Terms of Use

MINDPLAY WEBSITE PROPERTIES TERMS OF USE

Welcome to the MindPlay Web Sites (“the Website”). Through the Website, you have access to a variety of resources and content, including (a) software, applications and software-as-a-service offerings; (b) Web pages, data, messages, text, images, photos, graphics, audio and video, documents such as press releases, white papers, and product information and data sheets; and (c) web forms, chat areas, bulletin boards, email functions, and other functions and services in connection with which you can upload, download, share, email, post, transmit or otherwise access or make available information (all of the foregoing collectively referred to as “Content”). These Terms Of Use apply to the entire contents of this website under the domain names mindplay.com, academy.mindplay.com, and parents.mindplay.com (“Website”) and to any correspondence, including by email, chat, web-form, or otherwise, between us and you. Please read these terms carefully before using this Website. These Terms of Use are a legal agreement between you (“You” or “Your”) and MindPlay Education, LLC, and its affiliated companies (“We” or “MindPlay”). Using this Website indicates that you accept these terms regardless of whether or not you purchase any software from us. If you do not accept these terms, do not use this Website. This Website and all of its Content, including but not limited to, all text and images are owned and copyrighted by MindPlay Education, LLC (“MindPlay”) and its licensors.

1. INTRODUCTION

You may access many areas of this Website without registering your details with us. By accessing any part of this Website, you agree to follow and be bound to the terms and conditions concerning your access to and use of the Website as set forth in these Terms of Use, and to our Privacy Policy. MindPlay may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use and Privacy Policy.

MindPlay reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website with or without notice; limit the Website’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, submission, feature, product or other Content offered through the Website. Your continued use of the Website after such changes will indicate your acceptance of such changes. You should check this Website from time to time to review the then current Terms of Use. Some areas of the Website and/or Content provided on or through the Website may have additional terms, guidelines, license agreements, user agreements, or other agreements or privacy policies that apply to your access and use of that area of the Website or that Content (including terms and conditions applicable to an educational institution, government agency, corporation or other organization and its users). If there is a conflict between these Terms of Use and the terms, guidelines, license agreements, user agreements, or other agreements or privacy policies for a specific area of the Website or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Website or Content.

2. LICENSE AND CONDITIONS

MindPlay grants you a limited license to access and make use of the Website. As a condition of such license, you agree:

1. not to download or modify any part of the Website, except with the express and prior written consent of MindPlay;
2. not to download or copy any account information for the benefit of another merchant;
3. not to collect or make any use of any product listings, descriptions, or prices;
4. not to resell or make any commercial use of this Website or its contents;
5. not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of MindPlay;
6. not to make any derivative use of this Website or its Content;
7. not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MindPlay and its group companies without express written consent of MindPlay;
8. not to use any meta tags or any other “hidden text” utilizing the MindPlay name or trademarks without the express written consent of MindPlay; and
9. not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from MindPlay.

The copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphics, and other Content) are owned by MindPlay or its licensors. If you breach any of these Terms of Use, your permission to use this Website automatically terminates. You are also advised that MindPlay reserves all rights to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademarks of MindPlay indicated on the Website are trademarks of MindPlay or its group companies, used and/or registered in the United States and other countries. Other names appearing on the Website may be trademarks of their respective owners. Without the prior consent of MindPlay, you agree not to display or use in any manner the MindPlay trademarks.

Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

While MindPlay attempts to ensure that this Website is normally available 24 hours a day, MindPlay shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond the control of MindPlay.

4. VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. MindPlay shall have no obligations with respect to such material. MindPlay and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2. for which you have not obtained all necessary licenses and/or approvals; or
3. which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).

MindPlay shall fully cooperate with any law enforcement authorities or court order requesting or directing MindPlay to disclose the identity or locate anyone posting any material in breach of this paragraph 4.

5. LINKS TO AND FROM OTHER WEBSITES

Links to third-party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. MindPlay has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. MindPlay therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

1. you do not remove, distort or otherwise alter the size or appearance of the MindPlay logo;
2. you do not create a frame or any other browser or border environment around this Website;
3. you do not in any way imply that MindPlay is endorsing any products or services other than its own;
4. you do not misrepresent your relationship with MindPlay nor present any other false information about MindPlay or any of our products or services;
5. you do not otherwise use any MindPlay trademarks without the express written permission from MindPlay;
6. you do not link from a website that is not owned by you; and
7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8. you agree that MindPlay may request that you remove any link to this Website at any time for any or no reason without obligation or liability to you, and that you will promptly comply and cause all links to be removed upon receipt of such notice.
9. you shall fully indemnify and hold MindPlay harmless from any claim, loss, damage or liability arising from or relating to your breach of this paragraph 5.

MindPlay expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take any action it deems appropriate.

6. DISCLAIMER

While MindPlay attempts to ensure that the information on this Website is correct, MindPlay does not warrant the accuracy and completeness of the material on this Website; that the Website or Content will meet your requirements; that the Website or Content will be available on an uninterrupted, timely, secure, or error-free basis; that results that may be obtained through use of the Website or any Content provided on or through the Website will be accurate or reliable; or that the quality of any Content purchased or obtained by you on or through the Website will meet your expectations. MindPlay may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and MindPlay makes no commitment to update such material. The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, MindPlay provides you with this Website on the basis that MindPlay excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this agreement might have effect in relation to this Website.

7. LIABILITY

To the maximum extent available under applicable law, MindPlay, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the MindPlay affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website or any Content in any way, or in connection with the use, inability to use or the results of use of this Website or any Content, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or any websites linked to this Website, or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held legally invalid, disclaimers, exclusions, and limitations set forth in these Terms of Use, including those set forth in Sections 6 and 7, do not apply and all other terms shall remain in full force and effect.

8. PRIVACY

MindPlay is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see MindPlay’s Privacy Policy. When personal information is provided to MindPlay through the Websites, the information will be processed from and stored on servers located in the United States and globally, and by using the Websites, you acknowledge and give MindPlay authorization to such transfer, processing and storage. You understand that MindPlay collects, uses, processes, possesses and otherwise stores your personal information and utilization data, and may share such data with third-party service providers for the purposes of improving or providing services subject to MindPlay’s Privacy Policy.

9. GENERAL

1. Governing Law and Jurisdiction. This Terms of Use agreement shall be governed by and construed in accordance with the laws of the state of Delaware. Any dispute arising out of or connected with this agreement shall be subject to the exclusive jurisdiction of the courts of the state of Delaware or of the U.S. District Court for Delaware.
2. Entire Agreement. These Terms of Use constitute the entire agreement between you and MindPlay and govern your use of the Website, superseding any prior agreements between you and MindPlay with respect to the Website, provided however, that you will be subject to additional terms and conditions that will apply when you use or access certain areas of the Website or specific Content, including when you purchase MindPlay services and products, and in such event, these Terms of Use will be superseded by any terms, guidelines, license agreements, user agreements, or other agreements or privacy policies for a specific area of the Website or for specific Content, product or services, to the extent inconsistent with these Terms of Use.
3. Waiver and Severability of Terms. The failure of MindPlay to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
4. Statute of Limitations. You agree that, to the maximum extent permitted under applicable law, any claim or cause of action you may have arising out of or related to these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Issue Date: Jul 7, 2022