Playful Learning Terms of Use

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AGREEMENT BETWEEN USER AND PLAYFUL LEARNING ECADEMY CO.
By using our Services, you agree to abide by these Terms. You must also follow all posted guidelines and rules and code of conduct. These Terms, guidelines and rules may change once in a while, so you should review them regularly.

These Terms of Use (“Terms”) govern your access to and use of the services, including our various websites and applications (“Playful Learning Services” or “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

With respect to your access and use of the Playful Learning Services, Playful Learning provides its Services to you, subject to the following Terms, which may be updated by Playful Learning from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these Terms. Also, you must be at least 18 years old or have the permission of your parent or guardian allowing you to use the Services.

In addition, when using particular Playful Learning Services, you and Playful Learning shall be subject to any posted guidelines or rules applicable to such sites or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. In the event that any of the Terms contained herein conflict with such guidelines or rules, these Terms shall control.

You agree to be bound by these Terms, and indicate such agreement by any access or use of the Playful Learning Services. If you do not agree to these Terms, do not access and use the Playful Learning Services.

PERMITTED USE

Playful Learning Services

Subject to these Terms, Playful Learning hereby grants you the right to access and use the Playful Learning Services solely for the following purposes: (i) if you are accessing the Playful Learning Services as an individual, then any and all use of the Playful Learning Services is for your personal, non-commercial use only; or (ii) if you are accessing the Playful Learning Services on behalf of a business entity, or educational institution, then any and all use of the Playful Learning Services must be for such business entity’s, or educational institution’s, internal business or educational purposes in connection with the establishment or continuation of a business relationship with Playful Learning. Playful Learning retains all rights with respect to the Playful Learning Services except those expressly granted to you through these Terms. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Playful Learning Services. Such framing is strictly prohibited under these Terms. Unless otherwise agreed to in a separate written agreement, Playful Learning may change, suspend, restrict or discontinue all or any part of the Services at any time. The software on the Playful Learning Sites are the proprietary property of Playful Learning and/or its suppliers and partners and are protected by U.S. and international copyright and other intellectual property laws. Playful Learning is the trademark of Playful Learning Ecademy Co. The names of actual companies and products listed on the Playful Learning Services may be the trademarks of their respective owners. Playful Learning reserves the right to suspend, cancel or limit the use of the Playful Learning Services with or without cause, and with or without notice. For example, we may suspend, cancel or limit your use if your use violates these Terms or conflicts with our company goals. Our Services may only be used for their intended purposes. In this section, we describe our rights and rights related to your use.

As a condition of your use of the Playful Learning Services, you warrant to Playful Learning that you will not use the Playful Learning Services for any purpose that is unlawful, encourages illegal behavior, or is prohibited by these Terms. You agree not to use the Playful Learning Services in any manner, which could damage, disable, overburden, or impair the Playful Learning Services or interfere with any other party’s use and enjoyment of the Playful Learning Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Playful Learning Services. Don’t use our Services to break the law or to encourage others to break the law. Don’t do anything to interfere with anybody else’s use of our Services.

 USE BY CHILDREN

  • If a user is under the age of 18, a parent or legal guardian must give consent for the child to use the Playful Learning Services.
  • Playful Learning collects limited personal information from minor students only where that student’s parent has contracted with Playful Learning to collect personal information for the use and benefit of the learning environment.
  • Playful Learning requires parental consent for all children.

We want to keep kids safe. Children under 13 years old may only use our Services with parent or guardian permission. At all times throughout the participation in the Playful Learning Ecademy eCourses, the parent or guardian remains responsible for all names, photos, comments, and contributions made to the Playful Learning Ecademy eCourse Websites.

ADDITIONAL PROVISIONS

For information regarding Playful Learning’s treatment of personally identifiable information, please review Playful Learning’s current Privacy Policy at http://playfullearning.net/about/playful-learning-privacy-policy/, which is incorporated herein by reference. Please also read the Playful Learning Privacy Policy carefully.

  • Be careful who you share your information with while using the Playful Learning Services.
  • Children must have permission from their parents or guardians, who have read and agreed to these Terms before using the Playful Learning Services.
  • You will only access the Playful Learning Services using the access code given to you by Playful Learning.
  • You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act (COPPA), which requires parental consent for online collection of personal information from children under 13.  For more information on COPPA, please see www.ftc.gov/privacy.
  • You understand that your acceptance of these Terms indicates that you are agreeing to these Terms both on your own behalf as well as on behalf of your child or children who use the Playful Learning Services. Children under 13 must not use the Playful Learning Services until after a parent has accepted these Terms on their behalf.

LINKS TO THIRD PARTY SITES

The Playful Learning Services may contain links or produce search results that reference links to third party web sites (“Linked Sites”). Playful Learning has no control over these Linked Sites or the content within them. Playful Learning cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Playful Learning does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Playful Learning Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Playful Learning for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at [email protected], and we will investigate the link and take appropriate action.

EXPORT RESTRICTIONS

The Playful Learning Services may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You are responsible to comply with any export laws and regulations that might apply.

PRIVACY AND DISCLOSURE OF INFORMATION

We believe that your privacy and the privacy of all our users are important. Please review our Privacy Policy. Playful Learning reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Playful Learning’s sole discretion. You agree to the use of your data in accordance with the Company’s privacy policies.

INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its partners, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Playful Learning Services, including your downloading, installation, or use of the Playful Learning Services, or your violation of these Terms or documents it incorporates by reference. You are solely responsible for your use of our Services.

WARRANTY DISCLAIMER

Playful Learning does not promise that the Playful Learning Services will be error-free, uninterrupted, nor that the Playful Learning Services will provide specific results from your use of any content, search or link on them. The Playful Learning Services and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. Playful Learning does not warrant or represent that files you download from the Playful Learning Services will be free of viruses or other harmful features. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use. Playful learning disclaims all warranties, express or implied, including any implied warranties of merchantability, noninfringement, and fitness for a particular purpose.

LIMITATION OF LIABILITY

Under no circumstances, including but not limited to breach of contract, tort or negligence, will playful learning, nor its directors, employees, agents, or its affiliates and partners, be liable for any indirect, special, punitive, or consequential damages (including lost profits) that arise out of or are related to your use of the playful learning services. In no event shall playful learning’s aggregate liability, or the aggregate liability of playful learning’s affiliates and partners, to you for any loss, damage or claim related to or arising out of the playful learning services exceed the greater of the following: (a) total amounts paid by you to playful learning for accessing this site; or (b) ten u.s. dollars ($10.00). We are only liable to you for certain types of harm described here. In any event, our maximum liability to you is the amount you have paid us, if at all, for our Services, or $10, whichever or more.

ADDITIONAL REPRESENTATIONS AND WARRANTIES

You affirm that you are at least 18 years old or have the permission of your parent or guardian allowing you to use the Services and enter into agreements with Playful Learning. If you are under 18 years old, you agree to have your parent or guardian read and acknowledge these Terms before proceeding. By providing their permission, your parents or guardians agree to all of the terms and conditions contained within this document.

PLAYFUL LEARNING AND SITE CONTENT

You agree that the Services contain Content specifically provided by Playful Learning or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You shall abide by all copyright notices, information, and restrictions contain in any Content accessed through the Service.  You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publically display, publically inform, publish, adapt, edit, create derivative works from, or otherwise exploit Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Website expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.  Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Playful Learning, or from the copyright holder identified in such Content’s copyright notice.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, the Terms of Use and all Content provided by Playful Learning are copyright © 2013 Playful Learning Ecademy Co.  All rights reserved. Playful Learning is the registered trademark of Playful Learning Ecademy Co.  The names of any companies or products mentioned on the Website may be the trademark of their respective owner.

DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT

Playful Learning asks others to respect its intellectual property rights and it respects the intellectual property rights of others.  If you believe that any material on or linked to by or through the Services violates your copyright, you may notify Playful Learning in accordance with the following policy.  The address of the Playful Learning Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent” P.O. Box 946, Sag Harbor, NY 11963.  It is the policy of Playful Learning to (1) block access or remove Content that it believes in good faith to be copyrighted material that has been illegally copies and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

If you believe that Content on or accessible through the Website or Service infringes a copyright, please send a written notice of copyright infringement to the Designated Agent with the following information:

  1. A physical or electronic signature of the owner of the copyright that has allegedly been infringed upon, or a person authorized to act on such person’s behalf;
  2. Identification of the copyrighted works or materials allegedly infringed upon;
  3. Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Playful Learning is capable of finding and verifying its existence;
  4. Contact information about the notifying individual including address, telephone number and, if available, email address.

If you think someone has violated a copyright, please let us know.

LICENSE GRANT TO PLAYFUL LEARNING
When you upload content to our Services, you grant Playful Learning these rights.

  • When you distribute, disseminate or upload content through the Playful Learning Services (“User Content”) and make it publicly available, you hereby grant to Playful Learning a worldwide, non-exclusive, transferable, perpetual, royalty-free, license to host, display, modify, reproduce, distribute, and sublicense the publicly available content for promotional purposes in connection with Services offered by Playful Learning.
  • By uploading User Content, you hereby warrant that your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.

LICENSE GRANT TO OTHER USERS

By distributing or disseminating User Content through the Playful Learning Services, you hereby grant to each User that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms indicated by you when you uploaded such User Content. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access your User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such User Content for personal use in the manner contemplated by the Terms and the Services. The foregoing license granted by you terminates as to a specific piece of User Content once you remove or delete such User Content from the Services provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Services survive any termination or expiration of the license granted in this section. When you upload content to Playful Learning, you grant other users these rights.

USER CONTENT

You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:

  1. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Playful Learning and Playful Learning’s Users to use your User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Playful Learning and these Terms;
  2. Your User Content does not and will not slander, defame, or libel any other person.
  3. The use of your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
  4. Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
  5. Playful Learning reserves all rights and remedies against any Users who violate these Terms. Playful Learning is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content and disclaims all liability in connection with User Content.
  6. You agree that any information, including without limitation discussion posts, chat posts, IM posts, web links, advertisements, articles, white papers, and reviews, posted by you:
  • shall not be false, inaccurate or misleading;
  • shall not be fraudulent;
  • shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • shall not be obscene or contain child or other pornography;
  • shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • shall not create liability for Playful Learning, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners; and
  • shall not link directly or indirectly to links you do not have a right to link to or include.

USER CONTENT DISCLAIMER

You understand that when using the Playful Learning Services you may be exposed to User Content from a variety of sources, and that Playful Learning is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Playful Learning with respect thereto. Playful Learning does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Playful Learning expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Playful Learning may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.
We cannot monitor or control what other people upload using our Services. If you see something that violates these Terms, let us know.

GENERAL

This agreement shall be governed in all respects by the laws of the State of New York, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of New York, or Suffolk County, New York in which Playful Learning Corporate Offices are located, and further agree that any cause of action arising under this agreement shall be brought in such venue. Notwithstanding the foregoing, Playful Learning may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this agreement. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Playful Learning’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and our Privacy Policy set forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form. The rights granted in these Terms may not be assigned or transferred by either you or the Company without the prior written approval of the other party. Neither you nor the Company is permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.

Effective: March 30, 2013