoidance of doubt, that a child using the Site will further their cognitive, physical or social development. The reports are not to be taken as medical advice and are not to be used as such.
12. Limitation on Liability
To the extent permitted under applicable laws, we (and our suppliers and licensors) shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages (including loss of profits and personal injury) arising from (a) your use of the Site (including excessive use or use over an extended period of time); (b) your inability to use the Site; and/or (c) the conduct or actions of any other member or user of the Site, even if we have been advised of the possibility of such damages. In all events, the total liability to you for all damages, losses and causes of action, whether in contract, tort, negligence or otherwise, shall be the greater of $100 and the total of all subscription fees paid by you. For the avoidance of doubt, it is your responsibility to monitor your and/or your child’s use of the Site and to ensure that such use is not excessive. We disclaim any liability for any physical or mental injury arising out of excessive use of the Site and/or the Internet. Nothing in this Agreement is intended to exclude, modify or restrict any right that you may have under applicable legislation.
13. Governing Law
This agreement shall be governed by the laws of California, USA.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site other than in accordance with this Agreement.
15. Entire agreement
This Agreement constitutes the entire agreement between you and us in relation to the Site. In the event of provision or part of this Agreement being invalid, illegal, unlawful or otherwise incapable of enforcement, that provision or part of this Agreement shall be deemed to be severed from this Agreement and to be of no force and effect. All other provisions and parts of provisions shall nevertheless prevail and shall remain in full force and effect and no provision or part of a provision shall be construed to be dependent on any other provision or part of a provision unless stated in this Agreement.