Terms & Conditions of Use
Last updated: 08/22/2019
These Terms and Conditions (“Terms”) govern your access to and the use of the services ("Services") that are made available by Kids Academy Co apps: Preschool & Kindergarten Learning Kids Games, Educational Books, Free Songs, Jigsaw Puzzles (“Company,” “we,” “us” or “our”).
In these Terms, “you” refers to Adult Users of the Services and purchasers of accounts. An “Adult” is a person of legal age who can enter into a contract in the state in which the user resides.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER AN ACCOUNT OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS. BY USING THE SERVICES IN ANY WAY YOU REPRESENT AND WARRANT THAT YOU ARE AN ADULT, THAT YOU HAVE READ, UNDERSROOD AND ACCEPTED THESE TERMS AND THAT YOU WILL BE RESPONSIBLE FOR ENSURING THAT ANY CHILD AUTHORIZED BY YOU TO USE AND ACCESS THE SERVICES DOES SO IN ACCORDANCE WITH THESE TERMS.
Accounts and Users
We currently offer the following types of accounts (collectively, “Accounts”):
- Family Account
- Teacher Account
Users of the Services include “Kids” (children who use the child-oriented learning portion of the Services), "Teacher User" and “Parent User” (including parents and guardians of Kids).
Family Account can link a maximum of five active devices and four users, including one Parent User and up to three kids that Parent User can add to the Family Account.
Teacher Account may only be registered by a person currently employed by a licensed educational institution (“School”). Teacher must only use or facilitate the use of the Teacher Account for students at the School (“Students”) for which the Teacher has authorization. If a Teacher wants to use the Services for their own family, they must register for a Family Account.
Passwords and Account Access
Every Account has one designated Adult User who must be at least 18 years old. For so long as you use your Account, you agree to provide true, accurate, current, and complete information about yourself and any individual you authorize to access your Account as well as to make relevant changes. You are solely responsible for all activities that occur under your Account as well as for maintaining the confidentiality of your password(s). Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us. We are in no way responsible for any loss that you may incur because of any unauthorized use of your Account and password. You agree that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account.
Family Account Fees and Payments
You agree to pay all applicable fees related to your use of the Services (e.g., Subscription fee). For existing subscribers, we reserve the right to change your fee at any time in our sole discretion, provided that we first notify you by email.
If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms.
All fees are based on Services purchased, regardless of actual usage. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
You must either use a credit card or other payment method accepted by us (e.g., Credit Card, Apple’s iTunes App Store, Google Play, PayPal) (“Payment Method”) to activate and maintain your paid Account.
By providing a payment method, you expressly authorize us to charge the applicable fees through the payment method that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services.
If your payment is late, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider.
If your offered payment method cannot be processed or is declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the applicable fees in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional forty five days.
You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
Family Account Subscription: Renewal, Cancellation and Termination
By creating an Account, and starting a trial or subscription you agree that we will charge your credit card (or the other payment method initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price. Your subscription will automatically renew at the end of the subscription term for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described below. Once you submit a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our users, no exceptions will be made.
Unless you purchased your subscription through Apple’s iTunes App Store or Google Play, to cancel your subscription and avoid further charges, you may cancel your Account prior to its renewal date through the My Account area of the website at kidsacademy.mobi.
If your subscription was purchased through Apple’s App Store or Google Play, please follow the cancellation instructions provided in the App Store or Google Play.
We reserve the right to discontinue the Services, suspend or terminate your access to it, including any Accounts, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.
Teacher subscription is guided by the relevant Subscription Agreement with the School.
We offer the option of purchasing pre-paid, non-refundable, transferable access to a Family Account as a gift (“Gift e-Card”). In these Terms, the person who purchases a Gift e-Card is the “Purchaser.” Upon purchase, the Purchaser will receive a Gift e-Card with a code that can be redeemed to activate the Family Account. Gift e-Cards redemption codes must be redeemed by an Adult who can then set up and be responsible for the Family Account. Therefore, if you purchase a Gift e-Card, you represent and warrant that you will only provide it to an Adult. At the time of purchase, the Purchaser will have the option to print out the Gift e-Card or have us email it to an Adult. The Purchaser shall provide a valid email address for such Adult. We are not responsible for errors or delays as a result of the email address(es) provided by the Purchaser. The Gift e-Card will be valid and the Family Account must be activated within 90 days from the date of purchase of the e-Card. The Family Account period will begin on the date the Gift e-Card code is redeemed. Discounts may be available for the purchase of multiple Gift e-Cards, and all discounts or promo codes, if any, shall apply at the time of payment. Gift e-Cards are not refundable.
Ownership of the Services
The Services (including past, present and future versions) are owned, operated and controlled by the Company and their Content, which can be modified and removed by the Company any time without any notice to you, is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), user interfaces, photographs, logos, sounds, music, artwork, worksheets, educational videos and exercises and all other elements of the Services are owned by or licensed to Company, and Company reserves all rights therein and thereto not expressly granted by these Terms.
With respect to any Student personally identifiable information (“Student PII”) which might be collected or processed by us on behalf of a School that is subject to the US Family Educational Rights and Privacy (“FERPA”), we will:
- Not disclose such Student PII data to any third parties, other than (i) to School or another entity upon the request of School, (ii) where required by law (e.g., court order), (iii) to third party agents or service providers who perform a service for or on behalf of the Company, provided such third parties are subject to appropriate confidentiality obligations, or (iv) to an acquiring entity in the event of a business acquisition;
- Maintain reasonable security measures to protect Student PII data.
Nevertheless, we may use (and disclose) anonymous, de-identified and/or aggregate data derived from the Services, provided such data does not identify any Student. School is responsible for ensuring that the collection, use, disclosure and processing of Student PII as part of the Services complies with applicable law (including but not limited to FERPA) and any other applicable legal or contractual restrictions, and School further represents and warrants that it will not direct or engage the Company to collect, use, disclose or otherwise process Student PII in a manner that would violate applicable law or any other legal or contractual restrictions applicable to School.
Use by Children
Company collects limited personal information (e.g. first name, gender and age) about minors on the site, but only where you, the minor's parent or legal guardian, has provided that information to Company during the registration process. Such information is not shared with third parties and is only shared internally. A child's usage information, such as scores from lessons, educational success is only shared in an aggregated anonymous manner and never in a way that could personally identify the minor. In case we come to know that we have collected personal information from a minor without parental consent, we will delete that information as quickly as possible.
Limited License to Use our Services
Subject to these Terms, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to access, display, view, use and play the Content on a personal computer, mobile phone or other wireless device or other Internet-enabled device (each, an “Internet Device”) for your personal, non-commercial use only (e.g., Teachers may use Content from the Services for educating their students). If you are accessing the Services via an Application (defined below) on Apple's iOS Platform or Google's Android - as permitted by the Usage Rules set forth in the Apple App Store Terms of Service and Google Android Terms of Service.
Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; (iii) circumvent or disable any security or technological features or measures of our Services, or (iv) use the Services in a manner that overburdens, or threatens the integrity, performance or availability of our Services. Any rights not expressly granted herein are reserved by us.
The Services can be available to you via applications featuring educational games, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing (collectively, the "Applications"). The Applications are the copyrighted works of the Company and contain trademarks, service marks, trade names, and other intellectual property of the Company.
If you are accessing an Application via Apple Inc.'s ("Apple") App Store, you acknowledge that Apple is not a party to and has not agreed to these Terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of that Application is also subject to Apple's Usage Rules as set forth in the App Store Terms of Service.
If you are accessing an Application via the Google Play Store, you acknowledge that Google is not a party to and has not agreed to these Terms; that Google is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of that application is also subject to Google Play Store's Terms of Service.
Content Submissions and Restrictions
We may allow you to submit feedback, information, data, text, images, messages, or other materials (“User-Generated Content”) on or through the Services. You agree that you are solely responsible for all of your User-Generated Content.
You acknowledge and agree that User-Generated Content you submit DOES NOT or IS NOT:
- do harm to us and/or the Services, violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so;
- infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- violate any law; reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own).
The Company reserves the right in its sole discretion to delete without notice any User-Generated Content, which it, in its sole discretion, deems a breach these Terms.
Company disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit. It is your responsibility to ensure that our users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.
THESE TERMS, AND ANY ADDITIONAL TERMS, AND ALL LITIGATION ARISING THEREFROM OR RELATED THERETO SHALL BE GOVERNED BY THE APPLICABLE LAWS, REGULATIONS AND RULES OF EVIDENCE OF THE STATE OF NEW JERSEY WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES AND SHALL BE FILED IN THE APPROPRIATE DIVISION OF THE NEW JERSEY SUPERIOR COURT.
Timing of Claim
To help resolve any issues between you and us promptly and directly, you and Company agree that any Dispute Notice must be sent, or that any small claims must be filed, within one year after the events giving rise to the Dispute arise; otherwise, the Dispute is waived.
Disclaimer of Representations and Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE INFORMATION, SOFTWARE, PRODUCTS, INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the maximum extent legally permissible by law, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”), hereby disclaim all warranties, express or implied, as to the Services, any and all contents submissions, and any and all information contained therein, including, without limitation, any implied warranties of merchant ability, fitness for a particular purpose, and non-infringement of intellectual property. Without limiting the generality of the preceding sentence, Company specifically does not warrant: (i) That the operation of, or access to, the Services will be uninterrupted or error free; (ii) that adequate security measures will be in place to prevent unauthorized access or other tortious conduct; (iii) that the errors and defects in the Services will be corrected; (iv) that the information provided therein is accurate, free of errors, reliable, complete, or timely; or (v) that the Services are virus-free.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
General Representation and Warranty
Limitations of Liability
To the maximum extent permitted by applicable law, we will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our Services. Under no circumstances will the total liability of us of all kinds arising out of or related to your use of the Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the Services.
To the maximum extent allowed by law, you agree to indemnify, defend and hold harmless the Company Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Services and any breach by you of these Terms and Conditions. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any child you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.
By using any of our Services, you consent to receiving electronic communications from us. When you communicate with us electronically, we will do our best to respond promptly, but it may take us some time.
These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law.
You may not assign your rights under these Terms to any other party, and you may not delegate your duties hereunder. Company may assign its rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without consent or any restriction.
Updates to Terms
We reserve the right at our discretion, to change, modify, add, or remove portions of the Terms at any time. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.