We reserve the right to revoke any user’s account and discontinue any user’s access to our services at any time, in our sole discretion and for any reason whatsoever.
No Unlawful or Prohibited Use
As a condition of using our service, you agree to reimburse us for any damage, loss, cost or expense we incur, including legal fees, if you use our services for any unlawful or prohibited purpose.
While using our services, you agree NOT to:
Harm minors in any way;
Manipulate identifiers to disguise the origin of any content available through or included in our services;
Upload or otherwise make available any content that is obscene, objectionable or in poor taste;
Upload or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
Upload content that contains viruses, Trojan horses, worms, timebombs, cancelbots, or any other harmful or deleterious programs;
Upload or otherwise make available any unsolicited advertising, promotional materials or any other form of solicitation;
Interfere with, disrupt or disobey any requirements, procedures, policies or regulations of our internet presence;
Modify, adapt, sublicense, translate, sell reverse engineer, decompile or disassemble any portion of our internet presence;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the content associated with our internet presence; or
Harvest or collect information about users of our services.
Offline Activity Usage
Our services are intended for educational purposes only. Portions of our services contain activities which target a child's developmental skill and progress. These activities may have inherent risks of personal injury or suggest the use of materials that could harm a child if used negligently or without adequate supervision. You are agreeing to that children engaged in offline activities will have the appropriate instruction, care and adult supervision.
Copyright and Proprietary Rights
Our services are protected by United States and International Copyright laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works nor exploit our services in any unauthorized way whatsoever.
Our services offer interactive features that allow you to upload content that you create, own and/or have permission to upload or link, on areas of our service accessible to other users. You agree that your use of these features shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, nor otherwise be obscene, objectionable or in poor taste. You agree to obtain all necessary rights, waivers, releases, consents and licenses and to provide copies proving your authorization to use the content at our request. You shall retain ownership of your copyrightable works.
However, by submitting other content, you hereby grant iActive Learning a worldwide, royalty-free, nonexclusive license to use, reproduce, post, publish, redistribute, promote, prepare derivative works of, remove, edit or display as part of our services, without notice, liability, compensation or obligation to you or any other person. We further reserve the right, but not the obligation, to monitor content submitted by you or otherwise made available via our services, for the investigation of any reported or apparent violation of our terms, and to take any action we deem appropriate, including without limitation, termination of our services.
Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by iActive Learning should be inferred.
Digital Millennium Copyright Act Compliance
If you have copyright concerns about content posted by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Service Providers (17 U.S.C. §512). If you believe in good faith that content we host is an infringement upon your copyright or that of another party, or if you have any complaints or objections to such content, please contact us and provide the following: (a) the signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your name, address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Please note that we cannot take any action until we have collected all of the information specified above.
Our services may inadvertently include inaccuracies and typographical errors. We, including our service providers and licensors, may make periodic changes and/or improvements to our services at any time without prior notice. We make no representations about the suitability of our services or content. Our services are provided “as is” without warranty of any kind and we disclaim all warranties, both express and implied, as well as conditions of merchantability, fitness for a particular purpose, title and noninfringement. We will, however, make every effort to protect your security.
Because the internet is an unsecure medium, we cannot make any representation or warranty that any transaction conducted as part of our services will necessarily be secure. We likewise do not guarantee, represent or warrant that your use of our services will be uninterrupted or error-free. As such, you agree that we may periodically remove the service for indefinite periods of time, or cancel the service at any time without notice to you. You expressly agree that your use of, or inability to use this service, is at your sole risk and that your sole remedy for dissatisfaction is to stop using our services.
In no event, shall we or our service providers and licensors, be liable for any direct, indirective, punitive, incidental, special or consequential damage arising out of or in any way connected with the use of our services or content, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages. In no event shall our aggregate liability, for any damages arising out or related to any default hereunder, regardless of the form of action, exceed the total amount paid by you for use of our services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, these limitations may not apply to you.
You acknowledge that you are responsible for obtaining, maintaining and funding all telecommunications, technological, digital and other equipment required to access and use our services, including data charges from your service providers.
You agree to indemnify, defend and hold iActive Learning, our officers, directors, employees, agents, licensors and service providers harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of any provision of herein; (b) your use of or access to our services; or (c) your violation of the rights of any third party, including without limitation any copyright, property, or privacy right; or (d) any claim that content provided by you caused damage or harm to a third party. This defense and indemnification obligation will survive your use of our services.
This agreement shall be governed by, construed and enforced in accordance with the laws of The State of North Carolina, U.S.A., without regard to any conflicts of law or principle. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. You hereby consent to this choice of law, and to the exclusive jurisdiction and venue of the state and federal courts set out above for all disputes arising out of or related to this agreement and/or to the use of our services. Use of our services is unauthorized in any jurisdiction, without limitations, that does not give effect to all provisions of these terms and conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and iActive Learning, any of our licensors and service providers as a result of this agreement or use of our services.
Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Any waiver (express or implied), by either party, of any breach of this agreement, shall not constitute a waiver of any other or subsequent breach.
Any rights not expressly granted herein are reserved.
To avoid muscle, joint or eye strain during your use of our service, please take frequent breaks, and rest longer if you experience any soreness, fatigue, or discomfort.
We will never ask for private information from children. We are aware of the policies that protect children, including the Children's Online Privacy Protection Act and related rules adopted by the Federal Trade Commission.
iActive Learning, LLC
8 West Third Street, Ste. 510
Winston-Salem, NC 27101
iActive Learning, LLC
Rev. April 7, 2017