Peanut Butter and Jelly TV L.L.C
Welcome to Peanut Butter and Jelly TV! Before you register your Peanut Butter and Jelly TV account, you must read and agree to these Terms of Service (“Terms of Service”) and the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):
The following terms and conditions (the “Terms and Conditions”) govern your use of this web site, and any content made available from or through this web site, including any subdomains thereof (the “Web Site”). The Web Site is made available by Peanut Butter and Jelly TV L.L.C. (“Peanut Butter and Jelly TV.” or “we” or “us”). Although we may attempt to notify you via the email address you provide when major changes are made, you should visit this page periodically to review the terms. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
Description of Service. Peanut Butter and Jelly TV offers a webcam system that allows authorized family members to view their children during the daycare center’s operating hours. As a Peanut Butter and Jelly TV user, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Peanut Butter and Jelly TV disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Peanut Butter and Jelly TV does not provide remote video storage or retrieval services and all video is the property of the daycare center. Also, Peanut Butter and Jelly TV reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Personal Use. The Service is made available to you for your personal use only and you agree not to share your access to or any pictures, images or video obtained via the Peanut Butter and Jelly TV service with any non-authorized Peanut Butter and Jelly TV users. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, agree not to share your account login information with anyone at anytime and are responsible for all activities that occur hereunder. Peanut Butter and Jelly TV reserves the right to refuse service to anyone at any time without notice for any reason.
Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You agree to access the Service by logging in at https://www.peanutbutterandjellytv.com or as otherwise authorized by your Center. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Peanut Butter and Jelly TV ; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Peanut Butter and Jelly TV reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. I understand that my account may be terminated for excessive use (for example creating a script to automatically refresh images).
Content of the Service. Peanut Butter and Jelly TV takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Peanut Butter and Jelly TV have any obligation to monitor such third party content. Peanut Butter and Jelly TV reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Peanut Butter and Jelly TV also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Peanut Butter and Jelly TV, its users and the public. Peanut Butter and Jelly TV will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
Publicity. Any use of Peanut Butter and Jelly TV trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) is prohibited without the expressed written permission provided by Peanut Butter and Jelly TV.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Peanut Butter and Jelly TV to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Intellectual Property. The specific Customer (your school) owns all rights to the video/audio data and recordings. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Content and Service. You understand that unauthorized recording, duplication, or distribution of this copyrighted work is illegal. Copyrighted work includes all web streaming and video/audio data and recordings. Legal action can be taken against you by any specific Customers, who is or can be effected by such copy right infringement. Criminal copyright infringement, including infringement without monetary gain, may be investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.00. Peanut Butter and Jelly TV does not record or provide video/audio storage off-site or on any of the Peanut Butter and Jelly TV servers. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Advertisements. As consideration for using the Service, you agree and understand that although it does not do so at this time, Peanut Butter and Jelly TV may, at some point in the future, display ads and other information adjacent to and the Peanut Butter and Jelly TV user interface.
Termination/Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Peanut Butter and Jelly TV by notifying Peanut Butter and Jelly TV via e-mail or telephone. Peanut Butter and Jelly TV may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Peanut Butter and Jelly TV has previously canceled or terminated your use of the Services (in which case subsequent notice by Peanut Butter and Jelly TV shall not be required), if you have provided an alternate email address, Peanut Butter and Jelly TV will notify you via email of any such termination or cancellation, which shall be effective immediately upon Peanut Butter and Jelly TV delivery of such notice.
Account Inactivity. After a period of inactivity, Peanut Butter and Jelly TV reserves the right to disable or terminate a user’s account. If an account has been deactivated for inactivity, the Username associated with that account may be given to another user without notice to you or such other party.
Indemnification. You agree to hold harmless and indemnify Peanut Butter and Jelly TV, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Peanut Butter and Jelly TV will provide you with written notice of such claim, suit or action.