Welcome to the Smart Kidz Radio Website (“Smart Kidz Radio”). The services we provide on our website are subject to the following terms and conditions. Each time you visit or use our services, you accept these terms and conditions. Please read them carefully.
Smart Kidz Radio is a free website that provides educational songs and stories through the Internet that are appropriate for children ages 3 – 12 years of age. We use our Internet streaming technology to bring this high-quality media to children 24/7. Kids can access the media anywhere, anytime and on any device in a safe, secure entertainment environment.
Third Party Technology & Services
You are expressly prohibited from engaging in (or assisting others to engage in) any action or conduct that could reasonably interfere with this WEBSITE or THE SERVICE including: (a) storing, editing, changing, preparing any derivative work of, or altering in any way any of the music streamed through THE SERVICE; (b) selling, leasing, assigning, sublicensing or otherwise transferring THE SERVICE; (c) modifying, translating, editing, reverse engineering, decompiling or disassembling this WEBSITE and/or THE SERVICE; (d) creating derivative works based upon THE SERVICE; or (e) altering, destroying or otherwise removing any proprietary notices embedded within THE SERVICE ("Prohibited Conduct").
SMARTKIDZ RADIO may, in its sole discretion, immediately suspend or terminate your access to THE SERVICE if it believes that you have, or intend to engage in any Prohibited Conduct.
Any and all copyrights residing on this WEBSITE and THE SERVICE attributable to SMARTKIDZ RADIO are the sole property of SMARTKIDZ RADIO. Any and all music available by THE SERVICE is used under license by SMARTKIDZ RADIO, the property of its respective owner(s), and protected by United States and international copyright laws. No underlying right, title or interest in or to any music will pass to you by virtue of using THE SERVICE.
SMARTKIDZ RADIO and all other related trademarks (including, without limitation, graphics, logos, page headers, button icons, scripts, and service names) displayed on or within THE SERVICE or on this WEBSITE are trademarks of SMARTKIDZ RADIO or respective licensors and are protected by U.S. and international law ("Marks"). The Marks may not be used in connection with any product or service without the owner’s express written permission and all goodwill associated with the use of such Marks will inure to the benefit of their respective owners.
Third Party Links
SMARTKIDZ RADIO may provide links to other sites over which SMARTKIDZ RADIO has no control. SMARTKIDZ RADIO is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third party websites or resources.
SMARTKIDZ RADIO uses commercially reasonable measures to protect unauthorized access and THE SERVICE. REGARDLESS OF THE EFFORTS SMARTKIDZ RADIO UNDERTAKES WITH RESPECT TO SECURITY OR OTHERWISE, SMARTKIDZ RADIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF SMARTKIDZ RADIO WILL BE ERROR-FREE OR SECURE.
IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
SMARTKIDZ RADIO does not accept unsolicited feedback, suggestions or other information about this WEBSITE or THE SERVICE. If you provide comments, email suggestions or feedback, SMARTKIDZ RADIO will be free to use any of the same for any purpose, including improving its products and services and creating derivative technologies without additional compensation.
SMARTKIDZ RADIO may run promotions which will be governed by separate set of terms and conditions. A link to these terms and conditions will be found on this WEBSITE, alongside details of the specific promotion and other opportunities. It is your responsibility to read those terms and conditions for details.
Disclaimer of Warranties
SMARTKIDZ RADIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THIS WEBSITE FOR YOUR PURPOSES, OR THAT THEY WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SERVICE AND THIS WEBISTE ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Exclusion of Damages; Limitation of Liability
Governing Law and Jurisdiction; Arbitration
Copyright Disclaimer Under Section 107 of the Copyright Act of 1976
Copyright disclaimer Under Section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational, or personal use tips the balance in favor of fair use.
What is copyright section 107?
Modification date: December 23, 2019. The definition of Educational Fair Use Section 107 is a Section within the scope of copyright law that addresses the use or reproduction of a copyrighted source that may be considered not only 'fair', but also appropriate, legal, and ethical.
What is the fair use doctrine?
Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.
Definition of Educational Fair Use Section 107: Modified date: December 23, 2019
The definition of Educational Fair Use Section 107 is a Section within the scope of copyright law that addresses the use or reproduction of a copyrighted source that may be considered not only ‘fair’, but also appropriate, legal, and ethical. The Educational Fair Use Section 107 primarily addresses the use of criticisms, notes, reports, historical perspectives, scholarly texts, and the subsequent extraction of information.
Although there currently does not exist a uniform parameter by which the usage of such scholarly resources can be used, their respective usage, as well as the subsequent validity of that usage, is measured on a case-by-case basis on the part of the U.S. Copyright Office. These parameters consist of:
The prospect of profiting from the usage as stated in the Educational Fair Use Section 107 in a commercial sense;
The amount of original content contrasted with copyrighted content;
The integrity of the nature of the work itself in tandem with the copyrighted work;
The avoidance of slander, libel, and defamation within the work addressed by the Educational Fair Use Section 107.
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