Terms of Use Agreement
This
Terms of Use Agreement sets forth the standards of use of the Native Brain
website and online services (“Service”), and Native Brain Mobile Application
(“Product”). By using the Native Brain website (the “Site”) and/or the Native
Brain Service or Product you (“the User”) agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement, you should
not use this Site or Service or download the Product. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective
immediately upon being posted on our site or in our Product. Your continued use
of the Service and Product after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. In
addition to these terms, your use of the Product may be governed by agreements
with the third party vendor from whom the Product was downloaded. We encourage you to review the terms and
privacy policies of these third party vendors.
1. Description of Product and Service
The
Native Brain Product and Service provides Users with data-enabled learning
applications and experiences, including mobile applications targeting a child’s
core fundamental skills, enrichment classes, and tools for Users to chart,
monitor and manage the progress of their children who use the Product.
2. Membership Terms
The
Native Brain Product includes educational applications and other activities to be accessed
and played on Users’ mobile devices.
Users are responsible for all data and service charges from their mobile
service providers. Users can
download and use the Product through third party vendor application
stores. Certain Product features
may only be available to registered Users of the Native Brain Service, which
includes additional tools and information relating to Native Brain’s learning
applications and experiences.
Users
can access the Service by registering through the Native Brain Site. Subscription fees for use of the Service
may apply. Native Brain reserves
the right to modify subscription fees and other charges at any time.
3. Rules, Responsibilities and
Obligations
The Native Brain Product
and Service is intended for use by children only with the supervision and
consent of their legal guardian.
Users agree to supervise use of the Product and/or Service by minors in
their care as appropriate and as necessary.
Users
agree to not use the Service and/or Product to: (i) upload, post, email or
otherwise transmit any content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another`s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way; (iii) impersonate any person or entity, including,
but not limited to, a Native Brain official, guide or host, or falsely state or
otherwise misrepresent User`s affiliation with a person or entity; (iv) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the Service and/or Product; (v) upload, post,
email or otherwise transmit any content that User does not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); (vi) upload, post, email or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; (vii) upload, post, email or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as a marketplace or classifieds) that are designated for
promotional purpose; (viii) upload, post, email or otherwise transmit any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; (ix) disrupt the
normal flow of dialogue or otherwise act in a manner that negatively affects other
users` ability to engage in real time exchanges; or (x) interfere with or
disrupt the Service and/or Product or servers or networks connected to the
Service and/or Product, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service and/or Product.
Native Brain does not
knowingly collect personal information from children under the age of 13. Any information collected from use of
the Product by children is strictly anonymous and/or is aggregated and anonymized
data relating to use of the Product.
Any personal information submitted through the Site or the Service is
collected from Users (parents or guardians) over the age of 18. By using the Site, the Product, or the
Service, you represent that you are over the age of 18, that you are the parent
or legal guardian of any child for whom you may submit information, that you
consent to the collection and use of your (or your child’s) information by
Native Brain consistent with our Privacy Policy, and that you consent to your
child’s use of the Product and Service.
Native
Brain shall have the right, but not the obligation, to monitor the content of
the Native Brain Site and Service, including messages and statistics, to
determine compliance with this Agreement and any operating rules established by
Native Brain and to satisfy any law, regulation or authorized government
request. Native Brain shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on the Native Brain
website.
Native
Brain reserves to right to discontinue membership of any User who fails to
comply with these terms.
4. Release and Waiver of Rights
You
release Native Brain and expressly waive any and all claims against Native
Brain that may arise from your or your child’s use of the Service and/or
Product. Specifically, without
limitation, by uploading content within the Service and/or Product, you release
Native Brain and expressly waive all claims against Native Brain arising from
or relating to any intellectual property or other proprietary rights, rights of
privacy and publicity, rights of attribution, moral rights, or any other rights
under any applicable laws that may arise from your use (or your child’s use) of
the Service and/or Product.
5. Communications from Native Brain
The
User agrees to allow Native Brain to send information regarding the Product and
Service from time to time. This information may be of a corporate, promotional,
third-party advertising, or product nature. Native Brain may contact the User
via email, billing address, SMS messaging, in-app messaging or through message
system on the Service website. At any time the User may opt out of receiving
such information by contacting Native Brain customer support. For more
information on Native Brain’s use of member information, read Native Brain’s
Privacy Policy.
6. Third-Party Sites
Our
website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. Users acknowledge that
Native Brain is not responsible for the availability of, or the content located
on or through, any third-party site. Users should contact the site
administrator or webmaster for those third-party sites if Users have any
concerns regarding such links or the content located on such sites. Use of
third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. Native Brain encourages all Users to
review terms of use and privacy policies of third-parties sites.
Any
dealings with advertisers found on the Native Brain site are solely between the
User and that advertiser. Native Brain shall not be responsible for, or liable
for, any losses or damages that occur in any dealing Users may have with any
advertisers on the website. Users agree to assume the sole risk in dealing with
any of said advertisers.
7. Modifications and Interruption to
Service or Product
Native
Brain reserves the right to modify or discontinue the Service and/or Product
with or without notice to a User. Native Brain shall not be liable to a User or
any third party should Native Brain exercise its right to modify or discontinue
the Service or Product at any time. Member acknowledges and accepts that Native
Brain does not guarantee continuous, uninterrupted or secure access to the
Service or Product and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of our control.
8. Disclaimer of Warranties
The Service and Product are provided by native brain
on an `as is` and on an `as available` basis., native brain makes no
representations or warranties of any kind, express or implied, regarding the
use or the results of the Service and Product in terms of its correctness,
accuracy, reliability, or otherwise. native brain shall have no liability for
any interruptions in the use of the Product or Service. To the fullest extent
permitted by applicable law, native brain disclaims all warranties with regard
to the information provided, including the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties; therefore the
above-referenced exclusions may be
inapplicable to some users.
native brain does not warrant that its Product or
Service will operate error-free or that its application, website and server are
free of computer viruses and other harmful goods. If the User`s use of native
brain Product or Service results in the need for servicing or replacing
equipment or data, native brain is not responsible for those costs.
9. Limitation of Liability
NATIVE
BRAIN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NATIVE
BRAIN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING
OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT
LAW, OR OTHERWISE, EVEN IF NATIVE BRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE
ABOVE LIMITATIONS MAY BE INAPPLICABLE.
10. Indemnification
Users
hereby release and waive all claims against Native Brain with respect to any
intellectual property or other proprietary rights, rights of privacy and
publicity, rights of attribution, or any other liability under the applicable laws.
Users
agree to indemnify and hold Native Brain, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys` fees and costs, made by any third party due to
or arising out of User`s use of the Service or Product, the violation of this
Agreement, or infringement by a User, or other User of the Service or Product
using a User’s Native Brain membership privilege, of any intellectual property
or any other right of any person or entity.
11. Governing Jurisdiction of the Laws
of Massachusetts
These
Terms of Use are governed by the laws of the Commonwealth of Massachusetts,
without giving effect to any choice of law rules. We make no representation
that our Site, Service and/or Product are appropriate, legal or available for
use in locations outside of the United States. Accordingly, if you choose to
access our Site and/or use the Service or Product you agree to do so subject to
the laws of Massachusetts and the United States.
12. Compliance with Laws
User
assumes all knowledge of applicable law and is responsible for compliance with
any such laws. User may not use the Service and/or Product in any way that
violates applicable state, federal, or international laws, regulations or other
government requirements. User further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, national, or international
law or regulation.
13. Native Brain Copyrights and
Trademarks
All
content included or available on this Site or within the Service or Product,
including site design, text, graphics, interfaces, and the selection and
arrangement thereof is the property of Native Brain and/or third parties and is
protected by intellectual property rights. Any use of materials on the Site or
within the Service or Product, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of Native Brain is
strictly prohibited. Users agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy the Product,
Service, Site or any portion thereof.
NATIVE
BRAIN, THE FUTURE IS LEARNING and the Native Brain Logo are trademarks of Native
Brain. Native Brain’s trademarks
may not be used in connection with any product or service that is not provided
by Native Brain, unless such use is expressly authorized by Native Brain. Native Brain’s trademarks may not be
used in any manner that is likely to cause confusion among customers or in any
manner that disparages or discredits Native Brain.
All other
trademarks displayed on the Site or that may appear within the Product are the
trademarks of their respective owners, and their appearance constitutes neither
an endorsement, nor a recommendation of those vendors. In addition, such use of
trademarks or links to the websites of Vendors is not intended to imply,
directly or indirectly, that those vendors endorse or have any affiliation with
Native Brain.
14. Other Terms
If
any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
Native Brain, in our sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply in addition to, and
shall not be superseded by, any other written agreement between us in relation
to your participation as a User. User agrees that by accepting this Terms of
Use Agreement, User is consenting to the use and disclosure of their personally
identifiable information and other practices described in our Privacy Policy.