Last Updated: June 30, 2009
("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").
the Site, the Application and the Services and, except as otherwise
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.
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
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.
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.
Logos and icons of native Android applications represented in Zoodles Kid Mode™ are owned by such parties.
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
to restrict any rights that you may have to use and exploit any such
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 firstname.lastname@example.org, 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.
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;
- 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 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.
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
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.
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
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