Terms of Service

Using KidsHubTV - General Information

You are free to use any KidsHubTV resource so long as it is not for profit or any other commercial purposes, the use is consistent with the KidsHubTV values, which may be found at http://www.kidshubtv.com/en/about, and your use does not contravene any applicable law or regulation.

This means you can:

  • Duplicate resources for your own use and/or the use of your leaders, children, church or group.

  • Distribute resources for your own use and/or the use of your leaders, children, church or group.

You cannot sell resources or incorporate them in any commercial offering.

If you are aware of KidsHubTV resources being sold, or have any questions please contact info@kidshubtv.com.

If you copy and/or distribute KidsHubTV resources (whether by burning, sending, duplicating or whatever means) please make reference to www.kidshubtv.com in order to let others know about the website and resources.

KidsHubTV users are able to practically participate in the KidsHubTV community by registering as KidsHubTV Producers and sharing videos they have made.

Please continue reading for more specific ‘Terms of Service’ for the KidsHubTV website.

1. Terms and Conditions for Producers

This section applies to content producers who submit work to the KidsHubTV website.

Your Agreement: Key Principles for KidsHubTV

If you decide to create your own KidsHubTV show (whether that be for distribution via broadcast, DVD or the web) you will need to agree that the resources specifically labelled “KidsHubTV” will not be used for any other program or to make a profit (other than what can be used to continue making and promoting the TV show). The following principles would also need to be agreed to:

  • KidsHubTV is open source to encourage producers anywhere to create their own local version of the TV show.
  • It is understood that in return producers would share content where applicable to be used in the KidsHub TV show produced in other countries.
  • The TV show and it’s producers would always honour Christ and encourage the value & worth of children in God’s eyes and therefore in the world’s eyes.
  • A producer would be free to use all the resources available to create the TV show with the understanding that they agree with the show’s theological basis. (See the statement of belief in the Lausanne Covenant)

Our Agreement with you:

  • Initially we would like to be involved helping you in the pilot stage of your KidsHubTV show where possible (and if wanted). This will help us keep the global format relatively consistent and means that shows in different countries can more easily share video content/segments if they have a similar look and feel.
  • We can then give creative input as needed (via email & skype).
  • We would love to receive copies of segments or videos, interviews and testimonies of how children have been involved and/or been affected by KidsHubTV.
  • After helping you initially we would then not be involved in the production but would value feedback on how you are going.

2. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the kidshubtv.com domain name, the "KidsHubTV Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF KIDSHUBTV'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.kidshubtv.com/en/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the KidsHubTV Website.

3. KidsHubTV Website

A. These Terms of Service apply to all users of the KidsHubTV Website, including users who are also contributors of any content to the Website. KidsHubTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. We encourage you to read the terms and conditions and privacy policy of each third party website that you visit.

4. Website Access

A. KidsHubTV hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for non-commercial purposes (sale or profit) (ii) you will not copy or distribute any part of the Website in any medium for any commercial purposes (sale or profit) (iii) your use is consistent with the KidsHubTV values, which may be found at http://www.kidshubtv.com/en/about, (iv) your use does not contravene any applicable law or regulation, and (v) you will otherwise comply with the terms and conditions of these Terms of Service.

This means KidsHubTV Users are able to copy and/or distribute resources for personal use and/or the use of your leaders, children, church or group.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify KidsHubTV immediately of any breach of security or unauthorized use of your account. Although KidsHubTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KidsHubTV or others due to such unauthorized use.

Please choose carefully the information you post on KidsHubTV and that you provide to other Users.

5. Intellectual Property Rights

The content on the KidsHubTV Website, except all User Contributions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to KidsHubTV, subject to copyright and other intellectual property rights as detailed under Copyright Act 1968 (Cth) (Australia) and other applicable legislation.

KidsHubTV is not responsible for the content uploaded as User Contributions.

When users contribute resources they agree:

  • To provide the resources without cost or charge;
  • That the resources may be posted on the KidsHubTV Website, reproduced, published and communicated without attribution;
  • That the resources may be downloaded, copied and duplicated by other KidsHubTV users for non-commercial purposes, free of charge;

6. User Contributions

A. The KidsHubTV Website may now or in the future permit the submission of resources (video, text, audio, graphic or other) submitted by you and other users ("User Contributions") and the hosting, sharing, and/or publishing of such User Contributions. This includes the submission of User Comments in relation to resources.

B. All User Contributions are provided without any expectation of or entitlement to payment or other compensation.

C. You shall be solely responsible for your own User Contributions and the consequences of posting or publishing them. In connection with User Contributions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize KidsHubTV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service; and (ii) where applicable, you have the written consent, release, and/or permission of each and every identifiable individual person in the User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service. By submitting the User Contributions to KidsHubTV, you hereby grant KidsHubTV an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, communicate, translate and perform the User Contributions in connection with or through the KidsHubTV Website, including without limitation for promoting and redistributing part or all of the KidsHubTV Website (and derivative works thereof) in any media formats and through any media channels.

D. You also hereby grant each user of the KidsHubTV Website an irrevocable, non-exclusive, royalty-free license to access your User Contributions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, communicate, translate and perform such User Contributions as permitted through the functionality of the Website and under these Terms of Service. E. In connection with User Contributions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KidsHubTV all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage KidsHubTV or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

F. KidsHubTV does not endorse any User Contributions or any opinion, recommendation, or advice expressed therein, and KidsHubTV expressly disclaims any and all liability in connection with User Contributions. KidsHubTV does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KidsHubTV will remove all Content and User Contributions if properly notified that such Content or User Contributions infringes on another's intellectual property rights. KidsHubTV reserves the right to remove Content and User Contributions without prior notice. KidsHubTV will also terminate a User's access to its Website for repeat infringements. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Contributions removed from the Website more than twice. KidsHubTV also reserves the right to decide whether Content or User Contributions are appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KidsHubTV may remove such User Contributions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

G. In particular, if you are a copyright owner or an agent thereof and believe that any User Contributions or other content infringes upon your copyrights, you should refer to our Takedown Policy and submit a "Notice of Claimed Infringement" to contact KidsHubTV at info@kidshubtv.com, outlining the infringement pursuant to the Copyright Act 1968 (Cth) (Australia).

For more information pleasure see our Take Down Procedure

H. You understand that when using the KidsHubTV Website, you will be exposed to User Contributions from a variety of sources, and that KidsHubTV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that you may be exposed to User Contributions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KidsHubTV with respect thereto, and agree to indemnify and hold KidsHubTV, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KIDSHUBTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDSHUBTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KIDSHUBTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KIDSHUBTV WEBSITE. KIDSHUBTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KIDSHUBTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KIDSHUBTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL KIDSHUBTV BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KIDSHUBTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN THE EVENT THAT ANY IMPLIED CONDITIONS AND WARRANTIES CANNOT BE EXCLUDED UNDER THE TRADE PRACTICES ACT 1974 (CTH), KIDSHUBTV LIMITS ITS LIABILITY TO THE REPLACEMENT OR RE SUPPLY OF EQUIVALENT GOODS AND SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT KIDSHUBTV SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by KidsHubTV from facilities in Australia. KidsHubTV makes no representations that the KidsHubTV Website is appropriate or available for use in other locations. Those who access or use the KidsHubTV Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless KidsHubTV from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the KidsHubTV Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Contributions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the KidsHubTV Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then you will need parental permission to use this website.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KidsHubTV without restriction.

12. Disputes

You agree that: (i) the KidsHubTV Website shall be deemed solely based in New South Wales, Australia; and (ii) the KidsHubTV Website shall be deemed a passive website that does not give rise to personal jurisdiction over KidsHubTV, either specific or general, in jurisdictions other than New South Wales. These Terms of Service shall be governed by the internal substantive laws of the State of New South Wales without respect to its conflict of laws principles. Any claim or dispute between you and KidsHubTV that arises in whole or in part from the KidsHubTV Website shall be decided exclusively by a court of competent jurisdiction located in Sydney, New South Wales. These Terms of Service, together with the Privacy Notice at http://www.kidshubtv.com/en/privacy and any other legal notices published by KidsHubTV on the Website, shall constitute the entire agreement between you and KidsHubTV concerning the KidsHubTV Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and KidsHubTV failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. KidsHubTV reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the KidsHubTV Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND KIDSHUBTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KIDSHUBTV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.