Terms of Service
Last modified on June 14, 2011.
Welcome to PBS KIDS PLAY!SM (the "Service"), a PBS service operated by Tribal Nova. This document sets forth the terms and conditions governing your use of the Service (collectively, the "Terms and Conditions"). In order to use the Service, you must agree to the Terms and Conditions. By signing in and using the Service, you specifically agree to abide by the Terms and Conditions and any modifications thereto. Also note: YOU MUST BE 18 YEARS OF AGE OR OLDER TO CREATE A PBS KIDS PLAY! ACCOUNT.
The Service may require you to register an account before use. Should you choose to register for the Service, you agree to provide accurate and current information about yourself and to promptly update such information as necessary in order to ensure that it is accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Service, and (b) all activities that occur under such password or account. Further, you agree to notify PBS of any unauthorized use of your password or account.
The Service is available for home use (up to four children per account) on a monthly, semi-annual, or annual subscription basis. If you subscribe, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. PBS reserves the right to modify its pricing at any time (except for recurring charges). Unless otherwise stated, subscription services will automatically renew for the same time period and the same price until you cancel your subscription. You will continue to have access to PBS KIDS PLAY! until the end of the billing period. You will not receive a pro-rated refund.
The Service is available for classroom or group use (greater than four children) with purchase of an annual subscription to the Classroom Edition. This Edition is intended for professional educators, PreK and K-12 schools, and licensed childcare providers. Each group of students (up to 30 per group) requires the purchase of one (1) subscription license. For this purpose, a “group” may be a class, after-school program, or similar group that is moderated by a teacher or caregiver. If you subscribe, you hereby agree on behalf of your organization to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. PBS reserves the right to modify its pricing at any time. Classroom Edition subscriptions will NOT auto-renew. If you cancel, you will continue to have access to PBS KIDS PLAY! until the end of the billing period. You will not receive a pro-rated refund.
Free Trial Accounts.
From time to time, free trial accounts may be made available to first-time customers of the Service. These may not be combined with any other offer. Only one free trial may be redeemed per household or institution. Upon registering for your free trial, you will be authorized for a time-limited period of service. You will not be charged for the free trial. Your trial account may entitle you, during the term of your free trial, to the same Service provided to subscribers or a lower level of service, at PBS' sole discretion. To cancel your trial, you may simply allow the trial period to expire. PBS WILL NOT BILL YOU UNLESS YOU SUBSCRIBE.
The Service allows you to optionally download and install the PBS KIDS PLAY! software application (the "Software"), which includes KidStudioTM, a software program licensed by PBS from Tribal Nova, Inc. of Montreal, Canada. By installing the Software, you agree that neither PBS nor Tribal Nova shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of the Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software are owned by PBS or Tribal Nova. The Software is licensed to you for the term of your subscription to the Service and not sold to you. Your right to use the Software is limited, personal, non-transferable, and non-exclusive. You may install and use the Software on any number of computers, but you must use a valid PBS KIDS PLAY! account to access the Software.
Use of the Software is further subject to the following restrictions:
- You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
- You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
- You may not rent, lease, or sublicense the Software, create derivative works based on the Software, or otherwise commercially exploit the Software.
User's Obligation to Abide By Applicable Law.
In connection with the use of the Service, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Service includes intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
No License; Intellectual Property of PBS and Other Parties.
Except as expressly provided, nothing herein or within the Service shall be construed as conferring any license under any of PBS's or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Service, including without limitation the Software, is protected by copyright, trademark, patent, or other proprietary rights of PBS, its affiliates, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of the Terms of Service, including, without limitations, full and strict compliance with all of the following limitations: you undertake, acknowledge and agree that you shall not, and shall not allow any other third party, to (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a "Notice") from the Service; (b) make a use of the Service for any purpose other than the purpose for which such intellectual property is made available to you through the Service; (c) modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of any software, applications or programs used in connection with the Service; or (d) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software, applications or programs used in connection with the Service.
Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through the Service any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). PBS has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Service is at your own risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of PBS may, in the course of their regular duties, have access to communications for technical or operational purposes. PBS may also disclose any communications to the extent permitted or required by law.
Content of Information.
You are responsible for the content of any information you post to the Service. PBS has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the Service. PBS reserves the right to review any information that is or becomes available on the Service. PBS reserves the right to remove any information that is, in PBS's sole discretion, unacceptable, undesirable or in violation of these rules. However, PBS has no obligation to exercise such reservation of rights by PBS.
Disclaimer of Warranties.
THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PBS NOR ITS LICENSORS OR ITS MEMBER STATIONS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PBS, ITS LICENSORS OR ITS MEMBER STATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST PBS, PBS LICENSORS AND/OR PBS MEMBER STATIONS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, PBS AND THE MEMBER STATIONS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
You acknowledge and agree that PBS reserves the right at any time to modify or discontinue the Service with or without notice to you, and that PBS will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
You acknowledge and agree that PBS, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Service, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where PBS believes that you have violated any of the Terms and Conditions. You further agree that PBS shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of PBS in operating the Service, your sole and exclusive remedy is to discontinue using the Service. Any amounts payable for the Service shall be payable in advance and PBS shall not be required to refund to you any amounts prepaid for use of any Services and shall neither be required to refund to you any amounts charged to you subsequent to termination for the billing period during which services were rendered.
PBS KIDS® and PBS KIDS PLAY!SM are trademarks of PBS. All product, brand and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the express written consent of PBS or the owner of the mark, as appropriate, is strictly prohibited.
All information and content contained on, or made available over, the Service are: Copyright © 2008 Public Broadcasting Service, and/or its licensors. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and PBS.
You acknowledge that the Service is restricted for use in the United States of America and its territories.
The Terms and Conditions constitute the entire agreement between PBS and you pertaining to your use of the Service and supersede any prior agreements between you and PBS. PBS's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA and the federal laws of the United States of America applicable therein. You agree that any dispute in connection with the Service shall be the sole and exclusive jurisdiction of the courts of the Commonwealth of Virginia and you irrevocably agree to the jurisdiction of such courts. Any action in connection with the Service shall be brought in the Commonwealth of Virginia.
In connection with the Service you may receive hardware or software devices as part of a promotion or other marketing event in connection with the Service (each a "Promotional Item"). A Promotional Item provided to you is provided as a courtesy only in connection with your purchase of the Service. The Promotional Item is provided on an "as is" and "as available" basis. The Promotional Item is for personal use only and cannot be resold. Under no circumstances will PBS, including its affiliates or third-party suppliers, be responsible or liable for any damages whatsoever, including direct, indirect, special or consequential damages, that may arise out of or in connection with (i) the provision of a Promotional Item, (ii) the use of, inability to use or performance of a Promotional Item, or (iii) the design, manufacture, operation or malfunction of the Promotional Item. Use of a Promotional Item is subject to the manufacturer terms and conditions, including minimum systems requirements. Additional hardware and/or software may be required in order to use a Promotional Item. Customer service and support is not provided for a Promotional Item.
Modifications to the TERMS And Conditions
The Terms and Conditions are subject to change from time to time, and your continued use of the Service is conditioned upon your acceptance of any modifications hereto.
If you have any questions or concerns regarding this Agreement, please email firstname.lastname@example.org. You may also mail us at the Public Broadcasting Service, 2100 Crystal Drive, Arlington, VA 22202, ATTN: PBS KIDS PLAY.