Terms of Use

Terms of Use Agreement
Welcome to www.yogabbagabba.tv (the “Website”) brought to you by GabbaCaDabra, LLC (“GabbaCaDabra” or “we” or “us”).  The following Terms of Use Agreement (“Terms of Use” or “Agreement”) governs your use of the Website and the associated online services listed here, so please read these Terms of Use carefully before using the Website.  These Terms of Use constitute a legally binding contract that affects your legal rights and obligations. By visiting or using the Website, you accept and agree to abide by these Terms of Use.  If you do not agree with any of these Terms of Use, please do not use this Website.  These Terms of Use contain disclaimers of warranties and limitations of liability that may be applicable to you.

We may change these Terms of Use from time to time, at any time, without notice to you, and any such modifications will be effective and binding upon you on posting, and your use of the Website after such posting constitutes your acceptance of the Terms of Use as amended.  Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

1. Limited License

The Website, including all content, works of authorship, designs, text, graphics, images, photos, sound recordings, product descriptions, pricing information, drawings, logos, button icons, videos or other information or materials available via the Website, including without limitation any such items provided through any services offered on the Website (collectively, “Content”) are for your personal, non-commercial use only.  Any commercial or promotional use of the Website or any Content is strictly prohibited without the express prior written permission of GabbaCaDabra.  You may not download, upload, copy, reproduce, publish, distribute, disseminate, display, perform, transmit, modify, create derivative works from, perform, broadcast, transfer, sell, license or otherwise use in any way any Content, except as expressly permitted by these Terms of Use. You may not alter, edit, delete, remove, modify or repurpose any of the Content on the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.  You agree that you will not disassemble, decompile, reverse engineer, or otherwise modify any Content.

Your right to use this Website and any Content on the Website is subject to your acceptance of and compliance with these Terms of Use at all times.  We reserve the right at any time, with or without cause, to change the terms and conditions of these Terms of Use, change the Website, including eliminating or discontinuing any Content on or through the Website, and/or deny or terminate your use of or access to the Website.  We reserve the right to decline to provide services to any person for any or no reason.

2. Copyrights and Trademarks

GabbaCaDabra respects the intellectual property rights of others and asks you to do the same.  This Website and all Content, any improvements or modifications to the Content, any derivative works based on the Content, and the collection, arrangement, and assembly of all Content is the property of GabbaCaDabra or its partners and licensors, and are protected by Canadian, United States and international copyright and other intellectual property laws.  The trademarks, logos, service marks and trade names displayed on this Website are the registered and unregistered proprietary marks of GabbaCaDabra and others, and this Website’s trade dress is owned by GabbaCaDabra (collectively, the “Trademarks”).  The Trademarks may not be used in connection with any products or services that are not associated with or sponsored by their respective owners, or that are likely to cause customer confusion, or in any manner that disparages or discredits such owners.  You may not use, copy, modify or display any of the Trademarks appearing on the Website without the written permission of GabbaCaDabra and/or the third party that owns the applicable Trademark.  If you make other use of the Website, or the Trademarks or Content, except as otherwise provided above, your permission to use the Website will be immediately terminated and you may be in violation of copyright, trademark and/or other intellectual property laws of Canada, the United States, and/or the laws of other countries and may be subject to liability for such unauthorized use.

3. Privacy Policy

Our Privacy Policy (“Privacy Policy”), located at here, details the collection and use of personal information in connection with the use of this Website.  Our Privacy Policy is incorporated to this Terms of Use by this reference.  You consent and agree that all personal information we obtain about you or your child (including but not limited to via the Website, social media, email or other similar means, but not offline) shall be subject to the terms of our Privacy Policy, which we may change from time to time.  You acknowledge and agree that you are solely responsible for the accuracy and content of all such personal information, and you agree to keep it up to date.

We have taken significant efforts to develop our Website and Privacy Policy in compliance with the requirements established by the Children’s Online Privacy Protection Act (“COPPA”). COPPA requires that we inform parents and legal guardians (“parents”) about how we collect, use, and disclose personal information from our Website visitors who are under 13 years of age (“kids”), and that we obtain a parent’s consent before we collect any personal information from kids.  By “personal information”, we mean information that identifies or allows us to contact or identify a particular individual, and may include the individual’s full name, postal address, e-mail address, telephone number, geolocation information, (under certain circumstances) IP address, and photos, videos or audio files depicting that particular individual.

4. Submissions

Unless specifically requested, we do not solicit or wish to receive any ideas, suggestions, confidential, secret or proprietary information or any other materials from you through the Website, by email or otherwise. Therefore, please do not send GabbaCaDabra any unsolicited materials of any kind (e.g., ideas for toys, games, or other products, or user-generated content, or stories, drawings, designs, concepts, treatments, scripts, or any other materials).  However, should you, notwithstanding the foregoing, send GabbaCaDabra any of the foregoing, any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to GabbaCaDabra via this Website or by fax, mail, email or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Submitted Materials”) will be treated as non-confidential and nonproprietary, and may be used in any manner or media whatsoever.

By submitting or sending Submitted Materials to us, (i) you grant GabbaCaDabra and our affiliates a non-exclusive, royalty-free, unrestricted, worldwide, perpetual, irrevocable, and fully transferable, sublicensable right and license to reproduce, distribute, publish, broadcast transmit, modify, adapt, translate, display, sell, license, publicly perform, combine with other information or materials, prepare derivative works based upon, and otherwise use or exploit the Submitted Materials in any manner or media whatsoever now or hereafter known or devised (without any attribution, compensation or royalties to you, or any obligation to seek your approval in respect of any such use), including for commercial or promotional purposes; and (ii) you represent and warrant that: (a) the Submitted Materials are original to you and no third party has any rights thereto, and you waive any “moral rights” in the Submitted Materials, and (b) the Submitted Materials are accurate and do not and will not infringe or otherwise violate any right of any third party.

5. Links to this Website

You agree that if you include a link from any other website to the Website, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed”, surrounded by or displayed with any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time on written notice to you.

6. Third Party Websites

The Website may contain links to or from third-party websites (“Linked Websites”).  GabbaCaDabra does not control or assume any obligation to review any Linked Websites or any link contained in a Linked Website.  GabbaCaDabra is not responsible for the content of any Linked Websites or any products, services or other materials relating to such Linked Websites or any link contained in a Linked Website.  Any activities you engage in connection with any Linked Website, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Website, and GabbaCaDabra disclaims all liability, direct or indirect, in connection therewith.  GabbaCaDabra does not endorse, approve, or sponsor any Linked Websites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and GabbaCaDabra disclaims all liability, direct or indirect, in connection therewith.  Any use or reliance on the contents of Linked Websites is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance.

7. Prohibited Conduct

You agree that you will not at any time on, through or in connection with the Website: (a) interfere, in any way, with others’ use of or access to the Website and will not attempt to gain unauthorized access to the computer system of any other Website user; (b) use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Website; (c) post, transmit or make available any computer virus, trojan horse, worm or other malicious code or programming; (d) engage in any activities that seek or attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, exploitative of a minor or that violate any right of any third party; or (e) take any other action which violates any local, state, national or international law, rule, regulation or order of any court.

8. Unauthorized Use of the Website

GabbaCaDabra reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Website, including without limitation, any Content, products or services contained on or available via the Website.  GabbaCaDabra’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any of these Terms of Use or the legal rights of GabbaCaDabra.

9. Claims of Copyright Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  The notice must include the following information: (a) your name, address, telephone number, and e-mail address; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing on the Website or the subject of infringing activity, and information reasonably sufficient to allow GabbaCaDabra to locate the material on the Website; (d) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate under penalty of perjury that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (f) your electronic or physical signature.

GabbaCaDabra will only receive DMCA notices by mail or e-mail at the addresses below:

By Mail:
GabbaCaDabra, LLC
Sunset Media Center
6255 W. Sunset Blvd.
Suite 800
Los Angeles, CA  90028

Attention:  Take Down Notice
By E-Mail: dmca.ygg@dhxmedia.com

Be aware that there can be penalties for false claims under the DMCA.  GabbaCaDabra may elect to not respond to DMCA notices that do not comply with the then-current statutory requirements imposed by the DMCA, and GabbaCaDabra may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.

10. Term and Termination

This Agreement shall remain effective until terminated in accordance with its terms. GabbaCaDabra reserves the right, without any limitation whatsoever, to discontinue this Website and/or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon any termination, you shall immediately discontinue your use and access of the Website and to immediately destroy all materials obtained from it.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof.  The provisions of this Agreement which require or contemplate performance after termination, including without limitation all disclaimers, limitations of liability, indemnifications, dispute resolution/governing law and all GabbaCaDabra rights of ownership shall survive beyond the effective date of termination of this Agreement and shall remain in full force and effect.

11. Disclaimers

THIS WEBSITE AND ALL PRODUCTS, SERVICES AND CONTENT CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR PARENT COMPANY, DHX MEDIA LTD., AFFILIATES AND OTHER RELATED COMPANIES, OUR LICENSORS, OUR SERVICE PROVIDERS AND OUR SUPPLIERS MAKE NO REPRESENTATIONS AND WARRANTIES AND HEREBY DISCLAIM ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, UNINTERRUPTED SERVICE, FREEDOM FROM COMPUTER VIRUSES, RESULTS OBTAINED FROM USE OF THIS WEB SITE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.

INTERNET SERVICES AND LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES AND DOWN TIME. WE SHALL USE BEST EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DO NOT WARRANT THAT WE SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK.

12. Limitations of Liability

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT YOU ARE USING THIS WEB SITE AT YOUR OWN RISK AND LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE OR OUR PARENT COMPANY, DHX MEDIA LTD., AFFILIATES OR OTHER RELATED COMPANIES, OUR LICENSORS, OUR SERVICE PROVIDERS OR OUR SUPPLIERS, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR PARENT COMPANY OR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE AGGREGATE, TEN DOLLARS ($10.00).

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

13. Indemnification

You agree to indemnify, defend, and hold harmless GabbaCaDabra, its parent company, DHX Media Ltd., its affiliates and subsidiaries, and their respective officers, employees, agents, business partners, licensors, licensees, successors and assigns from and against any and all damages, losses, liabilities, costs (including reasonable legal fees) and other expenses arising directly or indirectly out of any claim, suit, action, demand, or proceeding arising directly or indirectly out of or from: (a) your violation of these Terms of Use; (b) your use of this Website or products, services or Content displayed, available or obtained on or through the Website; (c) your placement or transmission of any message, content, information, software or other materials on or through the Website (including without limitation any Submitted Materials or Posts); (d) your violation of any rights of any third party; and/or (e) your willful misconduct or gross negligence.  GabbaCaDabra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

14. Dispute Resolution/Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Website shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Los Angeles, State of California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

15. General Provisions

  1. Assignment
    You agree that GabbaCaDabra may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms of Use.  These Terms of Use are personal to you and may not be transferred or assigned to any third party.
  2. Force Majeure
    GabbaCaDabra shall not be liable for any failure to perform in accordance with these Terms of Use which is due to an event beyond the control of GabbaCaDabra including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot civil unrest act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract which may have been entered into, nor which could have been reasonably foreseen.
  3. Notice to California Users
    Under California Civil Code Section 1789.3, residents of the State of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
  4. Other Countries
    This Web Site can be accessed from countries around the world other than the United States and Canada and may contain references to GabbaCaDabra products, services, and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services or programs in your country. GabbaCaDabra makes no representation that this Website is appropriate or available for use in other countries. If you choose to use this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. Accessing the Website from territories where the Website, or any Content or functionality of the Website or any portion thereof, is illegal and is expressly prohibited.
  5. Miscellaneous Provisions.
    If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms of Use and will not affect the validity or enforceability of any remaining provisions.  These Terms of Use set forth the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by GabbaCaDabra as provided herein or otherwise by written instrument signed by GabbaCaDabra. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to”.  Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

16. Contacting Us

If you have any questions, comments or complaints about these Terms of Use or our Website, please send an e-mail to contact.ygg@dhxmedia.com or send a letter to:

GabbaCaDabra, LLC
Sunset Media Center
6255 W. Sunset Blvd.
Suite 800
Los Angeles, CA  90028

Attention:  Webmaster
Effective as of June 10, 2015.

© GabbaCaDabra, LLC.
YO GABBA GABBA and all related titles, logos and characters (other than DJ LANCE ROCK) are trademarks of GabbaCaDabra, LLC.
DJ LANCE ROCK is a trademark of Lance Robertson. All rights reserved.

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