Terms & Conditions
Effective Date:June 1, 2016
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THIS SITE. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SITE. DO NOT PURCHASE A SUBSCRIPTION, REGISTER, AND/OR USE THIS SITE IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
Welcome to Theschoolofgames.org (“Site”), which is owned and operated by Equally, PBC. Our Terms apply to this Site, and to any downloadable applications made available through the Site or that interact with the Site and post these Terms. Both these Terms and separate terms of service or sale documents may apply to your use of the Site or to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. In these Terms, “you” refers to you individually and you on behalf of any child authorized by you to use and access the Site, and “Adult” is a person of legal age who can enter into a contract in the state in which the person resides.
Summary of Key Points
- By purchasing an account and/or using the Site, you accept these Terms.
- The Site currently offers paid Family Accounts, Gift Accounts, Classroom Accounts, and Library Accounts.
- YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT.
- Your use of the Site is AS IS, without warranty and will result in no liability to us. See Section 7.
Table of Contents
- Accounts, Passwords and Payments
- Site Ownership and License
- Content You Submit
- Site and Content Use Restrictions
- Linking to and from our Site
- Governing Law, Arbitration, Injunctive Relief, and No Class Actions
- Disclaimer of Representations and Warranties
- Limitations of Liability
- Infringement Policy and Reporting Procedure
- Wireless and Downloads
- General Provisions
- Accounts, Passwords and Payments.
- Account Types. The Site currently offers “Family Accounts,” and “Classroom Accounts” (collectively, “Accounts”):
(i) Family Accounts. Family Accounts can be used on application of The School of Games on either Android or iOS devices (following an application download).
(ii) Classroom Accounts. Classroom Accounts can be used on application of The School of Games on either Android or iOS devices (following an application download). Classroom Accounts are accounts available to teachers for use in their classrooms. Classroom Accounts allow up to 40 users to be on the Site simultaneously, and, as with a Family Account, each student’s progress, music, and artwork are tracked and saved. Classroom Accounts are offered in the sole discretion of Equally, PBC, and we reserve the right to cancel or change the terms, fees, and/or conditions of any or all Classroom Accounts at any time, for any reason.
- Passwords and Account Access. You are responsible for maintaining the confidentiality of your password and Account information. You agree that (a) you will provide accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date, and (b) each Account administrator is solely responsible for all activities that occur under his/her Account. You agree to notify us immediately of any unauthorized Account use. We are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password. You will not sell, transfer, or assign your Account or any Account rights.
- Account Fees. For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. We may change any fee or charge at any time in our sole discretion. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Site for free or at special discounted prices. If you sign up for a trial use, your rights to use the Site 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. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
(i) Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by us (e.g., Paypal, iTunes App Store, Android Play Store) to activate and maintain a paid Account. You authorize us to charge you through the payment mechanism 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 Site. If we do not receive payment from your credit card issuer, or other payment mechanism that you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the credit card or other payment mechanism provided initially be declined for insufficient funds or for any other reason, we reserve the right to charge the credit card or other payment mechanism in installments, at the non-promotional/non-discounted rate in effect at that time, for the duration of the Account subscription you have selected. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
(ii) Subscription Renewal. For paid Accounts we will renew your Account automatically unless you cancel your Account prior to its renewal date. We will charge your credit card (or the other method of payment initially used by you) each year, month or other applicable period (depending on the term that you selected) for the then-current applicable price.
(iii) Subscription Cancellation. To avoid future billing, if you subscribed to the Site through your mobile device you will need to follow the cancellation instructions provided by the app store where you downloaded the app. For example, if you downloaded our app through Apple’s iTunes App Store you should follow the cancellation instructions provided in the iTunes App Store. You will continue to have access to your Account for the period of time that has already been prepaid, calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. There will be no additional billing or charges from the date of cancellation. Please note, we do not provide full or partial refunds for prepaid sums. Feel free to continue to use the application throughout the remainder of the subscription period for which you have already paid.
- Site Ownership and License.
- Ownership. As between us and you, the Site, Platform and the Application (including past, present and future versions) is owned and controlled by us and its Content is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. “Content” means the content of The School of Games including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); and (iii) other forms of intellectual property.
- Limited License. Subject to your strict compliance with these Terms and the Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to download (temporary storage only), display, view, use, play, and/or print one (1) copy (excluding certain printable activities made available on the Site, which indicate that they may be printed multiple times) of 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 Site for educating their students and other users’ use is limited to personal use). The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Site, and you cannot otherwise use the Content or the Site without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
- Content You Submit
- Site and Content Use Restrictions.
You agree that you will not: (i) engage in any activities that seek to attempt to or do harm to us, the Site or any others or are unlawful, offensive, obscene, lewd, violent, harassing, illegal, or that violate any right of any third party or are otherwise objectionable to us; (ii) reverse engineer, disassemble, or modify any Site source or object code or any software or other products, services, or processes accessible through the Site; (iii) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, us, or others; (iv) use any meta tags or other “hidden text” utilizing any of our Trademarks; (v) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on the use of or access to the Site or its Content; (vi) act in a manner that we, in our sole discretion, deem inappropriate for the venue; (vii) use the Site for commercial or political purposes; or (viii) otherwise violate these Terms, or any Additional Terms.
- Linking to and from our Site.
- Linking to Our Site. When linking to our Site, you must adhere to the following requirements: (i) the link to this Site must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to this Site must not create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; and (iii) you may not link to the Site from a web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
- Links to Other Sites and Third Parties. Areas of the Site, platform and application open to children signed in to their Account will never have links to third party web sites. In the separately password-protected Parents and Teachers, and sections of the Site and sections of the Site open to the general public we may include links to other websites that relate to the Site experience (“Linked Sites”). Any activities you engage in or access in connection with a Linked Site are subject to the privacy and other policies of the Linked Sites and we disclaim all liability in connection therewith. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Site (including via Linked Sites) are solely between you and the third party (including issues related to payments, delivery of goods and warranties) and we disclaim all liability in connection therewith.
- Governing Law.
THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
- Disclaimer of Representations and Warranties.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent 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 and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Site (including the Content and the User-Generated Content);
- the functions, features, or any other elements on, or made accessible through, the Site;
- whether your child will learn anything from using the Site;
- any products, services, or instructions offered or referenced at or linked through the Site;
- whether the Site (and its Content), or the servers that make the Site available, are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Internet Device);
- whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to the Site will be repaired; and
- whether your use of the Site is lawful in any particular jurisdiction.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
- Limitations of Liability.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Site (including the Content and the User-Generated Content);
- your use of or inability to use the Site, or the performance of the Site;
- the failure of a child user to learn or otherwise benefit educationally from their use of the Site;
- any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Site;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Site’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $10.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
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: (a) your breach or alleged breach of these Terms; (b) your use of the Site or activities in connection with the Site; (c) your User-Generated Content; (d) your violation of any law, rule or regulation; or (e) your violation of any third party rights. The Company Parties reserve the right to assume, at its 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 Site 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.
- Wireless and Downloads.
- Wireless Features. The Site may offer certain features and services that are available to you via your wireless Internet Device (collectively, “Wireless Features”). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Site for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account on the Site to reflect the changes.
- Software and Other Items Available for Download. Any items that we make available for download or use from the Site and/or our servers (the “Downloadable Items”) will only be made available in areas intended to be accessible by Adults. Downloadable Items are the copyrighted work of us or our licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
- General Provisions.
- Termination and Suspension. We reserve the right to discontinue the Site or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, 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 violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Site. Any suspension or termination will not affect your obligations to us, including any payment obligations to us. Upon suspension or termination of your access to the Site, or upon notice from us, your License to use the Site will terminate immediately.
- Investigations; Cooperation with Law Enforcement. We reserve the right to: (i) investigate any suspected breaches of security, information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) involve and cooperate with law enforcement authorities in investigating any matters; and (iv) prosecute violators of these Terms.
- Communications. When you communicate with us electronically, such as via a Site communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Operation of Site; International Issues. We control and operate the Site from our headquarters in San Francisco, California, U.S.A., and we make no representation that the Site is appropriate or available for use outside of the United States. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
- Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.
- Assignment. We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms, and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.
- No Waiver. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Equally, PBC.
- Updates to Terms. We reserve the right to modify these Terms, or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the Site after we post the Updated Terms constitutes your agreement to the Updated Terms.
- Contact Us. If you have any questions or concerns with respect to these Terms or the Site, you may contact us here:
Mailing address: Equally, PBC, 300 3rd St, Apt#520, San Francisco, California, 94107, USA Attention:
Telephone Number: +1-4157579296
Email address: email@example.com