Terms of Service
(Sorry this is so long but, you know, lawyers.)
Thank you for choosing to be a part of New Sky Kids. We are a subscription based entertainment platform, providing edifying content for children and parents by granting our subscribers access to stream videos, songs, blogs, and other content over the Internet.
Opening a New Sky Kids Account
To use New Sky Kids, you must first open an account with us (the “Account”). To do so you must:
- be at least 18 years old; and
- provide complete and accurate registration information;
- provide a valid working email account at which you can receive communications from New Sky Kids about your Account and your or your children’s uses of the Service.
We use an age-gating process as part of the process of opening an account. If we consider you do not meet the above criteria due to the age-gating process or otherwise, we may, at our choice, either request confirmation of the above criteria, or deactivate the account.
Passwords; Responsibility for Users
As part of setting up an Account, you will be asked to provide a password to use to access your Account. Please keep this password safe and secure. You are solely responsible for any and all activity that occurs while you, your children and/or other authorized and permitted users are logged into your Account. You may not share your New Sky Kids Account with more than the number of authorized users. All Accounts are non-transferable.
Your Conduct in Accessing the New Sky Kids Service
We work hard to create a safe corner of the web for children to explore and play. As a member of this community we ask that in all your action you act to help protect the children and atmosphere that allows that. New Sky Kids holds and will exercise its right to edit, delete, or change comments and remove users at anytime, without notice or explanation, if it feels that safe atmosphere is being compromised.
To the extent the Account or such offering provides the capability, as user(s) of the Account and any of our offerings associated with New Sky Kids, you agree that you will not and will not allow your children to:
- abuse, harass, threaten, impersonate or intimidate others via any New Sky Kids Account, or transmit to other users via New Sky Kids Account, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
- contribute any user submission that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- You also agree not to impersonate any other person while using the New Sky Kids service, conduct yourself in a vulgar or offensive manner while using the New Sky Kids service, or use the New Sky Kids service for any unlawful purpose.
- decompile, disassemble or otherwise reverse engineer, or obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Account or any of our offerings or any aspect thereof, or otherwise circumvent any technological measure that controls access thereto;
- encumber, transfer, sublicense, distribute, reproduce, create derivative works of or otherwise modify any products or services made available through access to the New Sky Kids Account or any of our offerings;
- use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of a New Sky Kids Account or any of our offerings;
- disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party’s express consent; or
- bypass any measures we may use to prevent or restrict access to a New Sky Kids Account or any of our offerings;
- engage in any activity intended to obtain password, account, or private information from any user;
- transmit unwanted email or other communications;
- submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
- take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Account or any of our offerings or any other activities conducted on any site or app via any New Sky Kids Account or any of our offerings;
- state or suggest, directly or indirectly, that New Sky Kids endorses you or your child or children or, as applicable, any user generated content;
- use the New Sky Kids Account or any of our offerings for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Account or any of New Sky Kids offerings to breach any law, statute, or regulation (including, without limitation, those governing consumer protection, unfair competition, anti-discrimination, or false advertising); or
- permit your child or children (or knowingly permit any third party) to do any of the foregoing.
By accessing the New Sky Kids service, including the New Sky Kids website and user interfaces, you agree to use the New Sky Kids service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the New Sky Kids service.
You agree that all of the foregoing restrictions apply not only to the New Sky Kids service, but also to the servers and networks connected to any portions of the New Sky Kids service whether operated by New Sky Kids or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks. New Sky Kids has restricted ability for accounts to be accessed by multiple IP addresses. If a subscriber shares their account login information with others, New Sky Kids reserves the right to cancel and terminate the subscriber’s account.
Privacy and Communications Preferences
Subscription and Billing
You can find the specific details regarding your membership with New Sky Kids at anytime by visiting our website and clicking on the “My Account” link.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to a billing cycle (See “Billing” below). If we alter the offered membership plan price of New Sky Kids as a promotion or permanently, this will not alter the membership plan you are currently on. New Sky Kids holds the right to change pricing on memberships plans, subscription fees, or promotions at any time.
The membership fee will be billed at the beginning of the paying portion of your membership or after the stated free trial period and each period thereafter unless and until you cancel your membership. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the amount billed each period may vary from for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed periodically in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. At any time, and for any reason, we MAY provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the New Sky Kids website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information your subscription will be terminated.
A New Sky Kids membership will continue unless you cancel your membership or we terminate it. You must cancel your membership before it renews each period in order to avoid billing of the next period’s membership fees to your Payment Method. We will bill the membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
You may cancel your New Sky Kids membership at any time. Subscriptions based on the payment provider PayPal will be cancelled immediately, while subscriptions based on credit/debit cards and/or ACH bank draft will be cancelled at the end of the current billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on “Cancel Membership” on the “My Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”
Right to Terminate
New Sky Kids reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
The availability of movies, videos, songs & TV shows to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming movies, videos, songs & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. New Sky Kids streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies, videos, songs & TV shows will result in a minor increase to the amount of data New Sky Kids streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet service provider for information on possible Internet data usage charges. New Sky Kids makes no representations or warranties about the quality of your instant watching experience on your display.
Content Load Time
The time it takes to begin watching a video instantly will vary based on a number of factors, including your location, available bandwidth at the time, the movies, videos, songs, or TV shows you have selected and the configuration of your New Sky Kids ready device. For example, high-speed action scenes or special effects at the opening of a movie or TV show may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.
Device Requirements and Limitations
To enjoy watching instantly via your supported device(s), your equipment must satisfy certain system requirements. YOU WILL BE ALLOWED TO INSTANTLY WATCH ON THREE SUCH DEVICES AT ANY GIVEN TIME. The number of devices and concurrent streams may change without notice to you.
You may instantly watch a movie, video, or TV show through the New Sky Kids service only in geographic locations where we offer our service and have licensed such movie, video, or TV show. The content that may be available to watch will vary by geographic location. New Sky Kids will use technologies to verify your geographic location.
New Sky Kids Streaming Software
Furthermore, New Sky Kids reserves the right to discontinue service and/or support of a software application and will not be responsible for refunding payment as long as another software application is available to stream New Sky Kids content. We also reserve the right to make available new software applications and will not be responsible for refunding payment because of the software application not being previously available.
END USER LICENSE AGREEMENT
BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE NEW SKY KIDS END USER LICENSE AGREEMENT AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE NEW SKY KIDS AND RELATED THIRD-PARTY SOFTWARE.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all videos may cease to be available for watching instantly.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the New Sky Kids service, New Sky Kids implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the New Sky Kids service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your New Sky Kids ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a New Sky Kids ready device, you should logout and/or deactivate the device before doing so. Similarly, if your New Sky Kids ready device is lost or stolen, please deactivate the New Sky Kids ready device. If you fail to log out or deactivate your device, subsequent users may access the New Sky Kids service through your account and may be able to access certain of your account information. If you find that you’re a victim of identity theft and it involves a New Sky Kids account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the New Sky Kids website and not through a hyperlink in an email or any other electronic communication, even if it looks official. New Sky Kids reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. New Sky Kids is not obligated to credit or discount a membership for holds placed on the account by either a representative of New Sky Kids or by the automated processes of New Sky Kids.
Disclaimers of Warranties and Limitations on Liability
THE NEW SKY KIDS SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NEW SKY KIDS SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE NEW SKY KIDS SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. NEW SKY KIDS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NEW SKY KIDS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT NEW SKY KIDS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE NEW SKY KIDS SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. NEW SKY KIDS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, NEW KIDS SKY READY DEVICES, AND NEW SKY KIDS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the New Sky Kids service or on the New Sky Kids website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the New Sky Kids service and/or website or user interfaces, (iv) delivery and or display of any content contained on the New Sky Kids website, user interfaces, or otherwise through the New Sky Kids service; and (vii) any losses or damages arising from the use of the content provided on the New Sky Kids website, user interfaces, or otherwise through the New Sky Kids service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the New Sky Kids service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies & TV shows from the New Sky Kids service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the New Sky Kids service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon New Sky Kids or its affiliated parties.
NEW SKY KIDS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING NEW SKY KIDS READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.
Intellectual Property – Copyright
Intellectual Property – Trademarks
New Sky Kids is a trademark of New Sky Kids. The New Sky Kids logo, and NewSkyKids.com are trademarks or service marks of New Sky Kids. The New Sky Kids website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of New Sky Pictures, Inc. The trademarks, service marks and trade dress of New Sky Kids may not be used or reproduced without prior written approval from New Sky Kids and may not be used in connection with any product or service that is not affiliated with New Sky Kids, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of New Sky Kids, or in any manner that disparages or discredits New Sky Kids. Other trademarks that appear on the New Sky Kids website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by New Sky Kids. Any images of persons or personalities contained on the New Sky Kids website and user interfaces are not an indication or endorsement of New Sky Kids or any particular product or our service unless otherwise indicated.
Intellectual Property – Entertainment and Service Content
We distribute movies, television, other filmed entertainment, and music and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the New Sky Kids service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the New Sky Kids service are those of the respective authors or producers and not of New Sky Kids, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall New Sky Kids, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the New Sky Kids service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the New Sky Kids service.
Use of Information Submitted
New Sky Kids is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the New Sky Kids service, including the New Sky Kids website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the New Sky Kids service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note New Sky Kids does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to New Sky Kids. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against New Sky Kids and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies, videos, songs & TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Limitations on Use
Links and Pages
Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. If you received a promotional code through an offer by a third party, additional restrictions may apply.
Claims of Copyright Infringement
It is the policy of New Sky Kids to respect the intellectual property rights of others. New Sky Kids does not condone the unauthorized reproduction or distribution of movies, videos, songs or TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the New Sky Kids service, please notify us at support@NewSkyKids.com.
If you elect to seek arbitration, you must first send to New Sky Kids, by certified mail, a written Notice of your claim (“Notice”). The Notice to New Sky Kids should be addressed to: New Sky Pictures, Inc., P.O. Box 140887, Austin, TX 78714 (“Notice Address”). If New Sky Kids elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by New Sky Kids, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If New Sky Kids and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or New Sky Kids may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by New Sky Kids or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after New Sky Kids receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless New Sky Kids and you agree otherwise, any arbitration hearings will take place in Travis County, Texas. (If you reside outside of the United States, any arbitration will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of New Sky Kids’s last written settlement offer made before an arbitrator was selected (or if New Sky Kids did not make a settlement offer before an arbitrator was selected), then New Sky Kids will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND NEW SKY KIDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and New Sky Kids agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If you have any questions, please contact firstname.lastname@example.org.