Terms of Service
Kids Immersion, LLC (“Kids Immersion”), owner of the Trademark Calico Spanish, provides use of http://calicospanish.zen.cheitgroup.com and related services and materials (collectively, “Services”) to you subject to the following Terms of Service (“TOS”). You can review the most current version of the TOS at any time at: http://calicospanish.zen.cheitgroup.com/tos. In addition, when using the Services, you will be subject to any posted guidelines, rules or terms, which may be changed by Kids Immersion from time to time. All such guidelines, rules or terms are hereby incorporated by reference into the TOS.
These TOS are a contract between you and Kids Immersion and govern y our use of the services. By using the services you are indicating that you have read and agree to these TOS.
If you are entering into this contract on behalf of a company or other legal entity, you represent that you have the authority to bind the entity, its affiliates and all users who access the services through your account to these TOS. If you do not have such authority, or if you do not agree to these TOS, you may not use the services.
LICENSE GRANT AND RESTRICTIONS
Kids Immersion hereby grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Services, solely for your own internal personal or business purposes, subject to these TOS. All rights not expressly granted to you in these TOS are reserved by Kids Immersion. You may not access the Services if you are a direct competitor of Kids Immersion except with Kids Immersion’s prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance, functionality, or for any other benchmarking or competitive purpose.
Except as expressly authorized by Kids Immersion or its licensors, you will not (i) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services in any way; (ii) copy, modify, republish, distribute, or make derivative works based upon the Services; (iii) “frame” or “mirror” the Services on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service.
YOUR REGISTRATION OBLIGATIONS
You represent that you are the older of (a) eighteen (18) years old or (b) of legal age to form a binding contract. You further represent that you are not barred from using the Services. You may be required to provide certain information about yourself (“Registration Data”) as part of the subscription and user account (“Account”) creation process for the Services, or as part of your continued use of the Services. You will provide true, accurate, current and complete Registration Data and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Registration Data may include your current e-mail address and contact information, which Kids Immersion may use to contact you for any purpose associated with the Services or these TOS. If the contact information is not accurate or messages are not delivered to you for any reason, Kids Immersion’s dispatch of the communications using the contact information will nonetheless constitute effective notice under these TOS.
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
ACCOUNT, PASSWORD AND SECURITY
Kids Immersion or its third-party service provider may give you a password and Account after you complete the registration process. Kids Immersion personnel will never ask you for your password. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities associated with your password or Account. You will immediately notify Kids Immersion of any unauthorized use of your password or Account or any other breach of security and exit from your Account at the end of each session. Kids Immersion is not liable for any loss or damage arising from your failure to properly safeguard your Account or password. You have sole responsibility for adequate protection and backup of data of any type that you upload to, download from or otherwise create or use with, the Services, and/or equipment or software you use in connection with the Services.
By providing Kids Immersion access to your data, you represent that your data does not contain any individual’s personally identifiable information, including but not limited to health information or information about children under the age of 13.
CHARGES AND PAYMENT OF FEES
Subscriptions and access to certain features of the Services may require payment of fees. You may also be provided “trial,” “demo,” “beta,” or other limited-functionality or limited-access versions of the Services without charge.
You will pay all fees charged to your Account in accordance with the billing terms in effect at the time fees are due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable. For subscriptions, you are responsible for paying the fee whether or not you use the Services in a given payment period. You are responsible for timely payment of fees, all applicable taxes and regulatory assessments, and all costs you may incur in order to access the Services and your Account.
Pricing for the Services is subject to change upon 30 days’ prior notice from Kids Immersion. Such notice may be provided at any time by posting the pricing change to the Services or by contacting you by other means, at Kids Immersion’s discretion. Kids Immersion will not be liable to you or to any third party for any price change.
Kids Immersion may contract with a third-party service provider for payment services. In addition to these TOS, you will comply with any additional terms required by the third-party payment service provider.
RESTRICTIONS ON USE OF THE SERVICES
You agree to not use the Services to:
1. upload, post, email, transmit or otherwise make available any Data or other content that: violates applicable law; infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; uses, modifies, or combines the Data or other content with any other material in a manner that infringes the Rights of any party; violates contractual or fiduciary relationships; contains material that Kids Immersion determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable; or otherwise may harm Kids Immersion;
2. impersonate any person or entity, or misrepresent your affiliation with a person or entity;
3. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs of a destructive or otherwise malicious nature (as determined in Kids Immersion’s sole discretion);
5. interfere with or disrupt the Services or servers or networks connected to the Services;
6. provide material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
7. “stalk” or otherwise harass another;
8. attempt to override or circumvent any digital rights management technology or usage rules embedded in the Services; or
9. collect or store personal data about other Service users.
Kids Immersion and its designees have the right to remove any Data or other content from the Services that Kids Immersion determines, in its discretion, violates these TOS or may create liability or damage to Kids Immersion.
Kids Immersion may limit the use of the Services, including without limitation the maximum number of days that Your Data will be retained, the maximum size of any or all Data files, the maximum disk space that will be allotted on Kids Immersion’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
If your bandwidth and/or compute usage significantly exceeds the average bandwidth and/or compute usages of other Service users, Kids Immersion reserves the right to disable or limit your Account or access to the Services until the excessive usage is remedied.
You understand that the technical processing and transmission of the Services, including Your Data, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INTELLECTUAL PROPERTY RIGHTS
The Services are protected by copyright, trademark, patent, or other proprietary rights and laws. You may only use the Services as expressly authorized by Kids Immersion. Any unauthorized use of the Services may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. You are solely responsible for obtaining permission before reusing any copyrighted material available through the Services.
Custom graphics, icons, logos, and service names displayed in connection with the Services are trademarks of Kids Immersion (the “Trademarks”). All other trademarks or service marks are property of their respective owners. Nothing in these TOS grants you the right to use any Trademarks. The Trademarks may not be used in any manner which, in Kids Immersion’s reasonable judgment, may disparage Kids Immersion or any of its products or services or otherwise damage Kids Immersion.
You retain full right, title, and interest in and to all of Your Data entered using the Services, and any and all outputs generated by the Services at your direction using Your Data, subject to the limitations set forth in these TOS. You hereby grant Kids Immersion a license to access, view, and use Your Data to provide you with the Services or otherwise respond to your requests.
You acknowledge that Kids Immersion uses third-party service providers for the infrastructure required to run the Services (including hardware, software, networking, and data storage). These third-party service providers may require your agreement to additional or different licenses or other terms prior to your use or access to such software, hardware, or services. Kids Immersion has no liability, obligation, or responsibility for any agreement between you and a third party.
The Services may provide, or third parties may provide, links to other web sites or resources. Kids Immersion has no control over such sites and resources, is not responsible for them and is not responsible or liable for any content, advertising, products or other materials on them. Kids Immersion is not liable, directly or indirectly for any damage caused by or associated with those web sites or resources.
OBJECTING TO CONTENT
If you believe that the Services or any content available through the Services infringes your rights or violates these TOS, you may notify Kids Immersion at [email protected]
CONTRIBUTIONS TO KIDS IMMERSION
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Kids Immersion through the Services or any other means, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kids Immersion is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Kids Immersion may use or disclose Contributions for any purpose, in any way, in any media worldwide; (d) Kids Immersion may be already developing something similar to the Contributions; (e) your Contributions automatically become the property of Kids Immersion without any obligation of Kids Immersion to you, and you irrevocably assign all rights you may have in the Contributions to Kids Immersion; and (f) you are not entitled to any compensation or reimbursement of any kind from Kids Immersion under any circumstances.
MODIFICATIONS TO SERVICES
Kids Immersion may at any time and for any reason modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Kids Immersion may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Services at any time without prior notice to you. All modifications of the Services, including new features or enhancements, are subject to these TOS. You agree that Kids Immersion will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, any of their features, functions, or the inability to access the Services.
Kids Immersion may for any reason and without prior notice immediately terminate your Account or access to the Services. Kids Immersion may (but is not required to) do so for: (a) violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated Account deletions), (d) discontinuance or material modification to the Services, (e) technical or security issues, (f) extended inactivity, (g) your fraudulent or illegal activities, (h) nonpayment of any fees owed by you to Kids Immersion. Termination of your Account may include: (a) permanent or temporary prohibition of your access to the Services and (b) deletion of your password and all related information, files and Data associated with your Account. All actions under this section shall be made in Kids Immersion’s sole discretion. Kids Immersion is not liable to you or any third party for any actions under this section.
If Kids Immersion terminates your Account, your monthly payments will be cancelled. Any amounts already paid are nonrefundable.
DISCLAIMER OF WARRANTIES
(A) Your use of the services is at your sole risk, the services are provided on an “as is” and “as available” basis, and Kids Immersion and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (B) Kids Immersion and its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure or error-free, (iii) the results obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information or other material obtained by you through the services will meet your expectations, and (v) any errors in the software will be corrected; (C) Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, Kids Immersion does not guarantee the accuracy, integrity, or quality of such material, and you will be solely responsible for any loss, including damage to your computer system or loss of data, that results from the download or use of any such material; (D) no advice or information, whether oral or written, obtained by you from Kids Immersion or through or from the services will create any warranty not expressly stated in these TOS.
LIMITATION OF LIABILITY
Kids Immersion and its affiliates, officers, employees, agents, partners, and licensors are not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kids Immersion has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement or services obtained or messages received or transactions entered into through, from, or as a result of the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the services. Kids Immersion’s maximum liability to you for any reason under these TOS is $100.
You agree to defend, indemnify, and hold Kids Immersion and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, or for any damages to Kids Immersion arising out of: (a) your use or misuse of the Services, including Your Data; (b) your connection to the Services; (c) your violation of these TOS; (d) or your violation of any rights of another.
Kids Immersion may revise these TOS at any time for any reason. Revisions are effective upon posting the revised policy through the Services or upon notice to you through other means at Kids Immersion’s discretion, including using contact information you provide in connection with your Account. Continued use of the Services following notice of such changes constitutes your acceptance of such revisions.
These TOS constitute the entire agreement between you and Kids Immersion concerning your use of the Services, superseding any prior agreements between you and Kids Immersion (including but not limited to any prior version of these TOS). If any provision of this TOS is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Kids Immersion as a result of this TOS or use of the Services. The failure of Kids Immersion to enforce any right or provision in this TOS will not constitute a waiver of such right or provision unless acknowledged and agreed to by Kids Immersion in writing. Kids Immersion is not liable for its failure to perform due to forces beyond its control. These TOS are governed by the laws of the State of Oregon, without regard to Oregon’s conflict or choice of law provisions. Venue and jurisdiction for any disputes will be in the federal and state courts in Multnomah County, Oregon.
Kids Immersion may (1) assign its rights and duties under these TOS to an affiliate at any time without your consent and (2) may assign Your Data to a third party without your consent, in connection with a sale of all or part of Kids Immersion or its assets. You may not assign your rights under this TOS without Kids Immersion’s advance written consent, and any assignments made by you without Kids Immersion’s consent are void.
Except as otherwise provided herein, any dispute, controversy, or claim that arises out of or relates to these TOS, or to the interpretation or breach of these TOS, will be resolved in Portland, Oregon in accordance with the then-effective arbitration rules of (and by filing a claim with) Arbitration Services of Portland, Inc., and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction over such award.
Please contact Kids Immersion at [email protected] if you have any questions or if you believe that any aspect of the Services or the information on them violates your rights.
Last Updated: July 24, 2018