Terms & conditions

Terms & Conditions of Kidrated Limited (“Kidrated”)

January 2014

These Terms & Conditions of Use set out the legally binding terms for your use of Kidrated. By using the Services defined below, you agree to be bound by this Agreement, whether you are a “Visitor” browsing the Website or you are a “Member” who has registered with www.kidrated.co.uk. The word “User” referred to in this agreement relates to a Visitor or a Member.

Each User understands that Kidrated is a website on which viewers can watch recordings made by or with the involvement of minors talking about travel and the provision of this and other facilities are referred to as the “Services”. Each recording may only be submitted by a registered Member.

As a registered Member either you will be asked to confirm your acceptance of these terms and conditions upon registration on www.Kidrated.com or pursuant to an agreement reached in person or over the telephone.

These terms and conditions contain our policy for acceptable use of our Website. In order to utilise certain elements available on the Kidrated Website, you may be required to download software and/ or content and may be presented with additional terms and conditions.

A copy of these terms and conditions can be obtained by emailing us at: info@kidrated.co.uk, with the subject line: Terms & Conditions of Use.

Kidrated reserves the right to amend this Agreement from time to time and as such, amendments shall be effective and legally binding upon posting by Kidrated on the Website www.Kidrated.com. Registered Members will be advised by email of any amendments. If you do not agree with any such amendment you have the right to terminate your membership with www.Kidrated.com. By becoming a registered Member of the Website you agree to be bound by any changes to this Agreement after the amendment has been posted for at least one month. It is recommended that this Agreement is reviewed regularly to ensure that you are up to date with all changes.

  1. Eligibility

By using the Kidrated Services, you represent and warrant that:-

    1. all registration information you submit is honest and accurate and that you will maintain the accuracy of such information.

    2. your use of the Kidrated Services does not violate any applicable law or regulation in your country of residence.

    3. If you are a Member you are at least eighteen years old.

    4. you have obtained the consent of a parent or guardian of each minor who appears in a recording on the Website and you are fully entitled to make available to us the recording to put on the Website.

    5. you consent to our removing a recording from the Website in our discretion whether or not it is or may become the subject of a complaint or dispute.

  1. Getmybusinesson.TV Services

The recordings on the Website are intended to provide entertainment and information but NOT expert guidance and a User should not rely on them without conducting other research.

  1. Proprietary Rights to Content

Kidrated claims no ownership rights in the recordings (or constituent elements of them) that appear on the Website but relies solely on permission from the Member concerned to make a particular recording available for view.

Materials and content contained in and displayed on the Website may be protected by copyright and similar rights and the format of the Website itself is protected by copyright and similar rights owned by Kidrated and Kidrated owns and retains all rights in the the Kidrated Services. To the extent necessary (and no more) Kidrated hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Kidrated Content (excluding any and all software code) solely for your personal use in connection with viewing the Kidrated Website and using the Kidrated Services. Kidrated has applied for a trademark in the name K-Rated so you may not use that name or anything similar.

  1. Prohibited Activity:

You must not use Kidrated’s Website or Services in any way which may lead you or Kidrated or any third party to be the object of any claim or legal action, whether criminal or civil if in our reasonable judgement you have done so then we may terminate the Term with immediate effect with no refund to you for any unused part of the Term.

  1. Third Party Disputes

You are solely responsible for your interaction with other third parties (including but not limited to production companies) introduced to you by Kidrated.. Kidrated reserves the right, but has no obligation, to monitor disputes between you and other Members.

  1. Privacy

Use of the Kidrated Services is also governed by our Privacy Policy, which is integrated into this Agreement by this reference.

  1. Liability Disclaimer.

Kidrated is not responsible for any incorrect or inaccurate Content on the Kidrated Website or otherwise in connection any of the equipment or programming associated with or utilised with the Services. Kidrated takes no responsibility for third party advertisements which are posted on Kidrated or through the Kidrated Services, nor does it take any responsibility for the goods or Services provided by its advertisers. Kidrated is not responsible for the conduct, whether online or offline, of any User of the Kidrated Services.

In addition, Kidrated assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. Kidrated is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Kidrated Services or combination thereof.

  1. Exclusion of Warranty.

The Kidrated Services are provided “as-is” and as available. Kidrated provides no warranty of the timely, secure, error-and interruption-free provision of Services. Kidrated expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Kidrated cannot guarantee and does not promise any specific results from use of the Kidrated Services. The exclusion of warranties does not affect your right of withdrawal.

Some countries do not allow the exclusion or limitation of certain types of warranty or liability, such as liability for death or personal injury as a result of negligence or fraud of Kidrated. Some of the limitations in this Agreement may therefore not apply to you.

  1. Disputes.

If there is any dispute about or involving the Kidrated Services, you agree that the dispute shall be governed by the laws of the England and Wales.

  1. Indemnity.

Each Member agrees to indemnify and hold Kidrated, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of their use of the Kidrated Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Kidrated Website or through the Kidrated Services causes Kidrated to be liable to another, provided that this was caused by liable conduct.

  1. Other.

Your use of the Kidrated Website or any of the Kidrated Services is acknowledgment of your acceptance of these terms and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Kidrated regarding the use of the Kidrated Services. The failure of Kidrated to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact Kidrated with any questions regarding this Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.

COMPETITION

The following rules are applicable to all competitions, promotions, games, votes, offers or other similar commercial offering (referred to herein as ‘competition’) conducted by or on behalf of KidRated Ltd until further notice or until amended.
These rules will be deemed incorporated in each competition except to the extent that any specific instruction in a competition (hereafter called the ‘competition instructions’) provides otherwise, in which case the competition instructions shall take precedence.
By entering the competition, entrants (or voters for a particular entrant) together with any other member of the public involved (all such persons being referred to as ‘entrant’) hereby agree to be bound by these rules as amended from time to time, and by any competition instructions.
It is the responsibility of entrants to keep themselves informed as to any updates of these rules, and they acknowledge that any failure to comply with these rules could lead to their disqualification without reasons being given or opportunity for challenge.

1. The Judges shall, unless provided otherwise in the competition instructions, be the CEO for the time being of KidRated and/or his nominated representative(s), and “Judges” herein shall mean such person or persons. In the case of a competition involving the judging of skill there shall be at least one judge independent of KidRated and any promoters, and the identity of that Judge may be given in the competition instructions. The identity of the Judges may be requested by sending a stamped addressed envelope to KidRated Promotions, 8a Lonsdale Road, London NW6 6RD and allowing 21 days for a reply.

2.1 The general principle is fairness: entries or votes should be made or cast fairly. If, in the opinion of the Judges this principle has been flouted, they can declare any entries or votes invalid, void the competition, change the competition instructions, or adjust the entries or the voting to achieve fairness, as they think fit. The competition instructions may carry a specific indication, but in the absence of such an indication, only one entry/ vote per entrant (or household, computer or other unit as appropriate) will be permitted.

2.2 The decision of the Judges over every instance shall be final and unchallengable and in their absolute discretion they may declare void any entry/ vote or the competition itself should they consider that there are no entries reaching a required standard, whereupon they can award prizes or not as they think fit. Judges shall have the right, at their discretion, to change the rules of a competition while it is running if it appears to them that it would be equitable or appropriate to do so, including the extension of the closing date whereupon there will be an announcement of any such extension at the first reasonable opportunity. No correspondence will be entered into or comment issued on any matters concerning any competition, and no reasons given for any decision made by the Judges.

3. All competitions are open to UK residents aged 18 or over unless any other age restriction is specified or implied. Where entrants are required to enter in one of several age categories, the applicable category shall be that appropriate to their age on the closing date of the competition. Entrants should, if under 18, obtain permission in advance from their parent or guardian and be able to demonstrate that to the Judges’s satisfaction.

4.1 All entries must be legible and must be clearly marked with the entrant’s name, email address and telephone number if requested. Any illegible, mutilated, altered, corrupted or multiple entry may be disqualified.

4.2 Entries must be made in accordance with the competition instructions. They are invalid if they are received any later than the specified closing time (which shall be London date and time).

4.3 In the case of token collect or voucher promotions, only originals are valid. No tokens or vouchers are redeemable for cash. The provisions of Rule 11 apply to such promotions unless expressly excluded.

4.4 All questions must be answered and all other entry requirements fulfilled, including in any ‘pay to enter’ competition each entry must be accompanied by the appropriate entry fee or proof of purchase as appropriate.

4.5 Proof of submission or of posting of a form will not constitute proof of delivery and no responsibility will be accepted for lost, corrupted, delayed or mislaid entries.

4.6 The winner will be chosen in accordance with the competition instructions and the exercise of their residual discretion by the Judges, and either will be the first correct entry drawn from the total entries or all entries will be examined and the prize awarded to the entry that the Judges consider to be the best.

4.7 Other prizes will be awarded in accordance with the order of priority as stated in the individual competition.

5. KidRated Ltd reserve the right to publish the names of the winners and runners-up, and the winning entries themselves, and all winners are required to give their full co-operation to all requests by KidRated or a promoter in connection with publicity for the competition, their entry, the prize or otherwise.

6. KidRated Ltd shall have the following rights over all winning entries:- the exclusive, irrevocable, worldwide licence to first publication; and a non-exclusive licence to publish, syndicate, distribute, reproduce and exploit the material in all present and future media and formats and to sub-license these rights to others. Entries, however submitted, will not be returned by KidRated Ltd.

7. There will be no cash or other alternative to the prize offered and prizes are not transferable.

8. Where applicable, prize winners will be responsible for organising valid passport(s) and for securing any necessary visas or complying with other regulation. They are also strongly advised to take out adequate insurance and health advice. Dates, destinations and other specific details of a prize are subject to availability.

9.1 KidRated Ltd will not be liable for any circumstances beyond its reasonable control that prevent the competition being fulfilled, a winner or winners being chosen, or any prize being taken up or fully enjoyed by a winner. KidRated excludes liability to the extent permitted by law for any cost, claims or losses howsoever caused that arise by reason of any person’s entry into a competition or the award, or non award, to them of a prize. In the event of any error, whether printing, technological or otherwise, which affects the competition in any way, the Judges reserve the right to administer the competition as though the error had not occurred.

9.2 If any winner of a competition is unable to take up a prize for any reason, or if KidRated Ltd has not been able, after making reasonable efforts, to make contact with the winner, KidRated Ltd reserve the right to award that prize (without notice to the first winner chosen) to an alternative winner, who shall be chosen at the Judge’s discretion in which case the first winner chosen shall not be eligible for any share of the prize whatsoever. KidRated Ltd shall not have any liability in such eventuality.

10. Where necessary in order to determine an outright winner or winners in a competition, the Judges reserve the right to require that entrants take part in an eliminating contest (or ‘tie breaker’). If for any reason there are more winners than prizes, whether or not that has arisen as an unforeseen eventuality or is part of the competition structure, the Judges reserve the right to conduct a draw to determine the winner or winners of the prizes.

11. In any competition where there are only a limited number of prizes, unless it is otherwise stated no entry purchase is necessary for entry, except in competitions of skill or where competition instructions clearly specify otherwise.

12. Names of major prize winners will be available on receipt of a request enclosing a stamped addressed envelope to: KidRated Promotions, 8a Lonsdale Road, London NW6 6RD, and this information may be published on the website at the Judges’ discretion.

13. Entrants may be asked to indicate their wish, by ticking or checking a box provided in the competition instructions or otherwise, to receive or decline to receive communications with information or carefully selected commercial opportunities from KidRated Ltd or agents on their behalf.

simonlondon@kidrated.co.uk

www.kidrated.comyoutube.com/kidrated

@kidratedlondon/@slondonuk

+44 7971 411 262