Effective date: June 18, 2020
Plural Education (also known within this document as “we”, or “us”) endeavors to provide a safe and friendly educational environment for all ages, including children, with their parents’ consent and supervision, to experience rich content. Our Services include our mobile applications, our website, and other features, content and functionality offered by us from time to time in connection with our mobile applications.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
1. GENERAL TERMS AND LICENSE
1.1. Governing Agreement
“Account Owner”—is an end user, or a parent or guardian who has created an account on behalf of a child on Plural Education’s mobile applications. Account Owners have access to varying levels of functionality and content, depending on subsequent in-app purchases made by the Account Owners.
“Parent”—is an Account Owner that is a parent or legal guardian.
“Member”—is an Account Owner who has an active subscription to access Plural Education’s apps’ premium features.
“Membership”—is a membership by an end user, parent or guardian who has subscribed to Plural Education’s apps.
“Services”—Collectively, Plural Education’s mobile and web applications, educational content, games, related services, and Plural Education’s websites.
“You” is in reference to you as the end user, or Parent, legal guardian, and your Child, whom you have granted access to the Services.
“Account Fee” – is a fee for any product or service associated with a user account including but not limited to access to Premium Services or Membership purchases.
“Subscription Fee” – is a fee for access to premium content and Services not available to non-Member account owners.
“Premium Services” – Collectively, Plural Education’s mobile application, educational content, games, related services, and areas of Plural Education’s websites not accessible to non-Member Account Owners.
1.6. Grant of a Limited License to Use the Services
1.7. Accessing the Service
You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services.
1.8. Use of the Services
You are granted the revocable, non-transferable right and license to use the Services, including Plural Education educational content and games accessed through the Services, for your private, non-commercial use. These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:
- You shall not create an account or access the Services without the express consent of a parent, or legal guardian if you are under the age of 18;
- You shall monitor your account to restrict use by minors. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account;
- You are responsible for any use of your credit card or other payment instrument (e.g. PayPal);
- You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not create an account or use any of the Services if you are a convicted sex offender;
- You shall not have an account or use any of the Services if you have previously been removed by Plural Education or previously been banned from accessing any of our Services;
- You shall use your account only for non-commercial purposes;
- You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
- You shall not use your account to engage in any illegal conduct.
1.9. Account Information
1.10. Username and Password
During the account creation process, you may be asked to select a password (“Login Information”). The following rules govern the security of your Login Information:
- You shall not share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Plural Education and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information; and
- You are responsible for anything that happens through your account.
Plural Education reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
1.11. Account Fees
Plural Education may charge an account fee or subscription fee for access to certain Services. We may change that fee at any time at our discretion. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. We may offer promotional trial subscriptions to access those Services for free or at discounted prices, as well as referral discounts or similar free access to Member benefits when referring to new users. If you sign up for a trial use or referral benefits, your rights to use the Services are limited by the terms of that trial or referral, and will terminate or renew according to the terms of your trial or referral arrangement and 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.
1.11.1. AUTHORIZATION TO CHARGE FOR USE OF SERVICES
You must use a credit card, payment via the App Store, or other payment mechanism accepted by us to activate and maintain a paid account. You authorize Plural Education to charge you through the payment mechanism that you use when you register for access to Premium Services. You are also responsible for charges for any products or Services you order that are offered for sale through our Services. If we do not receive payment via your payment mechanism, you agree to pay all amounts due hereunder upon our demand, and will be solely responsible for any dispute with your payment provider. If the payment method provided is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider.
1.11.2. SUBSCRIPTION RENEWAL
Plural Education will renew your paid access automatically unless you cancel your payment at least 24 hours prior to its renewal date. We will charge your payment mechanism monthly, yearly, or at the applicable interval that you selected at the then-current applicable price.
1.11.3. APP STORE SUBSCRIPTIONS
Subscriptions purchased inside our Plural Education apps are managed directly by the applicable App Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Plural Education relies on the App Store to collect subscription fees and to report on the status of subscription accounts that have been purchased from within the app. Plural Education does not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions.
Subscriptions are valid for at least seven (7) days. Payment for a subscription will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during the active subscription period.
1.11.4. SUBSCRIPTION CANCELLATIONS
If you subscribed through our mobile applications, then you need to follow cancellation instructions from the App Store associated with your device. After canceling a subscription, you will continue to have access to premium Services for the interval of time that has already been prepaid, which will be calculated based on the rate in effect at the date of purchase. Plural Education does not provide full or partial refunds for prepaid intervals, whatever their duration.
1.12. License Limitations
Any use of our Services in violation of these License Limitations (as defined in this Section) is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.6, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Plural Education content is a violation of Plural Education policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances (together, “License Limitations”):
- Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
- Without Plural Education’s express written consent, use the Services or any part thereof for any commercial purpose;
- Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Plural Education; or
1.13. Suspension and Termination of Account and Services
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
1.14.1. CONTENT AND SERVICES
The Services (including without limitation any content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by Plural Education, unless expressly indicated otherwise. Plural Education reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Plural Education.
Generally, accounts created with Plural Education will be considered active until we receive an Account Owner request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.
1.14.3. THIRD PARTY HYPERLINKS AND THIRD PARTY CONTENT
The Services will often have hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). Plural Education does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Furthermore, Plural Education is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Plural Education nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in Third Party Content.
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Plural Education, its subsidiaries and affiliates of the opinions or views expressed by these third party websites.
Finally, Plural Education will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
1.15. Verification and Safety
1.15.1. CREDIT CARD VERIFICATION
If you choose credit card verification, you must use a credit card that matches the name you used to sign in. Your credit card number will not be stored after verification is completed; only a record of the verification will be stored for audit purposes.
1.16. Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
2. USER CONTENT
Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“User Content”). You understand and agree that all User Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all User Content that you may upload, communicate, transmit or otherwise make available via our Services.
If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:
- not confidential;
- not in violation of law;
- not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
- free of viruses, adware, spyware, worms, or other malicious code
We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
- User Content submitted in response to Plural Education promotions, which will be subject to any Feature Terms or other terms of the promotion;
- User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
- User Content subject to a separate license with Plural Education, which will be subject to the terms of such license.
If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. PLURAL EDUCATION IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.
3. COPYRIGHT NOTICES/COMPLAINTS
It is Plural Education’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please review our Copyright Compliance Policy.
Plural Education reserves the right to terminate without notice any user’s access to any of the Services if that user is determined by Plural Education, in its sole discretion, to be a “repeat infringer.” In addition, Plural Education accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
4. UPDATES TO THE SERVICE
Plural Education may require that you accept updates to the Service and to Plural Education’s content you have installed on your computer or mobile device. You acknowledge and agree that Plural Education may update the Service with or without notifying you.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
5.1. Disclaimer of warranties
THE SERVICES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Plural Education is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLURAL EDUCATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY PLURAL EDUCATION OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Plural Education’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
6. GENERAL PROVISIONS
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
6.3. Entire Agreement
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.