S4K Thank you for visiting our web sites at safety4kids.com and seemoresplayhouse.com, or separately as the Safety4Kids™ Web Site, and the SeeMore’s Playhouse™ Web Site, as well as and including the content provided in our IOS and Android mobile Apps, hereinafter referred to by us together as the “Sites.” Both Sites, including all content, trademarks and copyrights are owned and operated exclusively by S4K MEDIA, LLC (S4KMedia) whose mission is to provide children with entertaining and educational songs, clips and full episodes of SeeMore’s Playhouse™ to help teach a wide range of safety and health lessons in an engaging and fun manner. We offer the Sites to you (referred to as “you” or “user”) and your children, as applicable, under the Terms of Use described below. Consideration: You acknowledge and agree that your access to and use of the Sites, the Site Content and the services provided through the Sites, including the mobile Apps, are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement. In order to use the Websites and Apps, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms on your behalf. By using and accessing the Sites, you, on your own behalf and on behalf of your children, are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and S4KMedia. If you do not agree to these terms, please discontinue your access to and use of the Sites or Apps immediately. By using the Sites, you agree to the following rules: Use of materials related to SeeMore’s Playhouse™ episodes on our Sites is authorized for Kids and their Parents. You may play with and use the material on our Sites, but you may not sell, copy, upload, post, or distribute any of the Safety4Kids™ or SeeMore’s Playhouse™ content without getting permission from us first. S4KMedia may change these rules at any time. If we do, we will post the new rules here. Web Site Release of Liability: S4KMedia does not in any way promise that defects in its video, songs, safety tips, products or informational materials on the Safety4Kids™ Web Site or the SeeMore’s Playhouse™ Web Site will be corrected or that the Sites are free of viruses or problems. S4KMedia is not responsible for any harm that comes to you or your property (for example, your computer) from your use of the Sites. S4KMedia may provide links and pointers to other Web sites. S4KMedia is not responsible in any way for the content that appears on sites that we point or link to. Indemnification: You agree to indemnify and hold harmless S4KMedia, and its and their respective affiliates, directors, officers, employees, agents and subcontractors from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Sites in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Sites or your violation of law or breach of the terms of this Agreement. S4KMedia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by S4KMedia. S4KMedia does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Sites or any of the Site Content. S4KMedia is not liable for any errors, omissions, or inaccurate Site Content on the Sites.
THE SITES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. S4KMEDIA DOES NOT WARRANT THAT THE SITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. S4KMEDIA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. S4KMEDIA MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL S4KMEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL S4KMEDIA BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL S4KMEDIA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES.
