Terms and Conditions | Webtime Stories | Video Storytelling on iPad or a webcam

Terms and Conditions

Date of Last Revision: July 1st, 2013
Thank You for visiting Be There Bedtime Stories, where our #1 mission is to Create Happy Moments!
Please read our Terms and Conditions carefully and feel free to contact us with any questions or comments about the Website or Mobile App at the email address: info@betherebedtimestories.com or by calling us at 1-800-617-2090.

1. Introduction [ahem]:

These “Terms and Conditions”of use apply to your use of our “Service” (“Website and/or Mobile App”): www.betherebedtimestories.com of BE THERE BEDTIME STORIES, LLC.

This Service and any of these Terms and Conditions are governed by the laws of the State of California. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of California. If any clause in these Terms and Conditions are invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Service and Terms and Conditions which will continue in full force and effect.

BE THERE BEDTIME STORIES, LLC reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Service, at any time and in its sole discretion. You waive any right you may have to receive specific notice of such changes or modifications. You should review these Terms and Conditions often, to understand these Terms and Conditions that apply to your use of the Service at anytime, as your ongoing use of the Service following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you are required to stop using the Service.

If you have any question regarding the use of the Service, please refer to the Frequently Asked Questions or submit comments and questions to info@betherebedtimestories.com.

BE THERE BEDTIME STORIES, LLC also reserves the right to change any and all content contained in the Service at any time without notice.

2. This is “our Service” we offer:

Our Service provides Users with the technology to create audio and video recordings of themselves reading children’s stories selected from the Service and/or Mobile App. These will be referred to as “User Recordings” and enable children and others to watch the User Recordings for personal, non-commercial use only. The “Fees” for our Service and related information are set forth in the Service.

We reserve the right to remove your User Recordings from the Website one year after creation, with reasonable effort applied in notifying you through your registered account information.

User Content

In keeping with our Mission to Create Happy Moments, users of our Service agree not to include text, music, audio, photos, video, graphics, messages, data, information, third party links or other items in the Service – considered to be “User Content”, that contain, promote or involve any of the following:

  1. User Content that is unlawful, fraudulent, libelous, defamatory or invasive of privacy or publicity rights;
  2. User Content that is pornographic or indecent;
  3. User Content that is harassing, threatening or abusive;
  4. User Content that would constitute, incite or provide instructions for a criminal offense, violate the rights of any person[s], or that would otherwise create liability or violate any local, state, national or international law;
  5. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or exclusive right of any party;
  6. User Content that, in the sole judgment of BE THERE BEDTIME STORIES, LLC, is objectionable or which may expose BE THERE BEDTIME STORIES, LLC or its users to any harm or liability of any type;
  7. Private data of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and information or other material that contains a virus, corrupted data or any other harmful or damaging component.

BE THERE BEDTIME STORIES, LLC reserves the right, and has absolute discretion, to monitor, edit, or remove any User Content posted or stored on the Service, that violates the rules set forth in these Terms and Conditions, at any time and for any reason without notice, thus ensuring only Happy Moments are being Created.

3. Your Stuff, Our Stuff and Their Stuff

In order to use our Services, you agree to abide by the following:

  1. Provide true and accurate “User Data” about you, as may be prompted by any registration forms for the Service;
  2. I am at least eighteen (18) years of age;
  3. Maintain the security of your own login information;
  4. Maintain and promptly update your User Data, and any other information you provide to BE THERE BEDTIME STORIES, LLC, to comply with the above (a);
  5. Accept all risks of unauthorized access to your User Data and any other information you provide to BE THERE BEDTIME STORIES, LLC.

Service Content

  1. a. Unless otherwise indicated in the Service, the Service and all content and other materials, including, but not limited to, the stories, video recordings, audio recordings, artwork, designs, text, graphics, pictures, music, messages, submissions, postings, information, data, software, audio files and the selection and arrangement thereof (collectively, the “Service Content”) are the exclusive property of BE THERE BEDTIME STORIES, LLC or its licensors or users and are protected by U.S. and international copyright laws.
  2. b. You retain all right, title and interest, including all copyright, trademark and other exclusive rights, in and to any User Content that you incorporate into any User Recordings or post on the Website and/or Mobile App. BE THERE BEDTIME STORIES, LLC and its licensors retain all right, title and interest, including all copyright, trademark and other exclusive rights, in and to
    • the “Story Content” – stories contained in the Service and all cover art and other images and content related to such stories;
    • the User Recordings you create other than any User Content incorporated therein;
    • all other Service Content.

BE THERE BEDTIME STORIES, LLC takes no responsibility and assumes no liability for any User Content incorporated into any User Recording or posted, stored or uploaded to the Service or for any loss or damage thereto; nor is BE THERE BEDTIME STORIES, LLC liable for any mistakes, omissions, obscenity, defamation, libel, slander, pornography or profanity you may encounter, as a provider of interactive services.

Third Party Content BE THERE BEDTIME STORIES, LLC may display or run advertisements and promotions of third party content on the Website and/or Mobile App and may display links to Websites and content of third parties (collectively the “Third Party Content”). BE THERE BEDTIME STORIES, LLC has not reviewed any of the Websites and does not monitor or have any control over Third Party Content.

Links are provided solely for your convenience and information. BE THERE BEDTIME STORIES, LLC does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or validity and undertakes no responsibility to update or review any Third Party Content. Following links to any other Websites or pages shall be at your own risk. These other Websites or pages would have their own terms and conditions governing them. You should read these terms and conditions carefully before using other Websites or pages.

Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. BE THERE BEDTIME STORIES, LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-BE THERE BEDTIME STORIES, LLC advertisers or third party information on the Website.

In addition, BE THERE BEDTIME STORIES, LLC may receive payment for advertising displayed to you during the course of the use of the Service or for advertising links which you may choose to follow. By using the Service you authorize BE THERE BEDTIME STORIES, LLC to collect such payments for its sole use and benefit.

Restrictions

As a user of our Service, you agree that you will not:

  1. use our Service to reproduce copyrighted materials;
  2. copy, store, edit, change, prepare any derivative work of or alter in any way any of the Story Content or Service Content available through our Service;
  3. provide your password to any other person;
  4. use our Service in any way that violates the terms of this Agreement.
4. We Even Offer Coupons!

You may utilize valid coupon codes for the purchase of our Service, provided that all conditions set forth in the coupon are met. However, BE THERE BEDTIME STORIES, LLC reserves the right to cancel and invalidate coupon codes at any time and for any reason.

5. Having an Unhappy Moment? Here is our Return Policy:

If, for any reason, you are unhappy with your User Recording, we will gladly issue a refund of the Fees paid or value within a plan paid, for creating the User Recording you are unhappy with, within thirty (30) days of the creation. Instructions for returning an order can be found on our FAQ/customer service page. Your access to that particular User Recording will be terminated, once the refund process is complete.

6. Privacy Policy

Please refer to our Privacy Policy in the footer or on our Customer Service page, for information on how BE THERE BEDTIME STORIES, LLC collects, uses and discloses personally identifiable information from users.

7. Licensed to Storytell

BE THERE BEDTIME STORIES, LLC will not reproduce, distribute, perform, display or otherwise use the User Recordings you create without your express consent, other than in connection with providing you our Service.

Upon payment of the applicable Fees (as set forth on the Website), and subject to these Terms and Conditions, you are granted limited license to use the Story Content solely for the purpose of creating User Recordings and to permit others to view the User Recording on the Website. All use and exploitation of any User Recordings or Story Content is limited solely to your personal, noncommercial use, and you may not reproduce, display, distribute, modify or otherwise sublicense the Story Content or the User Recordings except for their intended purpose as expressly permitted in these Terms and Conditions.

You are also granted limited license, subject to these Terms and Conditions set forth in these Terms and Conditions, to access and use the Website for your informational, non-commercial and personal use only. This license is revocable at any time.

8. Trademarks are Cool! They’re Also Protected.

BE THERE BEDTIME STORIES, LLC logos and any other product or service name or slogan contained in the Website are trademarks of BE THERE BEDTIME STORIES, LLC and may not be copied, imitated or used, in whole or in part, without the prior written consent of BE THERE BEDTIME STORIES, LLC or the applicable trademark holder.

You may not use any metatags or any other hidden data utilizing “BE THERE BEDTIME STORIES, LLC” or any other name, trademark or product or service name of BE THERE BEDTIME STORIES, LLC without our prior written consent.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BE THERE BEDTIME STORIES, LLC.

9. More Protection

There may be occasions when our Service is interrupted such as for maintenance, upgrades, system or equipment failure or otherwise.

You agree to defend, indemnify and hold harmless BE THERE BEDTIME STORIES, LLC, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or incorporate into any User Recording, including, but not limited to, any actual or threatened suit, demand or claim made against BE THERE BEDTIME STORIES, LLC and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

10. A FINAL WORD… OR TWO

(IT MAY SEEM LIKE WE’RE SHOUTING BUT WE’RE NOT; WE’RE JUST CONVEYING SOMETHING REALLY IMPORTANT)

DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY BE THERE BEDTIME STORIES, LLC, THE WEBSITE, THE WEBSITE CONTENT CONTAINED THEREIN (INCLUDING ALL USER RECORDINGS, STORY CONTENT AND USER CONTENT) AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

BE THERE BEDTIME STORIES, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE CONTENT, THE USER RECORDINGS OR THE SERVICE ARE RELIABLE, CURRENT OR FREE OF ERROR.

BE THERE BEDTIME STORIES, LLC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

BE THERE BEDTIME STORIES, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE SOFTWARE TO DETECT AND PROTECT YOUR SYSTEM FROM VIRUSES FROM ANY DOWNLOAD.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BE THERE BEDTIME STORIES, LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT OR ANY CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE WEBSITE CONTENT, THE USER RECORDINGS OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM USER ON ANY INFORMATION PROVIDED TO BE THERE BEDTIME STORIES, LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS OF SERVICES, ERRORS, DEFECTS, VIRUSES, DELAYS IN SERVICES OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BE THERE BEDTIME STORIES, LLC’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BE THERE BEDTIME STORIES, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE WEBSITE OR THE USER RECORDINGS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BE THERE BEDTIME STORIES, LLC FOR ACCESS TO OR USE OF THE WEBSITE.

11. Unhappy Moments Sometimes Happen:

Discontinuation of Service

Notwithstanding any of these Terms and Conditions, BE THERE BEDTIME STORIES, LLC reserves the right, without notice and in its sole discretion, to terminate your account and your license to use the Website, and to block or prevent your access to and use of the Website or to suspend, modify, discontinue or permanently cancel our Service, or portions thereof; including, but not limited to, making changes to any policies, features and terms applicable thereto. If your account is terminated, or if our Service, or any part thereof, is permanently discontinued or canceled by BE THERE BEDTIME STORIES, LLC, our obligation to host the User Recording will end, and we will have no further liability to you.

Severability

If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining clauses.

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