Square Panda Services Terms of Use

Updated and Effective September 30, 2019

Introduction

Square Panda Inc. ("Square Panda") owns and operates the Square Panda mobile games and applications including programs and applications utilized by parents and education professionals (the "Teaching Services") and applications that students can use to aid the development of literacy skills (the "Student Services"); the Teaching Services and Student Services, collectively, the "Services" that support early literacy skills in the classroom. 

 

The Services are available to a variety of users (collectively, "You"):

  • The Teaching Services and the Student Services are available to Education Institutions ("Customers"): Administrators, teachers and other education professionals ("Teachers", "Administrators") to use with their students, whom they are responsible for overseeing in the Services. The Customer must designate single administrator ("Customer Administrator") to facilitate license distribution among schools and/or classrooms.
  • The Teaching Services and the Student Services are available to Home Users: Parents to use with their children, for whom they are responsible for overseeing in their use of the Student Services.

By creating an account (the "Account") and accessing the Services, you agree that you are 18 years of age or older, are lawfully able to enter in a contract and agree to be bound by these Terms of Use ("Agreement"). If you have entered into this Agreement on behalf of your organization, you represent that you have the authority to bind that organization to this Agreement, and that you have the right to upload or authorize upload of your and your students' data. If you have entered into this Agreement as a Home User, you represent and agree that you are 18 years of age or older, are lawfully able to enter in a contract and agree to be bound by these Terms of Use, have the authority as the parent or other legal guardian of any student associated with your Account, and that you have the right to upload or authorize upload of your and your students' data. 

 If you do not have the necessary authority, or if you do not agree with these Terms of Use, then you may not use the Services. 

Square Panda reserves the right to change these Terms of Use at any time. We will provide you with notice prior to making such changes. Should we make material changes to the Terms of Use, we will provide you with notice prior to making such changes and request your consent in accordance with applicable law. The "last updated" date indicates when the Terms were last revised. 

 

Service Fees, Payments, Billing

You acknowledge that you are responsible for paying all fees incurred during your use of the Services. You are entitled to a full refund of the purchase price for any reason within 3 days of purchase. To make such a request, please contact our Customer Service team at support@squarepanda.com. 

Square Panda may suspend the Services at any time, without notice, for failure to pay fees promptly. 

 

Intellectual Property

You acknowledge that the Services, including all trademarks, service marks and logos are owned by or licensed to Square Panda and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Services, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Services. This Agreement does not convey any rights of ownership in or related to the Services, or Intellectual Property owned by Square Panda to you. 

 

License 

Square Panda grants you a personal, revocable, non-exclusive, non-transferable, limited permission to access the Services provided that you comply with this Agreement. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Services. You also warrant to Square Panda that you will not use the Services for any purpose that are unlawful, prohibited by any applicable regulation or are otherwise inconsistent with this Agreement. 

 

Your Responsibilities

To use the Services you will be asked to create an Account. You are solely responsible for all activities that occur in connection with your Account and represent that you will comply with this Agreement and all applicable laws. You shall maintain the confidentiality of your account name and password; notify us immediately of any unauthorized access or use of your account, ensure that your account is used at all times in compliance with this Agreement and not impersonate another user or provide false information in an attempt to gain access to the Services. 

 

Restrictions

You grant us a non-exclusive, worldwide, fully-paid-up, royalty-free license to use the information, data, content, and other materials uploaded through your Account to the Services (the "Content") solely for purposes of furnishing the Services to you and in accordance with our Privacy Policy. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. 

 

You will not (and will not allow any third party to):

  1. Upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, libelous, invasive of another's privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable to Square Panda;
  2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through the Services;
  3. Upload, post, e-mail or otherwise transmit any materials that you do not have the right to transmit under any law or under contractual or fiduciary relationships;
  4. Upload, post, e-mail or otherwise transmit any material that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user's usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  6. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  7. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or
  8. Provide inaccurate information or impersonate another person or entity.

 

Privacy

Square Panda represents that it will comply with all applicable laws, including those related to protection of personal data stored and maintained through the Services. 

We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed at Privacy Policy. Personal data you provide to us is subject to the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personally identifiable information as described in the Privacy Policy. 

 

Family Educational Rights and Privacy Act ("FERPA")

If you are a Customer subject to the Family Educational Rights and Privacy Act ("FERPA"), you agree to appoint Square Panda as a "school official" as that term is defined in FERPA and as interpreted by the Family Policy Compliance Office, and determine that Square Panda has a "legitimate educational interest" for the purpose of delivering the Services in accordance with this Agreement. Square Panda agrees that it shall be bound by all relevant provisions of FERPA, including operating under the direct control of your education institution with respect to handling of "personally identifiable information" from "education records", as those terms are defined in FERPA. Square Panda further agrees that personally identifiable information from students will not be disclosed to third parties except as required to provide Services to you as contemplated in this Agreement. 

 

Children's Online Privacy Protection Act ("COPPA")

Customers: If you allow students under the age of 13 to submit personal information as defined in the Children's Online Privacy Protection Act ("COPPA") to Square Panda, you agree that you will be responsible for obtaining verifiable parental consent prior to allowing such students to use the Services. Square Panda will otherwise fully comply with COPPA. 

Home Users: We will not collect personal data from children under the age of 13 without first obtaining the verifiable, prior consent from the parent or legal guardian in accordance with the requirements of COPPA and as explained in our Privacy Policy

 

Security

Square Panda implements and maintains commercially reasonable security practices appropriate to the nature of the personally identifiable information collected and maintained through the Services in order to protect such information from unauthorized access, destruction, use, modification or disclosure. The Internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and Square Panda shall not be responsible for security incidents not reasonably within its control. 

 

Changes to the Services

Square Panda may add, change, discontinue or remove any portion of the Services at any time, without notice. 

 

Links

Areas of the Teaching Services intended for adult users may contain links to third-party websites, including social networking websites. These links are provided for your convenience, and inclusion of links does not suggest an endorsement. We are not responsible for the contents or transmission of any linked site or for ensuring that the linked sites are error and virus-free. Linked sites are subject to their own terms of use and privacy policies, and we encourage you to read them. 

In addition, some of our Services in China are hosted on the WeChat Platform. WeChat is owned and operated by Tencent Holdings Limited and not by Square Panda. By accessing the Services via the WeChat platform you will be subject to this Agreement, inclusive of our Privacy Policy. You will also be subject to the WeChat terms of service and privacy policy, which will govern your account with the WeChat platform. We are not responsible for your WeChat account, or for WeChat terms or privacy policy. 

 

Indemnification

To the extent permissible by law, you will defend and indemnify Square Panda and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants, sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the Services; (ii) any information you submit, post, or transmit through our Services; (iii) breach of any of your obligations, representations, or warranties in these Terms of Use; or (iv) your violation of any rights of another person. 

 

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS-AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, SQUARE PANDA AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. 

SQUARE PANDA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE AND SERVICES, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE WEBSITE'S ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE WEBSITE, ANY CONDUCT BY OTHER USERS ON THE WEBSITE AND SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVERS. 

 

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT SQUARE PANDA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ENTERED INTO THROUGH THE SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SQUARE PANDA OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. 

CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

 

Notices

We will provide you any notices regarding the Services by posting the notice on the Teaching Services, as applicable, or by sending them to you, by e-mail, to the e-mail address you maintain as part of your account. 

 

Applicable Law; Jurisdiction and Venue

We control our Services from our offices within the United States. We make no representation that the Services are appropriate for use in other locations. You may not use or export the Services in violation of United States export laws and regulations. Any claim relating to our Services shall be governed by the laws of the State of California, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Santa Clara County, California. 

 

Severability

If any of the part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. 

 

Contact Information

If you have any questions regarding these Terms of Use, please contact us at support@squarepanda.com or (877) 80 PANDA (877-807-2632).

 

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