Terms of Use

These Terms of Use are the legal contract that governs your use of our service. These Terms of Use, however, are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service.

Acceptance of Terms of Use

These Terms of Use govern your use of the Stepping Stones service, including all features, products and functionalities, instant streaming, downloading, DVD purchase, our website and user interfaces, and all content and software associated therewith. By using, visiting, or browsing the Stepping Stones service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Stepping Stones service, including our website and user interfaces.

These Terms of Use are an ongoing contract between you and Stepping Stones Entertainment LLC and apply to your use of the Stepping Stones service as made available in the U.S. They affect your rights and you should read them carefully.

Changes to Terms of Use

Stepping Stones reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Stepping Stones website. The most current version of the Terms of Use will supersede all previous versions.

Your Comments and Posted Information

Your comments and contributions are immeasurably important, after all this is a movement. A growing movement means people are involved, participating and sharing their insights. So, please know that all of your submissions will potentially be used, reproduced, modified, published, edited, translated, distributed, and displayed in any form of media, medium, or forum now known or hereafter developed and without additional notice.

Subscriber Communications

By using the Stepping Stones service, you consent to receiving electronic communications from Stepping Stones. These communications will include notices about your account (e.g., shipping and receiving, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Stepping Stones and you receive them as part of the Stepping Stones subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policies

Any personally identifying information submitted through the Stepping Stones service is subject to our Privacy Policies. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. Should you wish to stop communications from us, please send an email to engage@steppingstones.com or click on the unsubscribe button in any email we send.

Subscription Billing and Cancellation

You can find the specific details regarding your subscription with Stepping Stones at anytime by clicking on the "My Account" link.

Billing:
By starting your Stepping Stones subscription, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of the Stepping Stones service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges for purchased DVDs or DVDs included in the subscription plan if the plan is not continued for the full timeframe stipulated in the plan chosen by you and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Account" button, available at the top of the pages of the Stepping Stones website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Your Stepping Stones subscription will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Cancellation:

You may cancel your Stepping Stones membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES. To cancel your membership, visit our website and click the words "Cancel Subscription" on the "My Account" page and follow the instructions for cancellation under the heading "Cancel Subscription."

Copyright

The Stepping Stones service, including all content included on the Stepping Stones website and user interfaces, or delivered to members as part of the service, including DVDs and movies you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Stepping Stones or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Stepping Stones on our website and user interfaces, or in connection with the Stepping Stones service are the exclusive property of Stepping Stones and its licensors and are protected by the copyright and trade secret laws in the territories in which the Stepping Stones service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Stepping Stones or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Stepping Stones service, not to insert any code or product or manipulate the content of the Stepping Stones service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Stepping Stones reserves the right to terminate your membership hereunder if Stepping Stones, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the Stepping Stones software restrictions, copying of movies provided to you by us, or the copying or other unauthorized use of our proprietary content. Stepping Stones does not promote, foster or condone the copying of movies or any other infringing activity. The use of the Stepping Stones service, including movies made available to you by us, is solely for your personal and non-commercial use.

Additionally, you must have copyright ownership of all material that you post or submit to our site. Once material is posted to the site, Stepping Stones will have the non-exclusive right to use all content including, but not limited to, use in all print, film, video and electronic media, television, radio, and internet broadcasting.

Review of Information

Our site administration team is made up of some amazing parents with big passion for kids and family. They will review comments and postings. Please remember that your submission to Stepping Stones in no way creates any obligation or duty on the part of Stepping Stones to post or use such material. Stepping Stones reserves the right, at its sole discretion, to modify and/or remove any information posted or submitted to our website.

Please Engage with Us Responsibly

We do not like nor do we allow offensive, obscene, defamatory, discriminatory, or hateful language. We reserve the right to remove any postings that disparage or insult anyone, and any content that is abusive, mean or outright distasteful. Please do not post links to other websites. Please do not post advertisements or solicitations. We take every reasonable precaution in creating a secure environment however; please understand that by registering for an account, you take responsibility for postings under your identification and the information you provide.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Passwords

The subscriber who created the Stepping Stones account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Stepping Stones account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Stepping Stones Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account. BY SHARING THE STEPPING STONES SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Identity Protection

In order to provide you with ease of access to your account and to help administer the Stepping Stones service, Stepping Stones implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Stepping Stones service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Stepping Stones ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Stepping Stones ready device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.

If you find that you're a victim of identity theft and it involves a Stepping Stones account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Stepping Stones website and not through a hyperlink in an email, even if it looks official. Stepping Stones reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Stepping Stones is not obligated to credit or discount a membership for holds placed on the account by either a representative of Stepping Stones or by the automated processes of Stepping Stones.

Limitations on Liability

STEPPING STONES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STEPPING STONES SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT STEPPING STONES MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE STEPPING STONES SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. STEPPING STONES SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, STEPPING STONES READY DEVICES, AND STEPPING STONES SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any losses or damages arising from the use of the content provided on the Stepping Stones website, user interfaces, or otherwise through the Stepping Stones service itself, including any losses or damages arising from DVDs and/or downloading of related software, downloading and/or use of any other software, or any conduct by users of the Stepping Stones service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not represent or guarantee that your use of the Stepping Stones service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Stepping Stones or its affiliated parties.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Utah, without regard to conflicts of laws provisions. You and Stepping Stones agree that the United States District Court for Utah shall have exclusive jurisdiction over any dispute between you and Stepping Stones relating in any way to the Stepping Stones service, our website or user interfaces, or these Terms of Use. You and Stepping Stones expressly and irrevocably consent to personal jurisdiction and venue in this court. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: December 14, 2010