Terms & Conditions

KidsCOOK Productions and KickinKitchen.TV

Terms of Use

SUBMISSIONS BECOME THE SOLE PROPERTY OF KidsCOOK PRODUCTIONS

The Participant and the Participant’s parent or legal guardian relinquish property rights to the submission, and the submission becomes the sole property of KidsCOOK Productions.  In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through a KidsCOOK Productions or KickinKitchen.TV site (each a “Site,” and collectively, “Sites”).

KidsCOOK Productions reserves the right to use, reproduce, edit, display, transmit, borrow from, modify, publish, and otherwise make use of any Submissions in any and all media, whether now known or hereinafter created, throughout the world and for any purpose, including promotional materials, without permission, notice or compensation, except where prohibited by law.

The Participant agrees to hold KidsCOOK Productions harmless from and against and hereby waive any right to pursue any claims of any nature arising in connection with KidsCOOK Productions’s use of and the Participant’s Submissions used in any manner, in KidsCOOK Productions’s sole and absolute discretion.

The Participant guarantees that the Participant is the original author, designer, inventor, creator or developer of all Submissions provided by the Participant and that to the best of the Participant’s knowledge, the Participant has not incorporated any material that would infringe, misappropriate or violate any copyright or intellectual property rights of any person or entity. KidsCOOK Productions is not responsible for any and all liability resulting from claims from a third party that there has been copyright or intellectual property infringement.

RELEASE OF LIABILITY

The Participant and the Participant’s parent(s) or legal guardian(s) agree to be bound by these rules and hold KidsCOOK Productions and its employees, sponsors, representatives, and affiliated entities harmless of any damages, losses, claims, and liabilities arising out of participation in these contests or resulting from acceptance or claiming of any prize. Income and all other taxes are the sole responsibility of the winning Participant and the Participant’s parent(s) or legal guardian(s).

KidsCOOK Productions reserves the right, in its sole discretion, to terminate or cancel one or more of the contests at any time. In the unlikely event that cancellation of one or more of the contests occurs, a notice will be posted on the Site of the cancelled contest and no prizes will be awarded.

RULES OF CONDUCT

The following Rules of Conduct apply to the KidsCook Productions and KickinKitchen.TV Sites. By using the KidsCook Productions and KickinKitchen.TV Sites, you agree that you will not distribute any Submission that:

  1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
  2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without the person’s express permission) or publicity; or (c) any confidentiality obligation;
  4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Sites; or
  6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a amendment to these terms of use, we will post notice of such amendment on the Sites covered by these terms of use. Any such amendment to these terms of use will be effective upon the posting of the amended terms of use.