Terms & Conditions
1. About Us
2. Using the Sites and Apps
2.1 There is currently no charge for your use of the Sites or to download or use the Apps or any services offered through the Sites and Apps. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for anything on the Sites or Apps. 2.2 As part of these Terms, we are granting to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Apps on your device for your own personal, non-commercial entertainment. If you breach any part of these Terms, this licence and your authorisation to use the Apps will automatically and immediately terminate and you must immediately stop using the Apps. 2.3 You agree that we can make any changes to the Sites and Apps that we want to and that we can stop making the Sites and Apps available or limit access to them at any time. We do not have to tell you before we do this. 2.4 Anything that you may need to be able to access the Sites or Apps, such as computers, mobile devices or internet access, is your responsibility and we don’t have to provide any of this equipment for you. You are also responsible for ensuring that no person uses your equipment to access the Sites and Apps without Your Adult’s permission. We will be entitled to assume that anyone who accesses the Sites or Apps using your equipment has Your Adult’s permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons while using your equipment. 2.5 You must not attack the Sites or Apps with any nasty viruses or other things that might be harmful to the Sites, Apps or any of our users. You must also not reverse engineer, decompile, disassemble or otherwise attempt to obtain the Apps’ source codes. Any hackers or other trouble makers may be reported to law enforcement authorities.
3. Competitions and Games
4. Uploading content to the sites and apps
4.1 The Sites and Apps may allow users to upload stuff including pictures, videos, artwork and messages (we call this “User Generated Content”). 4.2 Before you can upload User Generated Content to any Sites or Apps you are required to get Your Adult’s permission. For some User Generated Content, e.g. photos, this may involve us emailing Your Adults to verify that they are happy for that content to be added to the Site or App and you agree that we may do this. Other User Generated Content will also be subject to additional terms and rules, for example photo submissions for our Birthday Gallery will be subject to the Birthday Gallery Rules. You will be asked to accept these before you can upload User Generated Content. 4.3 You must not submit or upload any content to the Sites or Apps: (a) that is confidential, untrue and hurtful, infringing, obscene, offensive, racist, indecent, threatening or is otherwise unlawful or objectionable; (b) that you do not own or do not have the permission of the owner or any other relevant person who may have rights in or connected to the content you are uploading; (c) that includes any personal information about you or other people; or (d) if uploading it to the Site or App would infringe the intellectual property rights or any other rights of another person. 4.4 As between you and us you will own any content or material (“Your Content”) you upload to the Sites or Apps or request to be uploaded. You agree that we have the right to copy, distribute, adapt and use Your Content for any purpose or otherwise make it available to the public and that these rights will last forever and apply anywhere in the world. You also agree that we have the right to delete Your Content from the Sites and Apps and that we are unable to send out or return any copies of Your Content to you. 4.5 The views expressed by other users on the Sites or Apps do not represent our views or values. You are responsible for Your Content so please be sensible about what you post. 4.6 You also agree that we can disclose your identity to any third party who is claiming that any content posted or uploaded by you to any Site or App violates their intellectual property rights, their right to privacy, or any other legal rights.
5. Moderation, notice and takedown procedures
5.1 We may moderate all User Generated Content on the Sites and Apps before it is posted although we do not have to do this and you are still responsible for ensuring you do not post any unsuitable content to any of the Sites or Apps. 5.2 If you become aware that other users of the Sites or Apps have posted content which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of the Terms please notify us by contacting us at firstname.lastname@example.org. 5.3 We may remove Your Content from any Site or App or refuse to post or upload Your Content from any Site or App at any time, for any reason and without telling you beforehand in our sole discretion. 5.4 For the avoidance of doubt any decision we make in connection with the removal of any content from any Site or App is final and we do not owe you any obligations in relation to our decisions about removing content. 5.5 If you want to have Your Content removed from any Site or App at any time, please contact us by email at email@example.com.
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in the Sites and Apps and in any content, material, products or services available on them. 6.2 You must not use any content from the Sites or Apps for commercial purposes without our permission. 6.3 If you copy or use any part of the Sites or Apps or the content, products or services made available through it in breach of the Terms, you will no longer have permission to use the Sites and Apps and, in addition to any other rights we may have, we can require you to return or destroy any copies of the materials you have made.
7. Data protection and privacy
8. Links to and from the Sites and Apps
8.1 You may link to any page of the Sites and Apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Sites or Apps in any website or application that is not owned by you. 8.2 You agree that we can withdraw linking permission to any of our Sites and Apps at any time and we do not have to tell you about this before we do so. 8.3 Our Sites and Apps may also contain links to other websites and resources provided by third parties. This may include some of the games or video content available on our Sites and Apps. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway. In addition, use of any third party websites and resources may be subject to you accepting additional terms and conditions, which we suggest you read carefully before proceeding.
9.1 We will try to use reasonable care and skill in making the Sites and Apps available to you. 9.2 Except as expressly provided in these Terms, the Sites and Apps and any products or services provided through them are provided on an "as is" basis. This means we are not responsible for any faults or problems with the Sites or Apps. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Sites or Apps or any content, products or services provided through them including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement. 9.3 The content on the Sites and Apps is provided for general information only. It is not intended to amount to advice on which you should rely. You are advised to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Sites or Apps. Although we make reasonable efforts to update the information on the Sites and Apps, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites and Apps is accurate, complete or up-to-date. 9.4 We do not guarantee that the Sites and Apps will always be available, be uninterrupted, secure or free from bugs or viruses, or that the Sites and Apps or any products, services or content provided through them will be free from errors or omissions. 9.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties. 9.6 Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
10. Limitation of our liability
10.1 Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. 10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Sites or Apps or any content on them, or services provided through them, whether express or implied. 10.3 We will not be liable to you or any other user of the Sites or Apps for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Sites or Apps or any products or services provided through them including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind.
11. Termination and changes to the Terms
11.1 We may change the Terms that apply to the Sites and Apps at any time. If we do this we will update the page where these Terms are available and your continued use of the relevant Site(s) and App(s) will be subject to the new Terms. We will tell you beforehand if we make any changes that are significantly worse for you. 11.2 We recommend that you read through the Terms available on the Sites and Apps regularly so that you can be sure that you are aware of any changes that may apply to you and what the latest rules are. 11.3 We may terminate these Terms at any time without any liability to you provided we tell you that we are doing so. We may also remove the Apps or stop providing any of the features, games or services provided on the Sites and Apps at any time for any reason. 11.4 You may stop using the Sites and the Sony Kids TV App or uninstall the Apps from your device at any time.