Zoodles Terms of Use
Last Updated: June 30, 2009
Inquisitive Minds
("Inquisitive Minds" or "we") provides www.zoodles.com (the "Site")
and a downloadable browser (the "Application"), all of which
contribute to form our online educational services (the "Services").
Please read the following terms and conditions ("Terms of Use")
carefully. These Terms of Use govern your access to and use of
the Site, the Application and the Services and, except as otherwise
provided in these Terms of Use, all text, graphics, images, music, software,
audio, video, information or other materials available through the Site
("Content"), and constitute a binding legal agreement between
you and Inquisitive Minds.
Certain areas of the
Site (and your access to or use of certain Services, Content or the
Application) may have different terms and conditions posted or may require
you to agree with and accept additional terms and conditions.
If there is a conflict between these Terms of Use and terms and conditions
posted for a specific area of the Site, Services, Content or the Application,
the latter terms and conditions shall take precedence with respect to
your use of or access to that area of the Site, Services, Content or
the Application.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY UTILIZING THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, CONTENT OR THE APPLICATION.
Modification
Inquisitive Minds reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or the Application or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the home page of the Site. By continuing to access or use the Site, the Services or the Application after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site, the Services and the Application.
Eligibility and Account Registration
In order to access certain
features of the Site and Services and to post any Content on the Site
or through the Services, you must register to create an account ("Account")
and become an "Inquisitive Minds Parent." To become
an Inquisitive Minds Parent you must be at least 18 years old.
Any registration by anyone under 18 is void. By completing the
registration process to create an Account, you represent and warrant
that you are 18 or older.
During the registration
process, you will be required to provide certain information and you
will establish a username and a password. You agree to provide
accurate, current and complete information during the registration process
and to update such information to keep it accurate, current and complete.
Inquisitive Minds reserves the right to suspend or terminate your Account
if any information provided during the registration process or thereafter
proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Inquisitive Minds of any unauthorized use of your Account.
Accounts and Paid Features
Inquisitive Minds offers
a free Account (no fees) and the option to enhance your account with
paid features ("Paid Features"). A description of our
Paid Features and subscription plans is available at http://www.zoodles.com/home/pricing.
You may change your account options at any time by clicking on "Billing Info" from any page that contains this link.
When you select to take advantage of Inquisitive Minds' Paid Features, you will be required to provide customary billing information such as name, billing address, and payment information and select a subscription plan.
Payment Terms
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services, if any, and any Paid Features you may elect. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. Further information on Inquisitive Minds' payment terms can be found at http://www.zoodles.com/home/legal/payment.
Privacy
See Inquisitive Minds' Privacy Policy at www.zoodles.com/home/legal/privacy for information and notices concerning Inquisitive Minds' collection and use of your personal information.
Ownership
The Site, Services, Content and the Application are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Inquisitive Mind and its licensors exclusively own all right, title and interest in and to the Site, Services, Content and the Application, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content or the Application.
Logos and icons of native Android applications represented in Zoodles Kid Mode™ are owned by such parties.
Content License
Subject to your compliance with the terms and conditions of these Terms of Use, Inquisitive Minds grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or the Application, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Inquisitive Minds or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
Application License
Subject to your compliance with these Terms of Use, Inquisitive Minds grants you a non-exclusive and non-transferable license to install and use the executable form of the Application, solely for your personal use. You may make a single copy of the Application for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Application. Inquisitive Minds reserves all rights in the Application not expressly granted to you in this Agreement.
User Content
Members may post, upload,
publish, submit or transmit text, graphics, images, music, software,
audio, video, information or other materials to be made available through
the Site and Services ("User Content"). You grant to all
other users of the Site a limited, non-exclusive, non-transferable license,
without the right to sublicense, to access, view, download and print
any User Content, except for any images you choose to upload
of your children, solely for such users' personal and non-commercial
purposes. You hereby grant Inquisitive Minds, our licensees and business
partners a non-exclusive, worldwide, royalty-free, sublicensable, perpetual
and irrevocable right and license to use and exploit your User Content,
except for any images you choose to upload of your children, for
any purpose. If you choose to upload images of your children, you grant
Inquisitive Minds a limited, non-exclusive, license to access, view
and display these images to you in connection with your use of the Site
and Services. Inquisitive Minds does not claim any ownership rights
in any such User Content and nothing in these Terms of Use will be deemed
to restrict any rights that you may have to use and exploit any such
User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Inquisitive Minds the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Inquisitive Minds' use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at feedback@zoodles.com, through our online form www.zoodles.com/support/report, and through our forums on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Inquisitive Minds and you hereby irrevocably assign to Inquisitive Minds and agree to irrevocably assign to Inquisitive Minds all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Inquisitive Minds' request and expense, you will execute documents and take such further acts as Inquisitive Minds may reasonably request to assist Inquisitive Minds to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
General Prohibitions
You agree not to do any of the following while using the Site, Services, Content or the Application:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, Services or any individual element or materials within the Site, Inquisitive Minds' name, any Inquisitive Minds trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page or the Application, without Inquisitive Minds' express written consent;
- Access, tamper with, or use non-public areas of the Site, Inquisitive Minds' computer systems, or the technical delivery systems of Inquisitive Minds' providers;
- Attempt to probe, scan, or test the vulnerability of any Inquisitive Minds system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Inquisitive Minds or any of Inquisitive Minds' providers or any other third party (including another user) to protect the Site, Services, Content or the Application;
- Attempt to access or search the Site, Services, Content or the Application or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Inquisitive Minds or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Inquisitive Minds trademark, logo URL or product name without Inquisitive Minds' express written consent;
- Use the Site, Services, Content or the Application for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Content or the Application to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Content or the Application;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Inquisitive Minds will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Inquisitive Minds may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Inquisitive Minds has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Inquisitive Minds reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Inquisitive Minds, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.
Copyright/DMCA Policy
Inquisitive Minds respects copyright law and expects its users to do the same. Inquisitive Minds has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Inquisitive Minds' Copyright/DMCA Policy at www.zoodles.com/home/legal/dmca, for further information.
Links
The Site, Service and the Application may contain links to, or direct you to, third-party websites or resources. You acknowledge and agree that Inquisitive Minds is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Inquisitive Minds of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms of Use, Inquisitive Minds will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. Inquisitive Minds reserves the right to revoke your access to and use of the Site, Services, Content and the Application at any time, with or without cause. In the event Inquisitive Minds terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@zoodles.com or through your Account settings.
Disclaimers
THE SITE, SERVICES, CONTENT
AND THE APPLICATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INQUISITIVE
MINDS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
INQUISITIVE MINDS MAKES
NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR THE APPLICATION WILL
MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE,
OR ERROR-FREE BASIS. INQUISITIVE MINDS MAKES NO WARRANTY REGARDING
THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED
THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE,
SERVICES OR THE APPLICATION.
A SMALL PERCENTAGE OF
USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING AND OR ACCESSING
THE SITE, CONTENT, SERVICES OR THE APPLICATION. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO
USING THE SITE, CONTENT, SERVICES OR THE APPLICATION. IMMEDIATELY DISCONTINUE
USE OF THE SITE. CONTENT, SERVICES OR THE APPLICATION AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM INQUISITIVE MINDS OR THROUGH
THE SITE, SERVICES, CONTENT OR THE APPLICATION WILL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT INQUISITIVE MINDS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES INQUISITIVE MINDS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. INQUISITIVE MINDS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold Inquisitive Minds, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Use.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE
THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING
OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CONTENT, AND THE
APPLICATION REMAINS WITH YOU. NEITHER
INQUISITIVE MINDS NOR ANY OTHER party involved in creating, producing,
or delivering the Site, Services, Content
OR THE APPLICATION will be liable for
any incidental, special, exemplary or consequential damages, INCLUDING
LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS
OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS arising ouT of or in connection with thESE TERMS or from the
use OF or inability to use the SITE, ServiceS,
CONTENT OR THE APPLICATION, OR FROM ANY COMMUNICATIONS, INTERACTIONS
OR MEETINGS WITH OTHER USERS OF the SITE
OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS
A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty,
contract, tort (including negligence), PRODUCT LIABILITY or any other
legal theory, and whether or not INQUISITIVE MINDS has been informed
of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. YOU SPECIFICALLY
ACKNOWLEDGE THAT INQUISITIVE MINDS IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FURTHER, INQUISITIVE MINDS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD
PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE
SITE OR THROUGH THE SERVICES OR THE APPLICATION.
IN NO EVENT WILL INQUISITIVE
MINDS' AGGREGATE LIABILITY arising out of or in connection with THESE
TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, CONTENT
OR THE APPLICATION EXCEED THE AMOUNTS YOU HAVE PAID TO INQUISITIVE MINDS
FOR THE USE OF THE SITE, SERVICES, CONTENT AND/OR THE APPLICATION GIVING
RISE TO A CLAIM IN THE TWELVE MONTHS PRECEDING THE DATE OF SUCH CLAIM.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN INQUISITIVE MINDS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Inquisitive Minds used herein are trademarks or registered trademarks of Inquisitive Minds. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between Inquisitive Minds and you regarding the Site, Services, Content and the Application and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Inquisitive Minds and you regarding the Site, Services, Content and the Application.
Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Inquisitive Minds' prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Inquisitive Minds may assign or transfer these Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by Inquisitive Minds via email (in each case to the address that you provide) or (y) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Inquisitive Minds to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Inquisitive Minds. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Open Source Software
Portions of the service contain Open Source Software. Attributions and licenses can be found at http://www.zoodles.com/home/legal/oss.
Contacting Inquisitive Minds
If you have any questions
about these Terms of Use, please contact Inquisitive Minds
at
feedback@zoodles.com
.
