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"):
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 email@example.com.
Square Panda may suspend the Services at any time, without notice, for failure to pay fees promptly.
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.
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.
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.
You will not (and will not allow any third party to):
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.
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.
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.
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.
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.
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.