The following rules govern the use by you of Muslim Kids TV “Websites” and “Apps” (collectively, “Platform”). The rules set forth herein apply to all materials, online communications and other information that is or becomes available on Platforms (collectively, Information).
BY SIGNING ON AND USING MUSLIM KIDS TV, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
1. Personal Uses Permitted.
Muslim Kids TV is a subscription-based Platform solely owned and operated by MILO PRODUCTIONS INC., for use by the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
2. User's Obligation to Abide By Applicable Law.
In connection with the use of Muslim Kids TV, 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 Information available on Muslim Kids TV may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of Canada, the United States and/or other countries (Intellectual Property Laws). Such Intellectual Property Laws 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.
3. 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 Muslim Kids TV may, in the course of their regular duties, have access to communications for technical or operational purposes. Muslim Kids TV may also disclose any communications to the extent permitted or required by law.
4. Collection of Personal Information.
5. Email Opt-in.
You consent that by providing your email address during registration Muslim Kids TV may use that email address to communicate to you information about your account, promotional and other information that Muslim Kids TV deems important for users. The frequency of such emails is at the discretion of Muslim Kids TV which abides by anti-spam legislation. You may opt out of email marketing emails at any time.
6. Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through Muslim Kids TV any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (Rogue Programming). Muslim Kids TV has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on Muslim Kids TV is at your 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.
7. Use of Subscription Service
If you are a parent or guardian of 18 years of age or above and provide your consent to your child’s registration with Muslim Kids TV, you are agreeing to be bound by these Terms in respect of your child’s use of Muslim Kids TV. Please also read our Child Safety Policy for details on the measures we take in relation to your child’s personal information and how we request your consent.
Access to Muslim Kids TV and creating your account(s)
We make Muslim Kids TV available for users of all ages. However, users under the age of 13 (“Minors”) must take certain steps before they can access Muslim Kids TV. Muslim Kids TV’s ecommerce services, including the Shop, are intended for users of 18 years of age and above.
During the process of creating a Muslim Kids TV “Parent Account”, you will be asked to choose a username and to create a password in order for you to access Muslim Kids TV. We have put in place a number of procedures for children to access and use Muslim Kids TV safely. In order to ensure that these safeguards are effective, parents or other adults must create a separate “Child Account” for their child. If you do so, although you are creating an Account on behalf of your child and are bound by these Terms, it will be your child’s Account. You may not transfer your own Account to another person (even your child), or allow another person (even your child) to access, your own Account (except that children are permitted to let their parent or guardian help them to access Muslim Kids TV).
During the process of creating a Muslim Kids TV Account, you will be asked for your email address and to create a password and username.
Your Muslim Kids TV Accounts are for your personal use only. Please do not share your Account details with any other person, as you will be held responsible for all activities that occur under your password or Account(s) with or without your knowledge. By creating any type of Account on Muslim Kids TV, you confirm that you will treat your login details as confidential. If you have any concerns regarding your login details or become aware of any misuse then refer to our Help pages in the first instance to find out what to do.
Minors including users under 13 years of age
If you are a Minor, you must check with a parent or guardian before you register that they give you permission to use Muslim Kids TV and you should review these Terms with them to make sure that you and your parent or guardian understand them. Your parent or guardian may revoke their consent for you to use Muslim Kids TV at any time.
We will remove access to your Muslim Kids TV Account if your parent has expressly refused or revoked their consent for you to use Muslim Kids TV. If we do so then you may not continue to use your Account, create another Muslim Kids TV Account or access or use Muslim Kids TV by any other means unless your parent or guardian provides their consent again or until you are no longer a Minor. We may withdraw or terminate your access to Muslim Kids TV for any other reason at our sole discretion.Your parent or guardian must give you permission in order to access and use your Muslim Kids TV Account.
8. User Generated Content (UGC).
Any information, material and content which you and other users post, contribute or otherwise submit to Muslim Kids TV is generally known as “user generated content” or “UGC” for short.
By posting or uploading any user generated content to Muslim Kids TV, whether text or pictures or otherwise, you are promising to us and to other users that: (i) you either own all rights (including copyright) in that user generated content or that you have obtained the necessary permissions to make the user generated content available through Muslim Kids TV in accordance with these Terms and permit its use via Muslim Kids TV, in Muslim Kids TV newsletters and by any third parties we authorize (whether our Partners or otherwise) and that you will provide us with evidence of such permissions should we require; and (ii) you will not be infringing anyone’s rights or breaching any law or regulation (including data protection and privacy laws), by contributing that user generated content and by allowing it to be used in the ways described in these Terms.
Who can use your UGC and how they can use it
You are responsible for the content of any Information you put on Muslim Kids TV. The Information posted to Muslim Kids TV does not necessarily reflect the views of Muslim Kids TV and in no event shall Muslim Kids TV assume or have any responsibility or liability for any information posted to the Platform or for any claims, damages or losses resulting from the use and/or appearance of such information on the Platform.
Muslim Kids TV makes all possible efforts to monitor or control any Information that is or becomes available on the Platform. Muslim Kids TV reserves the right to review any Information that is or becomes available on the Platform. Muslim Kids TV reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in Muslim Kids TV.'s sole discretion, unacceptable, undesirable or in violation of these rules. Muslim Kids TV has no obligation to exercise such reservation of rights; however, Muslim Kids TV has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Platform, system or network who are repeat infringers. Muslim Kids TV may terminate access for content providers or website users who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to the Platform, you grant Muslim Kids TV a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While Muslim Kids TV strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the non- Muslim Kids TV content to which we link or which is added to the site.
When you contribute UGC to Muslim Kids TV:
You are granting us and any third parties we authorize including our Partners unlimited, non-terminable and free permission (including the right to sub-license that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
By way of example only, this will include permission to:
- Make your UGC available through Muslim Kids TV to other users of the Platform;
- include UGC in Muslim Kids TV newsletters;
- and allow any third parties authorized by us including our Partners to reproduce, display, publish, communicate, perform and/or embed your UGC on their platforms, including their websites and applications.
- you are granting to every other user of Muslim Kids TV unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph below headed Your permitted use of UGC on Muslim Kids TV.
Your permitted use of UGC on Muslim Kids TV:
You may view any UGC posted to Muslim Kids TV for your own personal and non-commercial purposes only. You are not, in any circumstances, permitted to:
- make commercial use of any such content;
- edit any such content; or
- remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.
Monitoring your UGC
Before permitting any UGC to appear or otherwise be disclosed on the Platform, we reserve the right to review it (including any posts and uploads, made by users to Muslim Kids TV) to remove any material that breaches the rules set out in these Terms. Any postings or uploads on Muslim Kids TV do not constitute any form of recommendation, representation, endorsement or arrangement by us. We make efforts to prevent unlawful or otherwise inappropriate material from appearing on the Platform by removing such material before it appears. However, we cannot guarantee that all such material is removed from every post and upload. In particular we have no control over and are not responsible for the truth or accuracy of any user generated content and we are not responsible for verifying the ownership of any user generated content posted or uploaded on the Platform.
Please note that any information posted via the functionality available on Muslim Kids TV is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes. Although we have rules for the posting and uploading of user generated content, our interactive features may be misused and sometimes content can still be posted that is misleading, deceptive, or indeed completely wrong. You should not therefore rely on information being accurate or complete. You accept that if you do rely on the information posted or uploaded, you do so at your own risk.
To be clear, each user, acts on his/her own behalf at all times and does not act as our representative or agent in any way. We do not endorse nor are we responsible for any of the actions of any Muslim Kids TV user.
9. Rules of Use.
The following rules apply to your behaviour on Muslim Kids TV including your use of the community features contained on Muslim Kids TV:
- any user generated content that you post or upload (including Nicknames), does not contain any personal information about you or any other person. This includes any information that could potentially identify an individual such as their surname, date of birth, email or home address, information about their family or other contact information;
- all user generated content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;
- after receiving a warning, you do not continue to post or transmit comments that are not related to the subject matter of the page on which the comments are being posted;
- you will only use Muslim Kids TV (and any information and content obtained from it) lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
- you will not harass or mislead or act unlawfully towards any person while using the Platform;
- your will not post content that infringes copyright rules and regulations
You may not:
- distribute or post any links including links to websites, files or links that open or run programs;
- distribute or post spam, in particular by sending unsolicited marketing messages or other messages to anyone, or distribute or post chain letters, or pyramid schemes;
- post or transmit any advertisements for, or solicitations of, business;
- impersonate another Muslim Kids TV user or falsely state or otherwise misrepresent your affiliation with a person or entity;
- allow any other person or entity to use your log in details or account;
- continue to use Muslim Kids TV whilst your Account is temporarily suspended or after your Account has been permanently terminated, including where access to Muslim Kids TV has been removed following the refusal or revocation of consent by a parent or guardian for Minors;
- make, negotiate or enter into any arrangements or agreements through Muslim Kids TV; or
- engage in any other conduct that restricts or inhibits any other persons from using or enjoying Muslim Kids TV or which, in our judgment, exposes us to any liability or detriment of any type.
All website content (herein referred to as the Content) are protected by Canadian, U.S. and international copyright laws. All rights to content originating from the Platform., including the content and technology included therein, are reserved to or are under license to Muslim Kids TV and its parent company. All content available on the Platform is for personal, noncommercial use only:
- you may not modify or delete any of the content;
- you may not download, copy, record or otherwise reproduce any video, game or other content from the Platform for use outside of the platform;
- you may not redistribute the content that is allowed to be downloaded from Muslim Kids TV (worksheets and print pages, backpack videos; etc.) for commercial purposes.
- all such downloadable content is for Personal Use only;
Muslim Kids TV is not liable for any illegal use or display of any downloaded content. Muslim Kids TV is not liable for any illegal use or display of any downloaded content that promotes or endorses any third party causes, ideas, Web sites, products or services.
Any use of Content outside of the Terms of this Agreement must have prior consent from Muslim Kids TV.
Muslim Kids TV reserves the right to discontinue providing content or any elements of the content at any time for any reason.
Muslim Kids TV may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall Muslim Kids TV be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided or any content.
11. Automatically Renewing Subscriptions
By registering for a subscription to Muslim Kids TV, you agree to a payment method during the registration and sign up process that will be automatically charged each billing period.
Multiple payment and subscription gateways:
Users may sign up for a subscription using several payment gateways including but not limited to: website; Google Play; Apple Store; PayPal, etc.. Muslim Kids TV may add or delete payment gateways at its sole discretion at any time.
Free Trial Period
- Users may be offered a Free Trial period before automatic billing takes place.
- Muslim Kids TV reserves the right to change the length of Free Trial or to cancel trial periods at its sole discretion.
- Muslim Kids TV reserves the right to request payment information from the User prior to a Free Trial period.
- It is the User's responsibility to fully read and understand the terms of any Free Trial periods and the recurring nature of payments.
- Notwithstanding the above, users taking a subscription using PayPal will not be offered a free trial period.
Muslim Kids TV offers Subscription Plans of varying lengths that correspond to billing periods.
- A User must select a Subscription Plan during sign up and will be charged for the service on an automatically recurring basis thereafter.
- Muslim Kids TV reserves the right to change these Subscription Plans including pricing at any time at its sole discretion.
- Muslim Kids TV is not responsible for any errors a User may have made during sign up including any errors in selecting a Subscription Plan. The Plan selected by the User and recorded in the automatic billing system will be the period used to charge the User.
- Muslim Kids TV will use the payment method currently associated with Users account. If your credit or debit account has been closed or User’s payment method is otherwise invalid, the subscription may not renew.
- In certain cases, such as an expired card, the payment processor may contact the card-issuing bank for updated information to allow the purchase to go through.
- Muslim Kids TV is under no obligation to inform or invoice the User before the billing takes place.
- Subscriptions automatically renews unless cancelled at least 24-hours before the end of the current period
- Subscriptions maybe charged for renewal within 24-hours prior to the end of the current period
- Until User cancels, billing will continue according to the cycle stated at the time of purchase.
12. Cancellation & Refund Policy
A User may cancel their subscription at any time.
Due to the automated nature of the subscription system, the User understands and agrees to takes full responsibility to manage and cancel their subscription on their own.
- Muslim Kids TV is under no obligation to cancel the subscription on behalf of the User.
- The User acknowledges that the different methods of subscription (web, Google Play, iOS, PayPal, etc.) may each have a different way to cancel. The User agrees to follow the cancellation process outlined by these payment gateway providers.
- The User acknowledges that Muslim Kids TV may not be able to cancel a subscription on behalf of a user due to certain payment methods not allowing Muslim Kids TV to cancel subscriptions (Apple Store, Google Play, etc.).
- Muslim Kids TV provides information on how to cancel a subscription through links on its Platform. It is the User’s responsibility to understand the ways to cancel the subscription.
- Muslim Kids TV makes every effort to ensure the cancellation process is simple and transparent.
- All subscriptions are non-refundable, and any refunds are at the sole discretion of Muslim Kids TV.
- If you choose to cancel, no more payments will be taken. You may or may not have access to Muslim Kids TV for the remainder of your paid period depending upon the payment gateway.
- Any amounts paid prior to your cancellation will not be refunded.
- For automatically renewing Annual Subscriptions, Users will be eligible for a refund within 5-days of the subscription renewing at the request of the User.
- Any refunds after 5-days are at the sole discretion of Muslim Kids TV and an administrative service fee maybe charged to process any such refunds.
13. Disclaimer of Warranties.
Muslim Kids TV is provided on an as iss 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. Muslim Kids TV does not warrant that any information is complete or accurate, that Muslim Kids TV will be uninterrupted or error free or that any information is free of rogue programming.
14. Limitation of Damages.
Under no circumstances, including negligence, shall Muslim Kids TV be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use Muslim Kids TV, including without limitation use of or reliance on information available on Muslim Kids TV, 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.
15. Release and Indemnity.
You hereby release and waive any and all claims and/or liability against Muslim Kids TV arising from or in connection with your use of Muslim Kids TV. You also agree to defend, indemnify and hold harmless, Muslim Kids TV, from and against, any and all claims or liability, including costs and attorney’s fees, arising from or in connection with your use of Muslim Kids TV or failure to abide by applicable law.
These rules may be modified by Muslim Kids TV from time to time and such modifications will be binding on you when placed online.
17. Governing Law
You agree that Muslim Kids TV and these Terms and Conditions will be governed by and construed in accordance with, and all matters relating to or arising under Muslim Kids TV or these Terms and Conditions will be governed by, the laws of CANADA.
The parties agree that all disputes relating to Muslim Kids TV and these Terms and Conditions shall be resolved by binding arbitration before a single independent arbitrator chosen by the parties pursuant to the Canadian Arbitration Rules (Rules) and conducted under those Rules. Any arbitration proceedings shall be held at the place decided by Muslim Kids TV. Any arbitration award shall be final and binding on the parties and shall not be subject to appeal. Judgment on the award may be entered by any court having jurisdiction. The parties specifically consent to and accept the jurisdiction of the courts of Canada for the purposes of such enforcement.
These Terms and Conditions are binding on and for the benefit of you and your successors. We may assign these Terms and Conditions, but you may not assign any of your rights or delegate any of your duties under these Terms and Conditions or under Muslim Kids TV without our prior written consent. Except as otherwise set forth in these Terms and Conditions, neither you nor we will lose any of our rights under these Terms and Conditions, even if you or we do not enforce a right or delay in enforcing a right. Neither party will be liable for any damages arising from acts of God or events outside of that party's reasonable control. If any provision of these Terms and Conditions is found to be unenforceable, the rest of these Terms and Conditions will remain in full force and effect
20. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us and supersede all prior agreements and representations, whether express or implied, written or oral, with respect to the Muslim Kids TV. Neither you nor any of our employees or agents is authorized to change or add to these Terms and Conditions or any other documents relating to Muslim Kids TV or these Terms and Conditions in any way, and any purported change or addition, whether oral or written, is void.