Infantium - Terms of Use

Terms of Use

 

Welcome to the Infantium educational program. This program is composed of two elements: the applications (the “Applications”) and a progress tracking and recommendation service (the “Service”).

This document sets forth the terms and conditions governing the Program and your use of the Service (collectively, the “Terms and Conditions”). In order to use the Service, you must agree to the Terms and Conditions. By signing in and using the Service, you specifically agree to abide by the Terms and Conditions and any modifications thereto. You must be 18 years of age or older to create an Infantium account.

 

Free and Voluntary Account creation.

Creation of an account is free and the Service is provided free of charge to people who purchase the Applications. Creating an account is not an obligation and the Applications are designed to function without an account. Creating an account allows you to benefit from certain additional features offered by the Service such as receiving personalized emails about the progress of your child. Since the Applications are designed for preschool children who do not know how to read or type, we assume that the person creating the account is an adult. Nonetheless, by providing personally identifiable information to us, you certify that you are 18 years or older and agree that we may collect, use and when necessary disclose this information in accordance with these Terms of service and our privacy Policy.

 

Account Information

The Service will require you to register an account before use. Should you choose to register for the Service, you agree to provide accurate and current information about yourself and to promptly update such information as necessary in order to ensure that it is accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Service, and (b) all activities that occur under such password or account. Further, you agree to notify Infantium of any unauthorized use of your password or account.

 

Application Download

The Service allows you to optionally download and install a number of applications, which are part of the Program. By installing the Software, you agree that Infantium shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of the Software. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software and Applications. The Software is licensed to you for the term of your use of the Service and not sold to you. Your right to use the Software is limited, personal, non-transferable, and non-exclusive.

 

Use of the Software is further subject to the following restrictions:

1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.

2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.

3.You may not rent, lease, or sublicense the Software, create derivative works based on the Software, or otherwise commercially exploit the Software.

 

User’s Obligation to Abide By Applicable Law.

 

In connection with the use of the Service, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Applications and the Service includes intellectual property that is protected under the copyright, trademark and other intellectual property laws of Spain, European Union countries, the United States, Canada and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

 

No License; Intellectual Property of Infantium and Other Parties

 

Except as expressly provided, nothing herein or within the Service and the Applications shall be construed as conferring any license under any of Infantium or any third party’s intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Service and Applications, including without limitation the Software, is protected by copyright, trademark, patent, or other proprietary rights of Infantium, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of the Terms of Service, including, without limitations, full and strict compliance with all of the following limitations: you undertake, acknowledge and agree that you shall not, and shall not allow any other third party, to (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a “Notice”) from the Service; (b) make a use of the Service for any purpose other than the purpose for which such intellectual property is made available to you through the Service; (c) modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of any software or programs used in connection with the Applications and the Service; or (d) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software or programs used in connection with the Applications and the Service.

 

Prohibition Against Rogue Programming

 

You shall not post, transmit or make available in any way through the Service any software or other materials which contain a computer virus, Trojan horse, time bomb, worm or other rogue programming (“Rogue Programming”). Infantium has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Service is at your own risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming.

 

Content of Information

 

You are responsible for the content of any information you post to the Service. Infantium has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the Service. Infantium reserves the right to review any information that is or becomes available on the Service. Infantium reserves the right to remove any information that is, in Infantium sole discretion, unacceptable, undesirable or in violation of these rules. However, Infantium has no obligation to exercise such reservation of rights by Infantium.

 

Disclaimer of Warranties

 

THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Damages

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INFANTIUM, ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

 

Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST INFANTIUM, INFANTIUM LICENSORS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, INFANTIUM, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.

 

Service Modifications

 

You acknowledge and agree that Infantium reserves the right at any time to modify or discontinue the Service with or without notice to you, and that Infantium will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance. Termination You acknowledge and agree that Infantium, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Service, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Infantium believes that you have violated any of the Terms and Conditions. You further agree that Infantium shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Infantium in operating the Service, your sole and exclusive remedy is to discontinue using the Service and use the Applications in anonymous mode without use of the Service. Infantium shall not be required to refund to you any amounts paid for the Applications for interruption of the Service or any other reason.

 

Trademarks and Copyright

Infantium is a trademark of Infantium. All product, brand and company names and logos used on the Applications and Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the express written consent of Infantium or the owner of the mark, as appropriate, is strictly prohibited.

 

Copyright Notices

 

All information and content contained on, or made available over, the Applications and the Service are copyright of Infantium or its licensors. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and Infantium.

 

Governing Law The Terms and Conditions constitute the entire agreement between Infantium and you pertaining to your use of the Application and the Service and supersede any prior agreements between you and Infantium. Infantium ‘s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Barcelona, Spain. You agree that any dispute in connection with the Service shall be the sole and exclusive jurisdiction of the courts of Barcelona, Spain and you irrevocably agree to the jurisdiction of such courts.

 

Communications

 

In connection with the Service you may receive communications inside the applications, through email. These communications may be of an informative nature such as the learning progress of a child or a recommendation or they may be of a promotional nature such as information about new Applications or price promotions available in the Program. If you do not wish to receive such communications your sole and exclusive remedy is to discontinue using the Service and continue to use the applications in anonymous mode without using the Service. Modifications to the TERMS And Conditions The Terms and Conditions are subject to change from time to time, and your continued use of the Service is conditioned upon your acceptance of any modifications hereto. If you have any questions or concerns regarding this Agreement, please email: hello@Infantium.com