Welcome to the Entertainment One App Terms & Conditions (the “Terms”) for children’s mobile apps (“Apps”). These terms apply to all Apps provided through app stores that provide or link to these Terms, including Apps for the Peppa Pig, PJ Masks, Ben & Holly and Ricky Zoom brands (the “Brands”). Please note that websites for these Brands operate under separate Terms as posted on those sites.
Entertainment One UK Limited is registered in England and Wales under company number 02989602 and located at 45 Warren Street, London, W1T 6AG, UK. Our VAT number is GB 815 3301 64.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR APPS.
By installing or using any of our Apps you confirm that you accept and agree to these Terms, and are of legal age to do so. If you do not agree to these Terms or violate them in any way, you may not use our Apps. If a minor is using our Apps, you confirm that you accept these Terms as their parent or guardian. Please see Sections 12-13 below regarding your legal rights in any dispute involving our Apps.
We may amend these Terms from time to time, and by using any Apps after such modification, you accept the new Terms, so please check them on occasion (the latest revised date is posted below at the very end). We may make improvements or changes to the Apps or any electronic content, functionality, features, or applications therein (collectively, our “Materials”) at any time, and we may in our sole discretion restrict, suspend, or terminate access to all or any part of the Apps at any time, for any or no reason, with or without prior notice, and without liability.
Our Apps are designed partly for use by children, and there are no age barriers to those accessing the Apps. Users under 18 should only use the Apps with the permission of a parent or guardian. The parents or guardians of anyone under 18 using the Apps should review these Terms carefully. Any information submitted and/or read by minors are subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use the Apps to monitor their activities when using any online services. If you permit a child to use a device to access, view or listen to content on the Apps, you are solely responsible for deciding whether or not that content is appropriate for that child.
4.Our Materials are for entertainment, informational or educational purposes only
The Materials in our Apps are provided for general entertainment, informational or educational purposes only. Although we make reasonable efforts to provide high-quality information through in our Apps, we make no representations, warranties or guarantees, whether express or implied, that our Materials are accurate, complete or up to date.
5.Our promotions and competitions
From time to time we may run promotions or competitions through our Apps. If you wish to take part in any such competition you must at the time of entry confirm that you agree to be bound by the relevant promotion or competition terms and conditions, and any other specific rules which may apply from time to time to any such promotion or competition.
6.Payments and billing
If you elect to use fee-based portions of the Apps, you may be required to pay a fee (“Fee”) on a one-time or subscription basis (“Subscription”). The applicable terms for any Fees or Subscriptions are generally governed by the particular app store through which you process the transaction. Where possible, we may notify you via email in advance of Subscription renewals. We may revise the Fees or Subscriptions at any time, which will be effective as of the next billing cycle. If you opt-in to paying a Fee or Subscription for any Apps, you (i) agree to pay us the applicable amounts in accordance with these Terms and applicable app store terms, (ii) authorize us or the app store (as applicable) to charge you via your provided payment method, and (iii) agree to such payment(s). All Fees and Subscriptions are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) other than taxes based on our income (collectively, “Taxes”). You are responsible for paying all such Taxes.
Once initiated by you, payment obligations are non-refundable. Note that EU residents may request a refund within 14 days of purchase unless downloading or streaming of purchased content has started. Except as expressly set forth in these Terms, applicable app store terms, or otherwise agreed-upon with us in writing, we do not issue refunds of any Fees or Subscriptions for early cancellation or any other reason. Unless provided otherwise, Fees and Subscriptions provide access to Materials for up to 12 months after purchase and expire thereafter.
You are responsible for any activity that occurs through your account(s) with any Apps. All information you provide to us upon registration and at all other times must be true, accurate, current and complete to your knowledge and you agree to update your information as necessary to maintain its truth and accuracy. You are also responsible for ensuring that all persons who access our Apps through your device(s) are aware of these Terms and other applicable terms and conditions, and comply with them.
If you choose, or you are provided with, a user identification code, password or other information as part of our security procedures (“Credentials”), you must treat such information as confidential and not disclose it to any third party. We have the right to disable your Credentials at any time if in our reasonable opinion you have failed to comply with these Terms. If you know or suspect that anyone other than you knows your Credentials, promptly notify us via the contact information posted below.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Apps to human readable form or create derivative works based upon the Apps or any part thereof; (b) disable any licensing or control features of the Apps; (c) introduce into the Apps any virus or other code or routine intended to disrupt or damage the Apps, or alter, damage or delete any Materials, or retrieve or record information about the Apps or its users; (d) merge the Apps or Materials with another program or create derivative works based on the Apps or Materials; (e) remove, obscure or alter any notice of the copyright or other proprietary legends on the Apps or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Apps to others; (g) use, or allow the use of, the Apps or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Apps; (i) access or use the Apps by means of any automated program, expert system, electronic agent or “bot”; (j) give any other person or entity unauthorized access to the Apps; or (k) scrape, copy, republish, license or sell data or information from the Apps.
8.Our intellectual property rights
We (with our licensors) own all Materials available through the Apps, including the visual interfaces, interactive features, graphics, scripts, photos, sounds, music, videos, designs, compilations, computer code, products, software, text, usage data, system logs, and all other elements and components of the Apps. We (with our licensors) own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Apps, which are protected by applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Materials in whole or in part except as expressly authorized by us or the applicable licensor. Except as expressly and unambiguously provided herein, all such rights are reserved.
Our Brands are subject to many registered trademarks controlled by us, our parent companies or our licensors. You are not permitted to use our trademark without our advance written approval.
Under this license, you may download or print screenshots from our Apps for your personal use and you may privately draw the attention of others (e.g., your friends and family) to Materials posted on our Apps. You must not modify or distribute our Materials for any commercial purpose, and may not post or distribute any Materials with any indecent or inappropriate modifications, or in any manner that would be inconsistent with our Brands, unfair, illegal or potentially damage our reputation or take advantage of it.
9.Advertisements or other links for other apps, websites and services
Our Apps may provide contextual advertisements or links for websites, apps or services operated by other entities that may be of interest to our users. If you visit any advertised or linked websites, apps or services, you do so at your own risk. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any advertised or linked websites, apps or services, or any information or products appearing therein. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITE, APPS OR SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
10.Linking to our Apps
You may link to our Apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not reference or link or our Apps in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of Materials other than that set out above, please contact email@example.com.
11.App store terms
If you access our Apps from a third party app store platform (e.g., Apple, Google, Amazon Samsung, Huawei) (“App Store”), your access and use of the Apps will also be subject to that App Store’s terms (“App Store Terms”). For informational purposes, note that the App Store Terms generally provide that you agree or acknowledge as follows:
- These Terms are between you and us only, and not with the App Store, and the App Store is not responsible for our Apps and Materials. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the App Store has no warranty obligations whatsoever with respect to the Apps.
- Your license to use the Apps is limited to a non-transferable license to use the Apps on any devices supported by that App Store that you own or control, and as permitted by the usage rules set forth in the App Store Terms, except that the Apps may at times be accessed and used by other accounts associated with you (e.g., via family sharing programs).
- The App Store is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the Apps or your possession and use of Apps infringe that third party’s intellectual property rights, we, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Under some App Store Terms, you must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- The App Store provider with its legal affiliates are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
12.Disclaimer of warranties; Limitation of liability; Indemnity
THE APPS AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPS OR MATERIALS ARE ACCURATE, RELIABLE OR CORRECT IN ALL RESPECTS, THAT THE APPS OR MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPS AND MATERIALS IS SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties, some of these exclusions may not apply to you.
WE (TOGETHER WITH OUR SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, AND AGENTS (COLLECTIVELY, “RELEASEES”)) ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE APPS OR MATERIALS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
BY ACCESSING THE APPS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The provisions in these Terms are intended to be only as broad and inclusive as is permitted by applicable law. We reserve all rights, defenses, and permissible limitations under applicable law.
You agree that you will be responsible for any damages resulting from your violation of these Terms or applicable laws, and you further agree to indemnify and hold all Releasees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these Terms or applicable laws.
13.Jurisdiction; Governing law; Class action waiver
Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER 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 ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
We make no representation that the Apps or Materials are appropriate, lawful, or available for use in all countries or jurisdictions. You are responsible for your compliance with local laws.
14.Entire agreement; Severability
These Terms and your use of the Apps do not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Any rights or licenses granted under these Terms may not be transferred or assigned by you, but may be assigned by us without restriction. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
15.How to contact us
To contact us, you can write to us at Entertainment One UK Limited, Part Ground and First Floor, Shropshire House, 2-20 Capper Street, London WC1E 6JA, United Kingdom; telephone our office on 020 3691 8600; or use the following email addresses, as applicable:
- For any privacy related queries: firstname.lastname@example.org
- For general inquiries & technical issues: email@example.com
These Terms were last updated March 28th, 2022.