Terms of service

You are free to use any KidsHubs resource so long as it is not for profit or any other commercial purposes, the use is consistent with the KidsHubs values, which may be found at https://kidshubs.com/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 KidsHubs resources being sold, or have any questions please contact [email protected]. If you copy and/or distribute KidsHubs resources (whether by burning, sending, duplicating or whatever means) please make reference to https://kidshubs.com/ in order to let others know about the website and resources. Please continue reading for more specific ‘Terms of Service’ for the KidsHubs website.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the kidshubtv.com domain name, the “KidsHubs Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF KIDSHUBS PRIVACY NOTICE, WHICH ARE PUBLISHED AT https://kidshubs.com/privacy-policy/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the KidsHubs Website.

KidsHubTV Website

These Terms of Service apply to all users of the KidsHubs Website, including users who are also contributors of any content to the Website. KidsHubs 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.

Website Access

KidsHubs hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:

your use of the Website as permitted is solely for non-commercial purposes (sale or profit)
you will not copy or distribute any part of the Website in any medium for any commercial purposes (sale or profit)
your use is consistent with the KidsHubs values, which may be found at https://kidshubs.com/about/
your use does not contravene any applicable law or regulation, and
you will otherwise comply with the terms and conditions of these Terms of Service.

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

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 KidsHubs immediately of any breach of security or unauthorised use of your account. Although KidsHubs will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of KidsHubs or others due to such unauthorised use. Please choose carefully the information you post on KidsHubs and that you provide to other Users.

Intellectual Property Rights

The content on the KidsHubs 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 KidsHubs, subject to copyright and other intellectual property rights as detailed under Copyright Act 1968 (Cth) (Australia) and other applicable legislation. KidsHubs 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 KidsHubs Website, reproduced, published and communicated without attribution;
That the resources may be downloaded, copied and duplicated by other KidsHubs users for non-commercial purposes, free of charge;

User Contributions

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

you own or have the necessary licenses, rights, consents, and permissions to use and authorize KidsHubs 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
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 KidsHubs, you hereby grant KidsHubs 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 KidsHubs Website, including without limitation for promoting and redistributing part or all of the KidsHubs Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KidsHubs 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. In connection with User Contributions, you further agree that you will not:

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 KidsHubs all of the license rights granted herein
publish falsehoods or misrepresentations that could damage KidsHubs or any third party
submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate
post advertisements or solicitations of business
impersonate another person.

KidsHubs does not endorse any User Contributions or any opinion, recommendation, or advice expressed therein, and KidsHubs expressly disclaims any and all liability in connection with User Contributions. KidsHubs does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KidsHubs will remove all Content and User Contributions if properly notified that such Content or User Contributions infringes on another’s intellectual property rights. KidsHubs reserves the right to remove Content and User Contributions without prior notice. KidsHubs 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. KidsHubs 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. KidsHubs 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.

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 KidsHubs at [email protected], outlining the infringement pursuant to the Copyright Act 1968 (Cth) (Australia).

You understand that when using the KidsHubs Website, you will be exposed to User Contributions from a variety of sources, and that KidsHubs 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 KidsHubs with respect thereto, and agree to indemnify and hold KidsHubs, 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.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KIDSHUBS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDSHUBS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KIDSHUBS 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 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
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 KIDSHUBS WEBSITE. KIDSHUBS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KIDSHUBS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KIDSHUBS 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.

Limitation of Liability

IN NO EVENT SHALL KIDSHUBS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM

ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
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 KIDSHUBS 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), KIDSHUBS LIMITS ITS LIABILITY TO THE REPLACEMENT OR RESUPPLY OF EQUIVALENT GOODS AND SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT KIDSHUBS 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 KidsHubs from facilities in Australia. KidsHubs makes no representations that the KidsHubs Website is appropriate or available for use in other locations. Those who access or use the KidsHubs Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless KidsHubs 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:

your use of and access to the KidsHubs Website
your violation of any term of these Terms of Service
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your User Contributions caused damage to a third party.

This defence and indemnification obligation will survive these Terms of Service and your use of the KidsHubs Website.

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.

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 KidsHubs without restriction.

Disputes

You agree that:

the KidsHubs Website shall be deemed solely based in New South Wales, Australia; and
the KidsHubs Website shall be deemed a passive website that does not give rise to personal jurisdiction over KidsHubs, 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 KidsHubs that arises in whole or in part from the KidsHubs 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 https://kidshubs.com/privacy-policy/ and any other legal notices published by KidsHubs on the Website, shall constitute the entire agreement between you and KidsHubs concerning the KidsHubs 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 KidsHubs failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. KidsHubs 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 KidsHubs Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND KIDSHUBS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KIDSHUBS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.