Terms & Conditions
We, Entertainthekids.com Limited of 12 Brookwater Close, Halifax, West Yorkshire HX3 0QR. ("Entertainthekids"), are willing to grant you, the subscriber, access to our online children's activities database (the "Service") on condition that you accept all of the terms of this subscriber agreement (the "Agreement"). Entertainthekids offers a monthly or yearly subscription service that enables subscribers to access information and planning tools including, but not limited to: colouring sheets, activity sheets, song sheets etc ("printables"). This is a licence, not a sale. As a paying subscriber, you are granted a non-exclusive, non-transferable limited licence to access the printables, and to reproduce and store portions of their contents for your personal, noncommercial use, all according to the terms and conditions of this Agreement.
Due to the nature of the Service and the proprietary character of the information and materials, for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (as amended)("the Regulations"), you agree that your right to cancel the Agreement begins when you agree to proceed as provided above, and ends when we send you an email to confirm your account has been activated ie when performance of the Agreement is commenced by us. For the purposes of the Regulations and the information which we are required to provide to you will be required to indicate when proceeding the length of your subscription and the fee accordingly payable. You will be sent an email confirming this information should you proceed.
You May
- Access the sheets and activities and information available under your current subscription;
- Download and store printables onto your hard drive or other storage device for your use only for as long as that material remains available under your current subscription, whereafter any content copied from Entertainthekids must be deleted or destroyed once the material is no longer in your subscription or you no longer have a subscription;
- Reproduce printables under your current subscription solely for use with the children directly in your care. If you care for children in more than one location you must purchase a separate membership for each location.
You Agree
- That the printables and information are protected by copyrights, trademarks, and other proprietary rights and that these rights are valid and protected in all forms, media, technologies, existing now or hereinafter developed;
- not to modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the printables and information, in whole or in part, except as instructed on this website or as provided in this Agreement;
- not to assign your rights under this Agreement; you will not share your password or membership privileges with anyone else. Membership is licensed to an individual and sharing member privileges is cause for termination of membership and forfeit of all fees paid;
- your membership is valid on one computer only, resulting in login of only one IP address appearing in our system;
- to notify the Service of any known or suspected unauthorized use(s) of your subscription to the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
Use of Material Supplied by You
By contributing information, ideas, artwork or articles; posting messages; uploading files; inputting data; or engaging in any other form of communication through Entertainthekids, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sub-license any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
Cancellation Terms
- Entertainthekids individual accounts are billed on an annual cycle, on the same date of the calendar month in which the membership was purchased. For example, if your membership is purchased on the 15th day of the fifth month, you will be billed each year on the 15th of the fifth month. Users are responsible for payment of the account billing upon the billing date. Account cancellation after the billing date will not result in a refund. Entertainthekids does not offer refunds for unused service.
- Membership may be cancelled by giving 7 days notice to info@entertainthekids.com. No partial annual refunds will be granted.
- Entertainthekids may, at its sole discretion, terminate or suspend your access to all or part of the Service for cause, including, without limitation, breach or assignment of this Agreement. Upon termination, for any reason, the licence granted above shall terminate, and you shall immediately cease using the Service and delete all content residing on any hard drive or other storage device.
Additional Terms
- This Agreement supersedes all other agreements, warranties or representations with regard to your use of the Service. We may amend the terms of this Agreement from time to time by posting such amendments on the Website." YOUR CONTINUED SUBSCRIPTION TO THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF THIS AGREEMENT WILL INDICATE YOUR ACCEPTANCE TO THESE CHANGES.
- Performance of the website may be subject to delay and interruption due to causes beyond its control, such as acts of God, power failure, terrorism, earthquakes, fire, equipment failure and the like.
- This Agreement shall be governed by and construed in accordance with English law and the Courts of England shall have exclusive jurisdiction in respect of any dispute.
- The Service and its contents are provided "as is" without warranties of any kind, either express or implied, including, without limitation, accuracy, omissions, completeness or delays, or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that your use of the service is entirely at your own risk.
- Entertainthekids shall not be liable to you for any loss not reasonably foreseeable by it when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Your sole remedy shall be limited to the return of the fees actually paid by you to Entertainthekids for the current subscription year, and those fees shall be the maximum liability of Entertainthekids hereunder. Entertainthekids shall also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control. Nothing in this Agreement limits the liability of Entertainthekids for death or personal injury resulting from its negligence, or any other liability which may not by law be excluded. Any statutory rights which you may have as a consumer remain unaffected.
- You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Service.
- You acknowledge that Entertainthekids has not reviewed and does not endorse the content of all sites to which the Service is linked and is not responsible for the content or actions of any such other sites. Your accessing any such site is entirely at your own risk.
- Under no circumstances may any of the Entertainthekids webpages be displayed within a frame on another website. We are very strict about this policy and will take legal action against any website that displays any of the pages of the Entertainthekids website within a frame on another website. All materials on the Entertainthekids web pages are copyrighted. They may not be added to any other server without written permission from entertainthekids.com.
- We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Entertainthekids assign or dispose of this Agreement.
- This Agreement, together with our privacy policy contain the whole of the agreement between Entertainthekids and you concerning the Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
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