PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. It is intended to be maintained as a service to the public and educators, and to serve as a repository of information relating to our podcast, The Kit Bull Story.
We provide the content and services available on the Website subject to the following terms and conditions of use (the “Terms”). For the purposes of these Terms, “The Kit Bull Story”,”TKBC”, “Us”, “Our” and “We” refer to thekitbullstory.com and “You”, “Your”, “Contributor”, and “User” refer to you – the visitor, website user, or person using our Website. By accessing or using any portion of the Website or any service or content on the Website, you are acknowledging that you have read, understand, and accept these Terms and agree, without limitation or qualification, to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use this Website.
TABLE OF CONTENTS
1. Changes To These Terms
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Website after the modifications have become effective will be deemed your acceptance of the modified Terms.
2. Privacy
Our Privacy Policy describes how we handle the information you provide to us when you use the Website. For an explanation of our privacy practices, please visit our Privacy Policy located at [ ⬤ ].
3. Ownership & Intellectual Property
The Website, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that we own all right, title and interest in and to the Website (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Website and its content (other than Your Content) including, without limitation, the exclusive right to create derivative works.
All content created by contributors to The Kit Bull Story (including kids’ drawing entries into competitions) is owned by those contributors, who retain full copyright of their own material. By using the Website and uploading your content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) your content but solely as required to be able to operate and provide the Website. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your content is stored with us), and include a right for us to make your content available to third parties if we determine such access is necessary to comply with our legal obligations. By posting or submitting your content through the Website, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your content. You agree that your content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
Our name, and all related names, logos, product and service names, designs and slogans are trademarks of The Kit Bull Story. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without our prior written consent. The use of the trademarks on any other website or network computer environment is not allowed.
4. Copyright Infringement
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Website have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website;
information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to The Kit Bull Story at [email address].
5. Your Use Of Our Website.
You may access copyrighted material available on the Website for your personal use or educational use only. We grant you a limited, revocable, and non-exclusive right to access and use the Website and the Content for your own informational use, or for educational purposes only. Except as otherwise expressly permitted under copyright law, no copying, downloading, redistribution, re-transmission, publication or commercial exploitation of any Content, in whole or in part, is permitted without the express permission of The Kit Bull Story and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or using copyrighted material.
In using Content in accordance with this Agreement, you may not:
state or imply that we are endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or
represent that you or your organization has a relationship with us or any of our content or unless that relationship is the subject of a written agreement between you and The Kit Bull Story.
We do not give you the right to, and you may not:
use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
make any use of the Website or its Content for any commercial use, including resale, re-circulation or redistribution, or use or allow the use of the Website or its Content by or for the benefit of, any other person or entity, except with our express prior written permission or as expressly permitted in this Agreement; or
modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Content except with our express prior written permission or as expressly permitted in this Agreement.
6. Competitions & Submitting Materials To Our Website
As part of our competition, users are invited to submit drawings of Kit interacting with another of your favorite characters from any of The Kit Bull Story episodes. All entries into our drawing competitions must be submitted by parents/guardians on behalf of those aged under 18. Following submission, all correspondence must be between The Kit Bull Story and the parent/guardian. Any submissions entered directly by anyone under 18 will be discarded and not form part of the competition. These competitions are run in accordance with our Privacy Policy. In relation to our competitions and submitted Materials:
You must send entries as required in the competition announcement on our Website in order to be eligible. Entries received after the deadline set forth in the competition announcement are ineligible, null, and void. We will not be responsible for and will not consider incomplete or incorrect entries, or entries submitted through other routes. We are not responsible for entries that are sent to but not received by The Kit Bull Story for any reason.
The competition will state a deadline for entry. Winners will have their drawings shown on a prominent winners’ page on our Website and social media pages alongside their names, age and country of residence and their names, age and country of residence announced in the winners’ podcast episode. In addition, the parent/guardian of each winner will be notified by email.
The winners will be chosen in three age brackets: drawing by individuals aged 7-9, drawings by individuals aged 10-12, and drawings by individuals aged 13-17.
The prize for winning the competition will be a t-shirt featuring the The Kit Bull Story logo. Winners will be responsible for all taxes and duties related to international shipping and delivery of t-shirts. This prize is non-transferable and may not be exchanged for alternate items or redeemed for cash.
Only one entry is allowed per person per competition. Any entries in excess of this number will be ineligible.
You (the contributor) retain the copyright for the drawing entered into a competition. By submitting an entry to the competition, you agree that we may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of the drawings in any and all media, whether now known or hereinafter created—throughout the world and for any purpose—without compensation to you of any kind. You represent and warrant that the drawings do not infringe on any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that you have the full and unrestricted right to transfer the drawings to us free and clear of any claims or encumbrances.
You acknowledge and agree that we shall have no obligation to use, post, display, or otherwise make publicly available any drawings that you submit.
You agree to hold The Kit Bull Story and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature that arise in connection with our use of the drawings submitted to The Kit Bull Story and used in any manner in our sole and absolute discretion.
Competitions are null and void in any jurisdiction where they are prohibited by law.
We reserve the right in our sole and absolute discretion to terminate any competition at any time without prior notice, and to alter any competition rules at any time.
Finalists and winners of competitions are chosen by us on the merits of each entry, in our sole and absolute discretion. No purchase or payment of any consideration is necessary to enter a competition.
In the event that a winner does not respond to our email notification within seven (7) days of winning a competition, we reserve the right to name a replacement winner.
By submitting an entry to the competition, you consent to receiving emails from The Kit Bull Story relating to this competition. Should you wish to unsubscribe from these emails, please respond directly to the email and indicate your desire to unsubscribe.
In submitting an entry to a competition, you agree that we may publish your child’s name, age, and country of residence (to the extent provided by you in the Competition Entry Form) on our Website, social media account and podcasts.
By entering a competition, you conclusively are deemed to have agreed to be bound by these competition rules and terms and conditions as well as by any rules specific to that competition. This is an irrevocable condition of entry.
7. Representations and Warranties.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE CONTENT OR TRADEMARKS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
YOU AGREE THAT THE KIT BULL STORY, AND OUR AFFILIATES, PARTNERS, OWNERS, AGENTS AND EMPLOYEES (“TKBS PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT THE PRESENCE OF OR HYPERLINKING TO OR FROM NON-TKBS LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM NON-TKBS WEBSITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER THE TKBS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT OR TRADEMARKS THEREIN (OR YOUR USE THEREOF) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TKBS PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL THE TKBS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $50.00 USD.
9. Intellectual Property Claims.
You agree, at your own expense, to defend, indemnify and hold the TKBS Parties harmless for any loss, damages or costs incurred by the TKBS Parties, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of or relating to (a) your use of the Website, Content or Trademarks, including any Submissions; (b) your violation of these Terms or any law or the rights of any third party; or (c) any Submission that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website. You may not in any event settle any such third party claim, action or demand without our written consent. We reserve the right to, in our sole discretion and at our own expense, participate in or assume the exclusive defense and control of any such third party claim, action, or demand otherwise subject to indemnification by you.
10. Governing Law and Venue.
These Terms are governed by the laws of the State of New York, without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts located in New York County, New York, with respect to any disputes arising out of or relating to your use of the Website, and you hereby irrevocably waive all defense of lack of personal jurisdiction and forum non-conveniens. Any cause of action or claim you may have arising out of or relating to the Terms of Use or the Website must be commenced within one (1) year after the case of action accrues. Otherwise, such cause of action or claim is permanently barred.
11. No Right to Access.
We have the right to restrict, suspend or terminate your access to the Website if, in our sole discretion, you fail to comply with any provision of these Terms. We may also discontinue or change the Website or any service therein, or its availability to you, at any time and for any reason, and without prior notice or liability.
12. Entire Agreement.
These Terms, together with Our Privacy Policy, constitute the complete and exclusive agreement between you and The Kit Bull Story concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between The Kit Bull Story and you.
13. No Third Party Rights.
Nothing contained in these Terms provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any third party beneficiary rights.
14. Waiver.
Our failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of that provision at any other time.
15. Severability.
In the event that any provision of these Terms shall be declared unenforceable or invalid under any applicable law by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force and effect. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
These Terms were last updated: 2022.