Terms of Use

This Terms of Use is effective and was last updated as of August 11, 2015 (the "Terms").

The SKIT! Kids app and website (the "Service") are owned and operated by Storytime Studios, Inc. Herein, Storytime Studios, Inc. is referenced by it's Service, SKIT! Kids When we refer to "SKIT! Kids" or the Service, we are also refering to the full legal entity, Storytime Studios, Inc.

By accessing or using the Service you agree to be bound by these Terms of Use and our Privacy Policy currently found here and incorporated herein by reference. These Terms of Use govern your and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials (collectively, the "Content") that are uploaded, transmitted, tagged or posted by you or our other users in connection with the Services. If you do not agree to be bound by this Terms of Use, you are not permitted to use our Services.

We may, at our sole discretion, modify or revise this Terms of Use and policies at any time by giving notice on the Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although SKIT! Kids will attempt to notify you when major changes are made to this Terms of Use, you should periodically click on our Terms of Use to review any updates. All changes shall be effective immediately when we post them.

These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services.

  1. Content
  2. Conditions of Use
  3. Third Party Links
  4. Use License
  5. Warranty and Limitation of Liability
  6. Indemnification
  7. DMCA Policy
  8. Account Termination Policy
  9. Terms of Use Modifications
  10. Miscellaneous
  11. Would you like to contact us?

1. Content

All content created using the Services is the sole responsibility of the creator who originated the content. You agree that all Content you may be exposed to by using the Services is at your own risk and you are solely responsible for any damage or loss you incur from using these Services.

  • SKIT! Kids reviews all profile names, profile images, and content posted by anyone under 13 who has parent consent to use SKIT.
  • All other content including skits posted by anyone 13 or over is not reviewed prior to it being posted through the Services.
    • A user of the SKIT! Kids app can only view and interact Skits that match their age settings which are set during registration by an adult. For example, a G-rated user can only watch G-rated videos, and so-on. This ensures a quality and safe experience for users of all ages.
  • By Posting Content to our server, you guarantee us that you have the right to make this Content available for use in accordance herewith.
  • You further agree that Content you Post to the Services will not contain third party copyrighted material, or material that is subject to other third party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant SKIT! Kids all of the license rights granted herein.
  • We reserve the right to remove hosted content and take technical and legal steps to bar users from the Website and/or the Services if we believe them to be in violation of this Terms of Use.
    • If you feel that any Content currently Posted is in violation of this Terms of Use, please "Flag" the content for review in the SKIT! Kids app's "Explore" section.
  •  Because of the social nature of Content shared through our Services, when you Post something publicly on our Website or through our Services, others may choose to add descriptive commentary and tags to your Content and/or to Remix your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile.
    • As such, and in order to maintain the integrity of the Services, you agree that SKIT! Kids's rights under the User Content License will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.
  • Upon termination of your Account or upon your deletion of any Content from the Services, SKIT! Kids shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that:
    • (a) caching of, copies of, or references to such Content may not be immediately removed;
    • (b) such removed Content may persist in backups for a reasonable period of time; and
    • (c) such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been Remixed.
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2. Conditions of Use

You are responsible for all of your activities related to using the Services.
And you agree that you are responsible for any and all data usage charges you incur though the use of SKIT! Kids Services.

To use the SKIT! Kids app you must be at least 13, or you must have parental or teacher consent delivered via our Activation Email. SKIT! Kids complies with the rules and regulations of the Children’s Online Privacy Protection Act (COPPA) when it comes to the collection of information from users under 13. For more details please review our Privacy Policy.

 You agree that you will not use the Services to create and/or distribute Content that

  • infringes the intellectual property rights of others; 
  • is intentionally false, misleading, or inaccurate; 
  • is unlawful, violent, nude or partially nude, infringing, hateful, sexually suggestive, or is otherwise inappropriate as determined by us; 
  • constitutes spamming; 
  • is harmful, such as software viruses intended to disrupt, interfere, or damage proper functions of any software or hardware; and 
  • includes anyone’s sensitive information (financial or personal).
  • is in violation of our Community Guidelines.

Specifically, you may not do any of the following while accessing or using the Services:

  • Take any actions with respect to your use of the Services that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts;
  • Post any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to Posting discriminatory, racist or xenophobic Content;
  • Post any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured;
  • Post any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Post any Content that you do not have a right to do so under any law or under any contractual or fiduciary relationship;
  • Post any Content that encourages excessive consumption of alcohol or illegal substances, or encourages minors to consume alcohol or smoke cigarettes;
  • Post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website, our mobile applications or the Services, or any system or computer our visitors and users access the Website, mobile applications or Services from;
  • Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website, in violation of our robot.txt.
  • Violate any applicable local, state, national, or international law
  • Post any Content that includes images or videos of children, without first obtaining the consent of their parent or guardian to Post such Content;
  • Post any Content, or take any other actions with respect to your use of the Website or our Services, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
  • Send unsolicited messages to users (spam) for commercial purposes;
  • Use the Website our Services for commercial purposes without our prior written consent;
  • Solicit other guests of the Website or our Services to become members of any commercial on-line service or other group or organization without first obtaining our express written consent;
  • Access, tamper with, or use non-public areas of the Services, SKIT! Kids’s computer systems, or the technical delivery systems of SKIT! Kids’s providers;
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SKIT! Kids;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
  • Access Skit’s private API by means other than the official app; or
  • Post any Content that encourages thinspiration, depression, suicide, self-harm, eating disorder, drug use or any behavior that can negatively influence other users. 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: 

  • satisfy any applicable law, regulation, legal process or governmental request,
  • enforce these Terms of Use, including investigation of potential violations hereof,
  • detect, prevent, or otherwise address fraud, security or technical issues,
  • respond to user support requests, or
  • protect the rights, property or safety of us, our users and the public.

 We reserve the right to terminate your access to SKIT! Kids Services for any reason, without notice, and at any time. Upon termination, all licenses and other rights granted to you in this Terms will immediately cease.

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3. Third Party Links

SKIT! Kids has not reviewed all of the sites linked to its Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SKIT! Kids of the site. Use of any such linked web site is at the user’s own risk.

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4. Use License

Generally speaking, SKIT! Kids follows the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licensing approach for skit videos created and shared.

We grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial purposes or in any way that violates any third party right.

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).

You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

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5. Warranty and Limitation of Liability

The materials on SKIT! Kids are provided “as is.” SKIT! Kids makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SKIT! Kids does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

The materials appearing on SKIT! Kids and any related materials could include technical, typographical, or photographic errors. SKIT! Kids does not warrant that any of the materials on its web site are accurate, complete, or current. SKIT! Kids may make changes to the materials contained on its web site at any time without notice. SKIT! Kids does not, however, make any commitment to update the materials.

In no event shall Storytime Studios, Inc. (makers of SKIT! Kids) be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use SKIT! Kids, even if Storytime Studios, Inc. (makers of SKIT! Kids) or a Storytime Studios, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You understand that your use of the Services may expose you to content that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. You agree that SKIT! Kids is not in any way liable or responsible for the conduct of users of SKIT! Kids Services. We make no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

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6. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.


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7. DMCA Policy

Storytime Studios, Inc. respects the intellectual property rights of others, and expect users of the SKIT! Kids services to do the same. Storytime Studios, Inc. will respond in good faith to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act.

If you believe that content in SKIT! Kids and all related services infringes on one or more of your copyrights, please notify us by providing a written notice to our designated agent listed below. The written notice must contain the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your written notice should be sent to our designated agent at this address:

Storytime Studios, Inc.
attn: DMCA
46 Savary Avenue
Sagamore Beach, MA 02562
USA
OR by email to: support@skitapp.com with the subject line: DMCA.

Storytime Studios, Inc. reserves the right to remove Content alleged to be infringing without prior notice. We also reserve the right to suspend or terminate a user’s account if it has been determined that the user is a repeat infringer.

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8. Account Termination Policy

We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer. We also reserve the right to decide whether Content violates this Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and at our sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of this Terms of Use.

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9.Terms of Use Modifications

Storytime Studios, Inc. may revise these terms of use for its SKIT! Kids services at any time without notice. We will attempt to notify you through your registered email address of changes. By using SKIT! Kids you agree to be bound by the current version of these Terms and Conditions of Use. We reserve the right to change these Terms of Use at our discretion at any time. You agree that we may notify you of the updated Terms of Use by posting them on our website, www.skitapp.com/terms. The updated Terms of Use will be effective at the time of posting.


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8. Miscellaneous

Governing Law
Any claim relating to SKIT! Kids services shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.

Disclaimers and Limitation of Liability

No Express or Implied Warranties. OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, SKIT! Kids MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT). SKIT! Kids DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKIT! Kids WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW WARRANTIES TO BE EXCLUDED, RESTRICTED OR MODIFIED AND CONTAIN LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR PLACE OF RESIDENCE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. AS SUCH, WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY FURNISHING A PORTION OF OUR SERVICES. USE OF OUR SERVICES AND ANY RELIANCE BY YOU UPON OUR SERVICES IS AT YOUR SOLE RISK. THIS INCLUDES ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE.

Limitation of Liability.

IN NO EVENT SHALL SKIT! Kids, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKIT! Kids IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SKIT! Kids SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE WE COLLECT FROM YOU, IF ANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. The Services are controlled and offered by SKIT! Kids from its facilities in the United States of America. SKIT! Kids makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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Would you like to contact us?

If you have any questions about these terms and how they govern your experience on the SKIT! Kids app please send a detailed message to support@skitapp.com and we will get back to you promptly. For questions related to child privacy you may call SKIT! Kids support at (617) 701-7757.

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