PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT", "TERMS AND CONDITIONS", OR "TERMS") CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT BETWEEN YOU AND IVENUE.COM ("WATCH N' LEARN", "US", OR "WE"), SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY DOWNLOADING AND INSTALLING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP AND DO NOT USE THE SERVICE.
The Watch N' Learn mobile application ("App") and related services (together with the Website, the "Service"), are operated by iVenue.com ("Watch N' Learn," "us," or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Watch N' Learn may amend, update or change these Terms and Conditions. If we do this, we will post amended Terms and Conditions on the Website and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective immediately. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
The Service allows users to (i) learn or practice certain educational activities and (ii), in return, be rewarded with downloadable access to selected, age appropriate, eligible Web Content in various incremental periods of time. Eligible Web Content will auto-download to your wireless device when it has an available internet connection. Watch N' Learn may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Use of the Service requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Service and may be required for certain transactions or features and to download Eligible Content. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
In connection with your use of the Service, you agree (i) to provide accurate, current and complete information about you as may be requested by Watch N' Learn; (ii) to maintain and promptly update any information you provide to Watch N' Learn, if applicable; (iii) to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of the Service and for any actions that take place through, or related to, your use of the Service.
You represent and warrant to Watch N' Learn that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.
Your device or computer will periodically check for updates to the app on your device or computer and, if available, the update may automatically download and install. This may include the automatic download of additional content, such as game levels or chapters, on an on-going basis based on usage and resource constraints. You agree that we may automatically download and install updates and content onto your device(s) or computer.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Watch N' Learn's sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Watch N' Learn or its users to any harm or liability of any kind. You will not use the Service to collect information about our learning process or to develop strategy, guides or other learning material or a similar learning service.
You agree to defend, indemnify and hold harmless Watch N' Learn and its directors, officers, employees, contractors, agents, affiliates, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Subject to the terms of these Terms and Conditions, Watch N' Learn grants you a non-transferable, a non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Watch N' Learn and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
The following text applies to you only if you are using the App from the Apple App Store. To the extent the following text is less restrictive than, or otherwise conflicts with, Apple's Terms of Service, the more restrictive of terms shall apply. You acknowledge and agree that these Terms and Conditions are solely between you and Watch N' Learn and Apple has no responsibility for the App or content thereof. Your use of the App must comply with these Terms and Conditions and the App Store's Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you in their discretion. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Watch N' Learn acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Watch N' Learn acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Watch N' Learn, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using the App. You and Watch N' Learn acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof. You acknowledge that, because some aspects of the Service and administration of the usage entail the ongoing involvement of Apple, if Apple changes any part of or discontinues the Service, which Apple may do at its election, you may not be able to use the Services to the same extent as prior to such change or discontinuation.
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY WATCH N' LEARN ARE PROVIDED TO YOU ON AN "AS IS" BASIS. WATCH N' LEARN AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WATCH N' LEARN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WATCH N' LEARN BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF WATCH N' LEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WATCH N' LEARN'S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WATCH N' LEARN FOR THE SERVICE PRIOR TO THE ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WATCH N' LEARN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Watch N' Learn may suspend or terminate your access and use of the Service immediately at any time, for any reason, without notice to you and at such time you will have no further right to use the Service. You may terminate your Watch N' Learn Service at any time by deleting the App. The provisions of these Terms and Conditions relating to the protection and enforcement of Watch N' Learn's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Watch N' Learn reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Watch N' Learn will not be liable to you or to any third party should it exercise such rights.
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Watch N' Learn or any third-party it may utilize to furnish you with the Service. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Watch N' Learn, all data, information and materials generated from your access and use of the learning activities made available on or through the Service (collectively, the "Activity Data"), shall be exclusively owned by Watch N' Learn, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Watch N' Learn any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data.
"Watch N' Learn" and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Watch N' Learn or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Watch N' Learn name or any Watch N' Learn or third-party trademarks, service marks, graphics or logos.
These Terms and Conditions, its subject matter and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the California, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Watch N' Learn will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Los Angeles County, California. Arbitration shall be conducted in accordance with American Arbitration Association ("AAA") Commercial Dispute Resolution rules and procedures, as modified by this Agreement. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or class arbitration, or award punitive damages or any other damages. Any Arbitration shall be confidential and neither you nor Watch N' Learn may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, the remainder shall still be given full force and effect. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
To avoid eye, muscle, or joint strain during your use of the Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children's use of the products offered through the Service for signs of symptoms.
These Terms and Conditions constitute the entire agreement between Watch N' Learn and you concerning the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Watch N' Learn or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Watch N' Learn 's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Watch N' Learn will not be responsible for failures to fulfill any obligations due to causes beyond its control. Watch N' Learn may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Watch N' Learn and you, and Watch N' Learn's and your respective successors and permitted assigns.
Last revised on October 19, 2016.