Dated: August 18, 2019
PLEASE READ THIS POLICY CAREFULLY BEFORE USING OUR WEBSITE, APP OR BROWSER EXTENSION
These terms and conditions (“Terms”) form a legal agreement between you (“you”) and See Word Design (“us”, “we” or “our”) relating to your use of:
- the website (www.see-words.com), including all content and services made available on the website (the “Website”); and
- the software applications known as ‘See Words: School (Teacher and Student apps), See Words: Home’, including all content and services made available on the software application (the “App”) and
- the Browser extension and API, See Words: Anywhere, including all content and services made available on this utility
By accessing the Website or downloading the App(s), API and/or browser extension, knowns as “Services”, you agree to these Terms. If you do not agree to these Terms, you should not proceed to use the Website, API, browser extension or use the App.
These Terms refer to and hereby incorporate the following additional policy, which also applies to your use of the Website and the App:
1. GENERAL ACKNOWLEDGEMENTS
- 1.1 App, API and Extension Store Terms. The ways in which you can use the Services may also be controlled by the rules and policies of store from which you download an App or extension. You can find these rules and policies here:
These rules and policies will apply instead of these Terms where there are differences between the two.
- 1.2 Updates. From time to time we may automatically update our Services and change the features, content or services. Alternatively, we may ask you to download an update. If you choose not to install such updates, if you opt out of automatic updates or if you do not agree to any additional terms which apply to such update or new service, you may not be able to continue using the App, API, Extension or the Website.
- 1.3 Changes to Terms. We may need to change these Terms to, by way of example, reflect changes in law or best practice or to deal with additional features, services, subscriptions or applications which we introduce. When changes are made, we will make the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. Where the changes increase your obligations or limit your rights (e.g. introducing further restrictions on your use) we will notify you of a change when you next start the Service. If you do not accept the notified changes, you will not be permitted to continue to use the Services. If you have paid for a subscription account, you may apply for a refund in respect of fees paid for such period after cancellation. If you continue to use the Services after such posting it will constitute acceptance by you of such changes.
- 1.4 Permission of device owner. If you use the Services from a computer, phone or other device which is not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not the device is owned by you.
2. SEE WORD DESIGN SERVICE
See Word Design is a digital reading proficiency system and method of learning phonics that transforms letters to icons to help individuals learn the basic phonics fundamentals to enable them to read. The apps (See Words: School and See Words: Home) can be deployed on an iPad, while See Words: Anywhere can be used on any mobile device, computer or laptop – i.e. with a web browser.
By requesting to use, registering to use, or using the App or the Website, you represent and warrant the following provisions.
- 3.1 Legal Age. You are an individual at least 18 years of age.
- 3.1 School Accounts. School accounts are available for Educational Institutions for use exclusively by that institution’s educators and its’ students. If you are a student, then you agree that you are not using this service without teacher’s consent. If you are a teacher, you agree that you have parental consent from the parents to allow the students to utilize our Services.
- User agrees to release Company and Company’s Affiliated Parties from any claims regarding any misstatements and misrepresentations made by any Users of See Word Design. (“Affiliated Parties” means Company’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
4. USE OF SEE WORD DESIGN AND WWW.SEE-WORDS.COM
- 4.2 Account Access. Every account must have one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your account information and password. You are agree that you:
- 4.2.1 Will provide complete and accurate registration information about yourself and any individuals that you provide Account access to.
- 4.2.2 You are solely responsible for activities that occur under your Account
- 4.2.3 You will notify us immediately of unauthorized Account use and that we are in no way responsible for any loss that you may incur as a result of any unauthorized Account use
- 4.2.4 You will not sell, transfer or assign your Account or any rights
- 4.2.5 If we learn of unauthorized use or that an ineligible User has created an account, we may deactivate the account without notice to the ineligible User.
- 4.3 Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:
- 4.3.1 Accessing content or data not intended for you or logging onto a server or account that you are not authorized to access;
- 4.3.2 Attempting to probe, scan, or test the vulnerability of the Website or the App to breach security or authentication measures without proper authorization;
- 4.3.3 Interfering or attempting to interfere with service to any User, host or network, including without limitation by means of malware, overloading, flooding, spamming, mail bombing or crashing;
- 4.3.4 Editing, translating, adapting, merging or making alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
- 4.3.5 Attempting to modify, reverse-engineer, decompile, disassemble, create derivative works based on the whole or any part of the Services, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by See Word Design in providing the Services. Any violation of system or network security may subject you to civil and/or criminal liability;
- 4.3.6 Using the Services in a manner or for any purpose that is not expressly permitted under these terms or applicable law or which infringes the intellectual property rights of the Services or of any third party.
- 4.5 No Violation of Laws. Your use of the Services must be in accordance with all applicable laws and regulations and you must not:
- 4.5.1 Act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
- 4.5.2 Use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- 4.5.3 Collect or harvest any information or data from the Services or our systems (by automated means or otherwise) or attempt to decipher any transmission to or from the servers running them.
- 4.5.4 You acknowledge and agree that a breach of any of these terms may results in immediate termination or suspension of your account.
- 4.6 Reporting of Violations. You agree to report to us promptly any violation of these Terms or any alleged improprieties of any Users.
- 4.7 Beta Access. From time to time, we may offer new “beta” features or tools with which Users may experiment. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at Company’s sole discretion. You may accept or decline any such offer at your sole discretion. Beta Services will be designated as beta, pilot, limited release, developer preview, evaluation or description of a similar nature.
- 4.8 Free Trial. If you registered for a trial use of the Services, you will have access to the Services for a specified period of time (“Trial Period”) unless you terminate before the trial period ends. You must decide to purchase a subscription to the Services within the Trial Period in order to retain access to any Content or data provided during the Trial Period. If you terminate before the Trial Period ends or do not purchase a subscription to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you created with the Services during the Trial.
5. SUBSCRIPTION ACCOUNTS
- 5.1 Subscription Account. Certain features of the Services are only available to users who register and pay for a premium user account. Your payment will be charged at the time of registration, and then will automatically renew at the end of the relevant subscription period, unless you notify us that you wish to cancel your subscription account. You may upgrade your account at any time. If you wish to downgrade or terminate your account, you may do so at any time, and it will be effective at the end of the last month for which you have paid. You will not receive a refund for any partial month. We will charge fees due in accordance with the payment method you have chosen for your account. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).
- 5.2 Changes to Subscription Account Fee. We reserve the right to change the fee and payment plans from time to time. The process set out in Section 1 under the heading “Changes to Terms”, will similarly apply here. Unless we notify you otherwise, changes for paid subscriptions will take effect at the start of the next subscription period and your continued use of the Services after the effective date of the price change will be deemed acceptance. If you do not agree with the price changes you will have the right to unsubscribe prior to the price change taking effect.
- 5.3 In-App Purchases. If you make In-App purchases, the App Store Provider’s Terms & Conditions will apply.
- 5.4 Immediate performance. Please note that by placing an order for (i.e. requesting to download) a copy of the App or a subscription account for use within the App, you are agreeing to the immediate delivery of that copy of the App or the immediate use of that subscription (including delivery of all content and supply of all services permitted by such subscription).
- 6.1 By Company. We may, in our sole discretion, for any reason or no reason, with or without notice terminate or suspend your account and your access to the Services. Unless otherwise decided by Company, such termination, suspension, and/or removal will be effective immediately. If your account has been terminated by Company, you may not re-register without Company’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
- 6.2 Effect of Termination. Upon the termination of your account, you will no longer have access to the Services.
7. THIRD PARTY SITES
- 7.1 Use of Third-Party Sites. The Services may include links to other websites or applications, or functionality to connect with other websites (each, a “Third Party Site”). We do not control or endorse any Third-Party Sites or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third-Party Site or advertisement. Your use and access of a Third-Party Site is at your own risk and is subject to the terms and conditions for such Third-Party Site.
8. INTELLECTUAL PROPERTY RIGHTS
- 8.1 Copyright. All materials on the Services are owned by Company. You may not use these materials except as we give you written permission to do so.
- 8.2 Trademarks. The service marks, trademarks, and logo are owned by Company. Any other trademarks, service marks, logos and/or trade names appearing on the Services are the property of their respective owners. You agree that you recognize the rights of Company and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
- 8.3 Ownership and Use. Company retains ownership of its intellectual property rights and you have no rights to Company’s intellectual property or Company’s rights in its intellectual property except to the extent specifically described in these terms. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Services.
9. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF COMPANY AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- 9.1 “As-Is” Basis. See Word Design provides the Services on an “as-is” and “as-available” basis. YOUR USE OF SEE WORD DESIGN IS AT YOUR OWN DISCRETION AND RISK.
- 9.2 No Warranties; Release. See Word Design grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Users or the Services (or any information contained in the Services). See Word Design does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. COMPANY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SERVICES OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH. See Word Design does not warrant that your use of the Services or that information on the Services will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Services will be corrected. See Word Design makes no warranties about the connectivity and continued availability of the Services.
- YOU AGREE TO RELEASE COMPANY AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SERVICES, OR (II) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
- 9.3 Limitation of Liability. IN NO EVENT WILL SEE WORD DESIGN OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY USER OF THE SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
- 9.4 No Consequential Damages. YOU AGREE THAT NEITHER SEE WORD DESIGN NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (V) LOSS OF INFORMATION OR DATA.
- 9.6 Sole and Exclusive Remedy. Your only right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination of your account.
11. DISPUTE RESOLUTION AND MEDIATION
- 11.1.1 If a dispute cannot be resolved through mediation, the parties agree to submit to binding arbitration with a neutral arbitrator mutually agreed upon by the parties. The cost of binding arbitration will be borne by the parties equally.
- 11.1.2 In the event the parties are unable to mutually agree upon an arbitrator, we have the exclusive right to select the arbitrator. The place of arbitration shall be Hamilton County, Ohio and Ohio law shall apply. The parties further agree that the parties will perform any award rendered by the arbitrator, and that a judgment of any court having jurisdiction may be entered on the award.
- 12.2 Transferring Rights: We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights under these Terms. You may not transfer your rights or obligations under these Terms. If you sell any device on which the Services are installed, you must remove the Services from it.
- 12.3 Failure or Delay in Enforcing Rights: If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, nor will it prevent or restrict the further exercise of that or any other rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 12.4 No Rights for Third Parties: You acknowledge and agree that the owners of the content and certain distributors (such as app store providers) are intended beneficiaries of the Terms and have the right to enforce the Terms directly against you; however, the rights to terminate, rescind, or vary these Terms are not subject to the consent of any other person. Subject to foregoing, the Terms are not intended to grant rights to anyone except you and See Word Design LLC.
Contact Information. If you have any questions or need further information as to See Word Design or need to notify See Word Design as to any matters relating to the Services, please contact Company at: https://www.see-words.com/connect/