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Effective URL: https://www.abcya.com/terms
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Effective URL: https://www.abcya.com/terms
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TERMS OF USE
UPDATED AND EFFECTIVE AS OF JUNE 22, 2021
These Terms of Use ("Terms") apply to the ABCya.com web site and its features,
as well as any website, mobile or software application, widgets or online
services that are owned and controlled by ABCya.com LLC ("ABCya") and that post
a link to these Terms, whether accessed via computer, mobile device or otherwise
(collectively, the "Platform"). IMPORTANT! PLEASE CAREFULLY READ THESE TERMS
BEFORE USING THE PLATFORM, INCLUDING WITHOUT LIMITATION, BY INSTALLING OR
DOWNLOADING AN APPLICATION, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
You agree to these Terms by accessing or using the Platform. IF YOU DO NOT AGREE
TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE PLATFORM.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
DISPUTES/ARBITRATION/GOVERNING LAW PROVISION BELOW, YOU AND ABCYA AGREE THAT
DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT
MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT
YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU
ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A
CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL
ACTION OR ARBITRATION.
There may be times when separate terms and conditions, in addition to these
Terms, apply to a particular service or product offered through the Platform
("Additional Terms"). In those cases, the Additional Terms control to the extent
there is a conflict with these Terms.
Please also review the terms of the Platforms Privacy Policy
TABLE OF CONTENTS
OWNERSHIP OF PLATFORM CONTENT
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Unless otherwise explicitly specified, all materials that are included in or are
otherwise a part of the Platform, including past, present and future versions,
domain names, source and object code, the Application Content (defined below)
and the "look and feel" of the Platform (collectively, the "Platform Content")
are owned, controlled or licensed by ABCya, its subsidiaries or affiliates, and
are protected from unauthorized use, copying and dissemination by copyright,
trademark, patent, and other laws, rules, regulations and treaties.
The Platform Content may not be copied, reproduced, downloaded or distributed in
any way, in whole or in part, without the express permission of ABCya, unless
and except as is expressly provided in these Terms. Any unauthorized use of the
Platform Content is prohibited.
YOUR LICENSE TO USE PLATFORM CONTENT ON OUR PLATFORM
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You may visit our Platform without further permission from ABCya and ABCya
grants you a limited, personal, non-exclusive, non-commercial, revocable and
non-transferable license to view and play the Platform Content and - if you are
accessing the Platform via an Application (defined below) on Apple's iOS, or
Google's Play Store - as permitted by the Usage Rules set forth in the Apple App
Store Terms of Service and Google Play Store's Terms of Service. This license is
subject to your full compliance with these Terms. When you download or use the
Platform Content, you must: (a) keep intact all copyright and other proprietary
notices; (b) make no modifications to the Platform Content; (c) not use the
Platform Content in a manner that suggests an association between any third
party and ABCya or any of our products, services or brands; and (d) not yourself
(and must not allow or assist any third party (whether or not for your benefit)
to) copy or adapt any object code associated with the Platform or reverse
engineer, modify or attempt to discover any source code associated with the
Platform or insert any code or product to manipulate the Platform Content in any
way that affects any user's experience. You also agree that you will not,
including by using any robot, scraper, or other data mining technology or
process, frame, mask, extract data from, copy or distribute the Platform Content
(except as may be a result of standard search engine or Internet browser usage).
We reserve all other rights to the Platform and Platform Content. You may not
otherwise copy, reproduce, distribute, publish, display, perform, or create
derivative works of the Platform or Platform Content without our permission. You
also may not transfer, resell or sublicense this limited right to use the
Platform.
APPLICATIONS
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The Platform offers features and services that are available to you via your
mobile device, which features and services may include, without limitation, (i)
applications featuring educational games, including all content, information,
data, designs, code, and materials associated with the application and all
derivative works of the foregoing ("Application Content"); and (ii) any files
that are delivered to you by ABCya (via online transmission, through a third
party distributor, or otherwise) to patch, update, or otherwise modify the
application (collectively, the "Applications"). The Applications are the
copyrighted works of ABCya and contain trademarks, service marks, trade names,
and other intellectual property of ABCya.
If you are accessing an Application via Apple Inc.'s ("Apple") App Store, you
acknowledge that Apple is not a party to and has not agreed to these Terms; that
Apple is not a sponsor of, affiliated with and does not otherwise endorse any
Application; that ABCya, and not Apple, is responsible for the Application; and
that your use of that application is also subject to Apple's Usage Rules as set
forth in the iTunes Store Terms of Service.
If you are accessing an Application via the Google Play Store, you acknowledge
that Google is not a party to and has not agreed to these Terms; that Google is
not a sponsor of, affiliated with and does not otherwise endorse any
Application; that ABCya, and not Google, is responsible for the Application; and
that your use of that application is also subject to Google Play Store's Terms
of Service.
We may charge for access to an Application and these charges will be disclosed
prior to completion of download of the Application. By downloading and/or
installing a paid Application, you agree to pay the applicable fee. ABCya may
change pricing for the Application or Application Content. We do not provide
price protection or refunds due to price reductions, promotional pricing, or any
other changes to pricing for any reason. Also, standard data and other fees may
be charged by your carrier. Fees and charges will appear on your mobile bill or
be deducted from your pre-paid balance. Your carrier may prohibit or restrict
certain Applications and certain Applications may be incompatible with your
carrier or mobile device. Contact your carrier with questions regarding these
issues.
SERVICE FEES
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You may use the Platform (or certain portions thereof) free of charge or may
have the opportunity to subscribe to the Platform on a paid basis. In addition
to the Application charges described above, we may charge periodic fees to
subscribers. Subscription may include benefits like ad-free use of the Platform
or access to content not available to non-subscribers. Should you elect to
subscribe to the Platform, you will be subject to our Payment Terms, which are
Additional Terms as defined and described above. We may offer different
subscription plans as described on the Platform, including some that offer
continuous service by automatically renewing at the conclusion of each
subscription period. ONCE YOU SUBSCRIBE TO SUCH AN ONGOING PLAN, YOUR
SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR PAYMENT CARD WILL BE CHARGED EACH
BILLING PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH
THE PAYMENT TERMS OR WE TERMINATE YOUR USE OF THE PLATFORM (AS DESCRIBED IN THE
"TERMINATION" SECTION, BELOW).
All subscription fees are non-refundable. You may cancel your subscription or
terminate your use of the Platform entirely at any time, but you will not
receive a refund or credit for any fees previously paid. ABCya reserves the
right, in its sole discretion, to change the applicable fees and modify the
Payment Terms from time to time.
MEMBERSHIP & REGISTRATION
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Subscription and certain other areas of or features on the Platform may require
registration or may otherwise ask you to provide information to participate or
access certain Platform Content. These features are limited to adult users of
the Platform. The decision to provide this information is purely optional;
however, if you elect not to provide such information, you may not be able to
participate in certain features of the Platform or access certain Platform
Content, including subscribing to the Platform. When you provide information to
the Platform, you agree to provide only true, accurate, current, and complete
information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your
membership or any membership rights. You are responsible for maintaining the
confidentiality of your password, if any, and for restricting access to your
computer (or other device, as applicable) so that others may not access the
password-protected portion of the Platform using your login information
(provided that this restriction does not apply to distribution by a Classroom
subscriber of his or her access name and access code to those making use of the
Classroom subscription with the subscriber's permission). ABCya reserves the
right (in its sole discretion) to terminate your account or otherwise deny you
access without notice.
MINIMUM REQUIREMENTS
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The Platform may require you to meet certain minimum hardware and software
system requirements ("Minimum Requirements"). If you do not meet these Minimum
Requirements, you may not be able to use the Platform or some or all of the
Platform Content may be inaccessible or not fully functional. Minimum
Requirements will be disclosed on the Platform. Please review the Minimum
Requirements carefully before using or subscribing to the Platform.
INFORMATION AND CONTENT YOU SUBMIT
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Any content you submit to ABCya or the Platform, through a "contact us"
mechanism or otherwise, will be treated as non-confidential and non-proprietary
and will not be returned. You agree that ABCya is free to use any ideas or
concepts you submit to us for any purposes whatsoever, including, without
limitation, developing, manufacturing and marketing products and services; and
creating informational articles, without any payment of any kind to you.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
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There may be links from the Platform, or from communications you receive from
the Platform, to third party web sites or online features. The Platform also may
include third party content that we do not control, maintain or endorse. Your
correspondence and business dealings with others found on or through the
Platform are solely between you and the applicable third party. You expressly
acknowledge and agree that we are in no way responsible or liable for third
party content, sites or online features.
LINKING POLICY
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ABCya grants you the revocable permission to link to the Platform; provided,
however, that any link to the Platform: (a) must not frame or create a browser
or border environment around any of the content on the Platform or otherwise
mirror any part of the Platform; (b) must not imply that ABCya or the Platform
is endorsing or sponsoring any third party or its products or services, unless
ABCya has given the third party its prior written consent; (c) must not present
false information about, or disparage, tarnish, or otherwise, in ABCya's sole
opinion, harm ABCya or its products or services; (d) must not use any ABCya
trademarks without the prior written permission from ABCya; (e) must not contain
content that could be construed as distasteful, offensive or controversial or
otherwise objectionable (in ABCya's sole opinion); and (f) must be owned and
controlled by you or the person or entity placing the link, or otherwise permit
you to enable such link subject to these Terms. Notwithstanding anything to the
contrary contained in these Terms, ABCya reserves the right to prohibit linking
to the Platform for any reason in our sole and absolute discretion.
DISCLAIMER OF WARRANTIES
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING,
WITHOUT LIMITATION, THE PLATFORM CONTENT, IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ABCYA AND EACH OF ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, OR
VENDORS (COLLECTIVELY, THE "ABCYA PARTIES") MAKE NO REPRESENTATIONS OR
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (A)
THE PLATFORM OR PLATFORM CONTENT, INCLUDING ANY APPLICATIONS; (B) THE FUNCTIONS
MADE ACCESSIBLE ON OR THROUGH THE PLATFORM; OR (C) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TRANSMITTED TO ABCYA OR VIA THE PLATFORM. IN
ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ABCYA PARTIES
HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND
FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ABCYA PARTIES DO NOT
REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT
DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE
PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT
LIMITATION, VIRUSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
ABCYA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION
ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE
OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, THE ABCYA PARTIES DO NOT WARRANT THAT YOUR USE OF THIS PLATFORM
IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ABCYA PARTIES SPECIFICALLY
DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE PLATFORM, INCLUDING
DOWNLOADING OR INSTALLING AN APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE
PLATFORM.
IF YOU ARE ACCESSING THE PLATFORM VIA AN APPLICATION ON APPLE'S IOS PLATFORM:
> IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY NOT
> EFFECTIVELY DISCLAIMED IN THESE TERMS, YOU MAY NOTIFY APPLE, AND APPLE WILL
> REFUND THE PURCHASE PRICE FOR THE APPLICATION (IF ANY) TO YOU; AND, TO THE
> MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ABCYA WILL HAVE NO OTHER
> WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER
> CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY
> FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS
> WILL BE ABCYA'S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, YOU AND
> ABCYA ACKNOWLEDGE THAT APPLE HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND
> SUPPORT SERVICES WITH RESPECT TO THE APPLICATION.
>
> NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE
> TERMS, YOU AND ABCYA ACKNOWLEDGE THAT, AS BETWEEN APPLE AND ABCYA, ABCYA IS
> RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APPLICATION
> OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED
> TO: (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE APPLICATION FAILS TO
> CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (C) CLAIMS
> ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
LIMITATION OF LIABILITY; WAIVER
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UNDER NO CIRCUMSTANCES WILL THE ABCYA PARTIES BE LIABLE TO YOU FOR INDIRECT,
ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A)
THE PLATFORM OR THE PLATFORM CONTENT; (B) YOUR USE OF, INABILITY TO USE, OR THE
PERFORMANCE OF THE PLATFORM; (C) ACTION TAKEN IN CONNECTION WITH AN
INVESTIGATION BY THE ABCYA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR
USE OF THE PLATFORM; (D) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S
TECHNICAL OPERATION; OR (F) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR
REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR
OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY
VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT WILL THE ABCYA PARTIES TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT
PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM. THE PRIOR LIMITATION ON DAMAGES IS
NOT INTENDED TO LIMIT THE ABCYA PARTIES' OBLIGATION TO PAY PREVAILING PARTY
COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET
FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE ABCYA PARTIES' LIABILITY FOR
PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE ABCYA PARTIES, OR FOR THE ABCYA
PARTIES' GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS
MISCONDUCT.
YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT
ARISE OUT OF ABCYA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE
NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY
EXPLOITATION OF THE PLATFORM (INCLUDING ANY PLATFORM CONTENT) OR ANY OTHER WEB
SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE
ABCYA PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE
DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION
OF THE PLATFORM (INCLUDING ANY PLATFORM CONTENT) OR ANY OTHER WEB SITE,
PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ABCYA
PARTIES.
BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH
RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN
ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND,
AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS
FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
INDEMNIFICATION
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To the fullest extent permitted by applicable law, you agree to defend,
indemnify and hold the ABCya Parties harmless from and against any and all
claims, damages, costs, investigations, liabilities, judgments, settlements and
expenses that directly or indirectly arise from or are otherwise directly or
indirectly related to: (a) your use of the Platform or activities in connection
with the Platform; (b) your breach or anticipatory breach of these Terms; (c)
your violation of any laws, rules, regulations, codes, statutes, ordinances or
orders of any governmental and quasi-governmental authorities, including,
without limitation, all regulatory, administrative and legislative authorities;
or (d) the ABCya Parties' use of your information as permitted under these
Terms, the Privacy Policy, or any other written agreement between you and ABCya.
You will cooperate as fully required by the ABCya Parties in the defense of any
claim. The ABCya Parties reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and you will
not in any event settle any claim without the prior written consent of a duly
authorized employee of the ABCya Parties.
TERMINATION
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ABCya reserves the right to terminate your access to and use of the Platform in
its sole discretion, without notice, including, without limitation, if ABCya
believes your conduct fails to conform with these Terms or any Additional Terms.
ABCya also reserves the right to investigate suspected violations of these
Terms. Any violation of these Terms may be referred to law enforcement
authorities. Upon termination of your access to the Platform, or upon demand
from ABCya, all rights granted to you under these Terms will cease immediately,
and you agree that you will immediately discontinue use of the Platform.
ABCya also reserves the right to modify, withdraw, suspend, or discontinue in
whole or in part (temporarily or permanently, at any time and from time to time,
and with or without notice) any materials, information, or content available on
the Platform, including, without limitation, the cessation of all activities
associated with the Platform. You agree that, except as may be required by law,
ABCya will not be liable to you or to any third party for any modification,
suspension or discontinuance of the Platform or any part thereof.
LOCATION OF PLATFORM AND TERRITORIAL RESTRICTIONS
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The information provided on the Platform is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject ABCya to any registration requirement within such jurisdiction or
country. ABCya controls and operates the Platform from offices located in the
United States and makes no representations or warranties that the information,
products or services contained on the Platform are appropriate for use or access
in other locations. Anyone using or accessing the Platform from other locations
does so on their own initiative and is responsible for compliance with
applicable laws. We reserve the right to limit the availability of the Platform
(and/or the provision of any content, program, product, service or other feature
described or available thereon) to any person, geographic area, or jurisdiction,
at any time and in our sole discretion, and to limit the quantities of any such
content, program, product, service or other feature that we provide.
Software related to or made available by this Platform may be subject to United
States export controls. Thus, no software from this Platform may be downloaded,
exported or re-exported: (a) into (or to a national or resident of) any country
to which the United States has embargoed goods or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading any software related
to this Platform, you represent and warrant that you are not located in, under
the control of, or a national or resident of, any such country or on any such
list.
You agree to comply with all rules, laws and regulations that are applicable to
your use of the Platform, including, without limitation, those governing your
transmission or use of any software or data.
DISPUTES; ARBITRATION; GOVERNING LAW
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YOU AGREE THAT THESE TERMS AND YOUR USE OF THE PLATFORM ARE GOVERNED BY THE LAWS
OF THE STATE OF RHODE ISLAND, USA. BOTH YOU AND THE ABCYA PARTIES WAIVE THE
RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A
CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL
ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE
CONTRARY, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR
THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE
ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS
OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION;
PROVIDED, HOWEVER, THE ABCYA PARTIES WILL BE ENTITLED TO SEEK INJUNCTIVE OR
EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN PROVIDENCE COUNTY,
RHODE ISLAND, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN
ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR'S
DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT
ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE
THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING
OUT OF OR RELATING TO THE PLATFORM AND YOUR USE OF THE PLATFORM WILL BE RESOLVED
SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED
ARBITRATION RULES PROCEDURES OF JAMS INC. ("JAMS") OR ANY SUCCESSOR TO JAMS. IN
THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14)
DAYS OF THE FILING OF A "DEMAND FOR ARBITRATION," THEN EITHER PARTY CAN ELECT TO
HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION
ADMINISTRATION SERVICE THAT WILL HEAR THE CASE. DESKTOP, ONLINE, WRITTEN OR
TELEPHONE ARBITRATION CAN BE USED FOR CLAIMS. IF AN IN-PERSON HEARING IS
REQUESTED BY YOU, REQUIRED BY THE ARBITRATOR OR REQUIRED BY THE RULES OF THE
ARBITRATION ADMINISTRATION HEARING THE CLAIM, THEN IT WILL TAKE PLACE IN BOSTON,
MA, NEW YORK, NY, CHICAGO, IL, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX
(WHICHEVER IS CLOSEST TO YOUR RESIDENCE). DISPUTES WILL BE ARBITRATED ONLY ON AN
INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT
INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS
OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR
ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN
THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A
COURT OF COMPETENT JURISDICTION LOCATED IN OR HAVING JURISDICTION OVER
PROVIDENCE COUNTY, RHODE ISLAND. THE ABCYA PARTIES AGREE TO PAY THE
ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT
SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF YOU ATTENDING THE
ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING
QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE
ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR
RESTRAIN THE OPERATION OR EXPLOITATION OF THE PLATFORM.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
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You may not use the Platform for any purpose or in any manner that infringes the
rights of any third party. ABCya encourages you to report any content on the
Platform that you believe infringes your rights. Only the intellectual property
rights owner or person authorized to act on behalf of the owner can report
potentially infringing content. If you have a good faith belief that content on
the Platform infringes your copyright, trademark, or other intellectual property
rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"),
ABCya has a designated agent for receiving notices of copyright infringement and
ABCya follows the notice and take down procedures of the DMCA. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide ABCya's copyright agent the following information required by the
Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C.
512: (a) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; (c)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and information reasonably sufficient to permit
us to locate the material; (d) information reasonably sufficient to permit us to
contact the complaining party; (e) a statement that the complaining party has a
good-faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and (f) a statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
If you believe that any content on the Platform violates your rights other than
copyrights, please provide ABCya with at least the following information: (a) a
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b) identification of
the material that is claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit us to locate the
material; (c) an explanation of what rights you own/have and why you believe the
content infringes your rights sufficient for us to evaluate your complaint; and
(d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the
Platform or other complaint regarding alleged violation of rights to ABCya's
copyright agent, who can be reached as follows:
ABCYA.COM DMCA COPYRIGHT AGENT
4 Richmond Square, Suite 550, Providence, Rhode Island, 02906
By phone: (855) 250-9249
By email: support [at] abcya [dot] com
NOTE: This contact information is for inquiries regarding potential copyright
and other infringement only. We have a policy of terminating the accounts of
users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have
been violated or if the DMCA requirements have been met. We may request
additional information before we remove any infringing material. If a dispute
develops as to the correct owner of the rights in question, we reserve the right
to remove your content along with that of the alleged infringer pending
resolution of the matter.
ABCya will provide you with notice if your materials have been removed based on
a third party complaint of alleged infringement of the third party's
intellectual property rights.
THIRD-PARTY BENEFICIARY
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If you access the Platform via an Application on Apple's iOS Platform, you
acknowledge and agree that Apple, and Apple's subsidiaries, are third-party
beneficiaries of these Terms, and that, upon your acceptance of the terms and
conditions of these Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a third-party
beneficiary of the Terms. If you are accessing the Platform via an Application
on Apple's iOS Platform, you agree that if the Application or your possession
and use of the Application infringes on a third party's intellectual property
rights, you will not hold Apple responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claims.
If you access the Platform via an Application in the Google Platform, you
acknowledge and agree that Google, and Google's subsidiaries, are third-party
beneficiaries of these Terms, and that, upon your acceptance of the terms and
conditions of these Terms, Google will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third-party
beneficiary of the Terms. If you are accessing the Platform via an Application
in the Google Play Store, you agree that if the Application or your possession
and use of the Application infringes on a third party's intellectual property
rights, you will not hold Google responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claims.
MISCELLANEOUS
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You agree that you will be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed to access and use the
Platform. The failure of ABCya to act with respect to a breach of these Terms by
you or others does not constitute a waiver and will not limit ABCya's rights
with respect to such breach or any subsequent breaches. No waiver by ABCya of
any of these Terms will be of any force or effect unless made in writing and
signed by a duly authorized officer of ABCya. Neither the course of conduct
between the parties nor trade practice will act to modify these Terms. ABCya may
assign its rights and duties under these Terms to any party at any time without
any notice to you. These Terms may not be assigned by you without ABCya's prior
written consent. If any provision of these Terms will be unlawful, void, or for
any reason unenforceable, then that provision will be deemed severable from
these Terms and will not affect the validity and enforceability of any remaining
provisions. The Section titles are inserted only as a matter of convenience and
have no legal or contractual effect. You agree that these Terms will not be
construed against ABCya by virtue of ABCya having drafted them.
OUR RIGHT TO UPDATE THESE TERMS
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ABCya reserves the right to modify or add to these Terms at any time ("Updated
Terms"). You agree that we may notify you of the Updated Terms by posting them
on the Platform so that they are accessible via a link on the home page, and
that your use of the Platform after we have posted the Updated Terms (or
engaging in such other conduct as we may reasonably specify) constitutes your
agreement to the Updated Terms. Therefore, you should review these Terms before
using the Platform. The Updated Terms will be effective as of the time of
posting, or such later date as may be specified in the Updated Terms, and will
apply to your use of the Platform from that point forward.
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