Terms of use

BabyFirst web site and the First app

TERMS OF SERVICE

The following key points of the Terms of Service are provided for your convenience only and do not substitute the full Terms.

  • Users. The Service allows parents to let their babies and toddlers access videos, songs, games & books, made by First & BabyFirst”  in a wide range of topics suitable for babies and toddlers.
  • Electronic Notices. You agree to receive legally required notices via email. You may withdraw your consent to use an email for notice, by notifying us.
  • Acceptable Use. You may use the Service for your individual and personal use. These Terms also define the acceptable and unacceptable use of the Service.
  • Subscriptions. Certain Content on the Service is available without a paid subscription. Other Content on the Service is available only to users who purchase a subscription.
  • Account Suspension. We may temporarily or permanently deny, limit, suspend, or terminate your account if you misuse the Service.
  • Privacy. We encourage you to read our Privacy Policy https://www.babyfirsttv.com/privacy-policy.
  • Intellectual Property. All rights, title, and interest in and to the Service, including all intellectual property rights, are owned by or licensed to us.
  • Availability. We do not warrant or guarantee that the Service will operate without disruption, errors, or interruptions, or that it will be accessible or available at all times, or immune from unauthorized access.
  • Disclaimer of Warranty. Our Service is provided for use “as is.” We disclaim all warranties and representations, either express or implied, with respect to the Service and other users of the Service.
  • Indemnity. You will indemnify us if you misuse the Service.
  • Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES.
  • Law & Jurisdiction. USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. MOST DISPUTES BETWEEN US WILL BE DECIDED IN ARBITRATION. YOU CAN OPT OUT OF ARBITRATION UNDER THE TERMS OUTLINED BELOW, IN WHICH CASE DISPUTES WILL BE DECIDED IN COURT.
  • Contacting Us. You may contact us at app-support@first.media.

INTRODUCTION

Welcome to First, the mobile app and web-app of the beloved TV channel for kids and their families (the “Service”). The Service offers  videos, songs, games and books, made by First & BabyFirst in a wide range of topics suitable for babies and toddlers (the “Content[ak1] “).

The Service is developed and operated by BFTV, Inc., doing business as “BabyFirst TV”  (“Company,” “we,” “us,” and “our[ak2] ”).

These Terms apply to the use of the Service through the iOS app, Android app, and web app, on any devices (including smartphones, tablets, personal computers, CTV apps, etc[ak3] .).

Use of the Service requires an online connection (Wi-Fi, cellular device data, broadband) between your personal computer or mobile device and the internet. You will not be able to access and use the Service without such a connection. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Service may be dependent on your wireless service and the wireless coverage within the area in which you are located at that time.

Please carefully read the following terms and conditions (the “Terms“). By accessing or using the Service in any way, or by registering as a user of the Service (in each case, a “User”), the User agrees to be bound by these Terms and signifies that they have read and understood them. If you do not agree to the Terms, you may not use the Service in any way.

ELECTRONIC NOTICES

By agreeing to these Terms, you also consent to the use of email (“Electronic Record”) to send you legally required notices. You may withdraw your consent to use an Electronic Record by notifying us at app-support@first.media and indicating your withdrawal of consent, your full name, and postal address. To access and retain a copy of this disclosure or the Electronic Record in which we send you any legally required notices, you will need (i) a computer with a web browser and Internet access and (ii) either a printer or storage space on such device. To request a paper copy of this disclosure or the Electronic Record in which we send you any legally required notices, contact us at app-support@first.media and indicate your request, your full name, and postal address. We will charge you the cost of first-class mail for each paper copy you request. To update the contact details we use to contact you electronically, contact us at app-support@first.media and indicate your full name, your old email address, and your new email address.

REGISTRATION AND USER ACCOUNT

Certain Content on the Service is available without a paid subscription. Other Content on the Service is available only to users who purchased a subscription.

Users can also register with an account (the “Account” or “User Account”) to the Service.

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an Account. The Service is directed to babies and toddlers, who may use the Service only under the supervision of, and through the Account of, a parent or legal guardian; children may not independently create an Account or enter into these Terms.

To purchase a subscription through the Service’s web app, users must first register to create an Account. User of the Service’s mobile app who purchased a subscription and would like to access their subscription from another mobile device, must also register to create an Account[ak4] [YH5] [YH6] .

You are fully accountable for any outcome that may result from your failure to provide true, accurate, and complete details when you sign up. You are solely responsible for all activities performed with or through your Account.

You must submit only true, accurate, and complete details. Bear in mind that false, incorrect, or outdated information may prevent you from registering to the Service and impair our ability to provide you with our Service and to contact you.

We will explicitly indicate the fields for mandatory completion. If you do not enter the required information, you will not be able to register to the Service.

You are prohibited from selling or transferring your Account in any way, to another user or third party.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, and non-assignable right and license, until the termination or expiration of these Terms, to use the Service in accordance with these Terms, for your own and your children’s personal use.

CONTENT

While we have made efforts to curate and offer content suitable for babies and toddlers, you may find Content not compatible with your expectations.

You may provide us with feedback, including information pertaining to bugs, errors, and malfunctions of the Service, performance of the Service, the Content, the Service’s compatibility and interoperability, and information or content concerning enhancements, changes, or additions to the Service that you would like to have, desire, or suggest. When you do so, you assign all right, title, and interest in and to that feedback to us, including the right to make commercial use thereof, for any purpose we deem appropriate, without charge. You are not entitled to receive any remuneration for our use of your feedback. You represent that the feedback is original or that you have all intellectual property rights necessary to make the submission without restriction. Further, you waive any past, present, or future moral rights you may have in the feedback.

You may share your feedback by emailing us: app-support@first.media.

SUBSCRIPTIONS, REFUNDS AND RENEWALS

Access to most Content is only offered under a paid subscription. You can choose from among the subscription plans we offer through the Service. You agree to pay the fees applicable to the subscription plan you chose, in accordance with the billing cycle and rates you selected.

Subscription plans will automatically renew for successive periods, unless you cancel your subscription through the method you subscribed. If you subscribed through the Service’s mobile app, you may cancel your subscription through your Google Play or App Store account. If you subscribed through the Service’s web app, you may cancel your subscription through your Account on the Service[PC7] [YH8] . If you subscribed through the Service’s CTV app, you may cancel your subscription through the applicable CTV platform’s account settings or app store

The subscription fees are exclusive of all applicable sales, use, consumption, VAT and other taxes.

The Company reserves the right to change the subscription prices (including, without limitation, by way of canceling the free access). Change will only apply as of the next subscription renewal date, and for any new purchase of subscription. If the applicable sales tax, VAT or GST rate (or other included tax or duty) changes during your subscription, we will accordingly adjust the tax-inclusive price for your plan when such change occurs and you will be charged the difference in the next billing cycle.

Payments are processed via any third-party payment methods which we make available. If you are[ak9] [YH10]  paying with credit or debit card through the Service’s web app, you represent that you are the authorized user of the card, and you authorize the Company and its third party payment processor to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions.

ACCEPTABLE USE OF THE SERVICE

You are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from the following:

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law;
  • Misrepresenting your identity;
  • Interfering with, burdening, or disrupting the functionality of the Service;
  • Breaching the security of the Service or identifying any security vulnerabilities within it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in the Service;
  • Using or launching any automated system, including robots, crawlers, and similar applications, to collect or compile content from the Service, or in such ways that may impair or disrupt the Service’s functionality;
  • Displaying content from the Service, including by any software, feature, gadget, or communication protocol, which alters the content or its design;

You may not access or use the Service in order to develop or create a similar or competitive product or service.

USER ACCOUNT SUSPENSION AND TERMINATION

In addition to any remedies that may be available to us under any applicable law, we may, upon notice to you, temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service, and take technical and legal measures to keep you off the Service, if we determine, in our reasonable discretion, that:

  • You abused your rights to use the Service;
  • You performed any act or omission that violates any applicable law, rule, or regulation;
  • You performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users of the Service; or
  • You deliberately submitted false information or failed to comply with our requests for information regarding your identity.

PRIVACY

We respect your privacy. Our Privacy Policy https://www.babyfirsttv.com/privacy-policy, which is incorporated into these Terms by reference, explains the privacy practices of the Service.

INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Service, the Content, and the Service’s software, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us.

You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify, or create derivative works of the Service’s software or content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to, electronic, mechanical, or optical means, without prior written authorization from us.

You may not adapt or otherwise use any name, mark, or logo that is identical or confusingly similar to our trademarks, service marks, and logos. You must refrain from any action or omission that may dilute or tarnish our goodwill.

CHANGES IN THE SERVICE; DISCONTINUATION

We may maintain the Service with periodic releases of updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases.

We may also, at any time and without prior notice, change the layout, design, scope, features, or availability of the Service.

We may temporarily suspend the operation of the Service for maintenance purposes and will aim to do so in a fashion that minimizes the impact on the Users of the Service.

Finally, we may ultimately decide to discontinue the Service altogether or significantly change its features and functions.

You will have no plea, claim, or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors, and assignees (collectively, our “Staff”) regarding any of the above, provided that if we discontinue the Service, and you purchased a subscription, we will offer a refund of your subscription fees, pro-rated to the term of your subscription[PC11] [YH12] .

AVAILABILITY AND QUALITY

The availability, quality, and functionality of the Service depend on various factors, including software, hardware, communication networks, and the quality of your Internet connectivity, which are provided by third parties at their responsibility. These factors are not fault-free.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS, OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES, OR UNAUTHORIZED ACCESS.

CHANGES TO THE TERMS

We may amend the Terms from time to time. In such a case, we will proactively notify you of the amended Terms via email if you have registered an Account and provided us with your email address. For Users who access the Service without a registered Account or without providing an email address (including, but not limited to, un-registered Users of the mobile or CTV apps), we will notify you by posting the amended Terms on the Service or at the link below, and it is your sole responsibility to review these Terms periodically for any changes.

Your continued use of the Service after the effective date of the amended Terms (whether you received an email notice or accessed the updated Terms directly on the Service) constitutes your binding consent to the amended Terms.

The latest version of the Terms will be accessible here https://www.babyfirsttv.com/terms-of-use.

If you do not accept the amended Terms, your sole and exclusive remedy is to immediately cease all use of the Service, and we may terminate the Terms, your license to use the Service, and your User Account.

.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR USER ACCOUNT, AND THE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY, OR ACCURACY – REGARDING THE SERVICE AND THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AND CONTENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA AND LOSS OF EXPECTED BENEFITS), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THESE TERMS, THE SERVICE OR THE CONTENT.

APPLICATION MARKETPLACE

Your use of the Service’s app for smartphones (“App“) or CTV is subject to additional third-party terms and[ak13]  conditions that govern the App marketplace from which you downloaded the App, such as the Apple App Store and Google Play Store (“Stores”). Apple and Google (“Store Operators”) are not responsible for providing you with the App or any maintenance or support services with respect to it.

You and the Company agree and acknowledge as follows:

  • These Terms are concluded between you and us, not the Store Operators. The Store Operators are not responsible for the App. In the event of a conflict between these Terms and the Store’s terms of service, the Store’s terms of service shall prevail solely with respect to the conflicting provisions.
  • The license granted to you for the App is a limited, non-transferable license to use the App on any Store Operators’ branded products that you own or control, as permitted by the Store Operators’ terms of service.
  • Store Operators have no obligation to furnish any maintenance and support services with respect to the App.
  • To the maximum extent permitted by applicable law, the Store Operators will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will not be the Store Operators’ responsibility.
  • The Store Operators are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.
  • In the event of any third-party claims that the App or your possession and use of the App infringe that third party’s IP Rights, the Store Operators will not be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
  • You must comply with applicable third-party terms when using the App (e.g., you must not be in violation of your wireless data services agreement when you use the App).
  • The Store Operators and their subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the Store Operators 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. You 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.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless us and our employees, at your own expense and immediately after receiving written notice thereof, from and against any damages, losses, costs, and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation, or demand arising from or in connection with your use of and access to the Service in violation of any term of these Terms.

TERMINATION OF THESE TERMS

You may, at any time, terminate these Terms and your User Account by providing us written notice of termination to app-support@first.media.

We may terminate these Terms and your license to use the Service by issuing you a notice of such termination. Upon termination of these Terms or your User Account, for any reason:

  • Your right to use the Service is terminated, and you must immediately cease using the Service.
  • You must uninstall and remove the Service’s apps installed on your computer, tablet, or smartphone devices.

The following sections shall survive any termination or expiration of the Terms: Electronic Notices, Content, Privacy, Intellectual Property, Limitation of Liability, Application Marketplace, Indemnification, Termination of These Terms, Governing Law & Dispute Resolution, and General.

GOVERNING LAW & DISPUTE RESOLUTION

Regardless of your place of residence or where you access or use the Service from, these Terms and[ak14] [C15]  your use of the Service will be governed by and construed solely in accordance with the laws of the State of California, excluding any otherwise applicable rules of conflict of laws that would result in the application of the laws of a jurisdiction other than the State of California.

If you have a complaint about the Service or the Company, please first contact us at app-support@first.media. We will carefully review and consider your complaint.

SUBJECT TO THE EXCEPTIONS BELOW, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND THE COMPANY REGARDING THESE TERMS OR THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE, OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAW OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF CALIFORNIA

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS[ak16] [PC17]  LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES. WE WILL PAY ALL ARBITRATION FEES FOR CLAIMS UNDER $10,000, UNLESS THE ARBITRATOR DETERMINES THAT THE CLAIMS ARE FRIVOLOUS. FOR CLAIMS ABOVE $10,000, FEES WILL BE SHARED EQUALLY UNLESS THE ARBITRATOR DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.

THE ARBITRATION WILL BE A CONFIDENTIAL PROCEEDING. NEITHER PARTY WILL MAKE ANY PUBLIC ANNOUNCEMENT OR PUBLIC COMMENT, NOR RELEASE ANY PUBLICITY CONCERNING THE ARBITRATION, INCLUDING THE FACT THAT THE PARTIES ARE IN DISPUTE, THE EXISTENCE OF THE ARBITRATION, OR ANY DECISION OR AWARD OF THE ARBITRATOR. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND THE COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

YOU MAY OPT OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US AT APP-SUPPORT@FIRST.MEDIA WITHIN SEVEN (7) DAYS OF FIRST ENTERING INTO THESE TERMS. THE OPT-OUT NOTICE MUST IDENTIFY YOU AND CLEARLY STATE YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN THE EVENT OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS IN LOS ANGELES COUNTY IN THE STATE OF CALIFORNIA , USA, AND THE FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD-PARTY CLAIM THAT IS SUBJECT TO THE INDEMNITY CLAUSE IN THESE TERMS; (B) A CLAIM ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS) IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT; AND (C) A CLAIM FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.

If you are a consumer located in the European Economic Area, the United Kingdom, Switzerland, or another jurisdiction where mandatory local consumer protection law applies, nothing in this “Governing Law & Dispute Resolution” section is intended to deprive you of the protection of the mandatory provisions of the law of your country of habitual residence. To the extent required by such mandatory law, you may bring a claim relating to these Terms or the Service in the competent courts of your place of residence, and the arbitration and class-action-waiver provisions above shall apply only to the extent permitted under such law.

GENERAL

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations, oral representations, agreements, and statements regarding the Service.

We and you are not partners or agents. These Terms create no third-party beneficiary rights other than as set forth in the Application Marketplace section.

Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

You may not assign or delegate these Terms or any of your rights, performances, duties, or obligations hereunder. Any purported assignment or delegation in contravention of the above will be null and void. In the event of a Company merger, acquisition, change of control, or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms in their entirety, including all of our rights, performances, duties, liabilities, and obligations contained herein, to a third party. With such assignment, transfer, and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities, and obligations under these Terms.

The section headings in these Terms are included for convenience only and shall not be used in the interpretation or construction of these Terms.

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, that provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible the original intention of the provision, and the remaining provisions of these Terms shall continue in full force and effect.

CONTACT US

You may contact us at any time with any questions, requests, comments, or complaints you may have with respect to the Service or these Terms, at app-support@first.media.

Last updated: July 2026. 


 [ak1]The app is First and it offers games and interactive books as well

 [ak2]BFTV IL is not relevant

 [ak3]Add CTV apps

 [ak4]Yoav pls review the process

 [YH5]תקין

 [YH6]

 [PC7]לאישורכם שהתיאור הזה נכון.

 [YH8]נכון

 [ak9]Yoav pls review

 [YH10]תקין מבחינתי

 [PC11]לאישורכם – במקרה חס וחלילה של סגירת השירות, אז עבור משתמש בעל מנוי – אתם תתנו החזר יחסי לפי תקופת המנוי.

 [YH12]צריך לציין במפורש שזה רק עבור מנויים שנרכשו דרך האתר, ולא עבור מנויים שנרכשו דרך חנות האפליקציות, והחיובים עבורם מנוהלים באופן בלעדי ע”י חנות האפליקציות

 [ak13]Add CTV

 [ak14]Why Virginia

 [C15]Good catch – Fairfax County is in Virginia, and California is a “State” not a “Commonwealth.” Both were leftover template errors. Fixed here and in the parallel reference in the arbitration clause above (“substantive law… of the Commonwealth of California”) to Los Angeles County, State of California.

 [ak16]Do we need that? (Arbitration)

 [PC17]The number one legal risk for consumer-facing businesses is class action lawsuits. Arbitration can often block class action lawsuits. It’s a customary approach taken by many online services directed to consumers.