CarrotSticks, Inc. Terms of Service
The CarrotSticks Web Site (the "Site") is an online math game for students provided by CarrotSticks, Inc. ("CarrotSticks", ìweî, ìusî and ìour"), subject to your compliance with the terms of service (TOS) set forth below. Any references to "you" or "your" refer to both you and any person on whose behalf you act, if any. Please read this document carefully before accessing or using the site. THESE TERMS OF SERVICE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CARROTSTICKS. If you are a minor, your guardian or parent must agree to the terms and conditions in this TOS. They will take full responsibility for all obligations under this agreement.
BY USING THE SITE OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THE TOS, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THE TERMS AND CONDITIONS OF THIS TOS ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD. IN BOTH CASES, YOU REPRESENT THAT YOU PERSONALLY WILL BE BOUND BY ALL THE TERMS AND CONDITIONS.
If you are a minor, and click a box that states you accept or agree to the TOS, you understand that you can not later void this agreement as a minor with CarrotSticks without losing access to your account. Your parents will be held responsible for any obligations you have incurred while accessing the features and functions of the Site.
If you do not wish to be bound by these terms of service or choose not to accept the TOS, you may not access or use the site. If by any means you circumvent a web page, pop-up, or modal box that prompts you to read, review, accept or agree to the TOS, then by accessing or otherwise using the service, you agree to be bound by the terms of the then-current TOS.
CARROTSTICKS MAY MODIFY THIS AGREEMENT AT ANY TIME, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are CarrotSticks, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to CarrotSticks a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to CarrotSticks by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against CarrotSticks for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CarrotSticks.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of CarrotSticks. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by CarrotSticks, CarrotSticks does not operate, control or endorse any information, products or services on the Internet in any way. Except for CarrotSticks- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with CarrotSticks. You also understand that CarrotSticks cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CARROTSTICKS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND CARROTSTICKS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CARROTSTICKS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL CarrotSticks BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF CARROTSTICKS OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CARROTSTICKS
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CarrotSticks makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-CarrotSticks web site, please understand that it is independent from CarrotSticks, and that CarrotSticks has no control over the content on that web site. In addition, a link to a CarrotSticks web site does not mean that CarrotSticks endorses or accepts any responsibility for the content, or the use, of such web site.
3. Access and Accounts.
The CarrotSticks site, and any related sites or services, are subject to the CarrotSticks Privacy Policy.
There are two kinds of accounts on CarrotSticks: non-paid accounts and paid accounts. Non-paid accounts can be created and accessed by individuals who are adults of at least 18 years of age (ìAdultî), or in the direct supervision of such an adult who has reviewed our Privacy Policy and TOS, his or her minor child (ìChildî). An individual registering for a non-paid account is prompted to select a username and password. We do not knowingly collect any Personally Identifiable Information (PII) from any user under the age of 13. No PII is collected during the free account creation process. You or your Child is not allowed to pick a user name that infringes on a third partyís intellectual property, including trademarks or publicity rights. However, approval of your user name by CarrotSticks does not constitute a finding or acknowledgement by CarrotSticks that your username does not violate any third partyís intellectual property.
Non-paid accounts can be converted to paid accounts solely by the Adult. In order to convert to a paid account, we will ask for certain PII, including without limitation the Adultís name, shipping address, telephone, applicable payment data (e.g., credit card number and expiration date), and an e-mail address. THIS PII MUST BE PROVIDED SOLEY BY THE Adult. The Child is not permitted to provide any Personal Information, and is not allowed to modify any of the PII provided by the Adult, specifically billing and contact information.
CarrotSticks reserves the right to modify, reject or cancel any user name, if in our sole discretion, the name is objectionable or offensive, or violates the intellectual property rights of any other person.
When registering for an account or accessing the Site, you agree to provide information which is current, accurate and complete, and acknowledge that your account is for your own private use, or the private use of your Child. You are entirely liable and responsible for all activities conducted through your account, and you are furthermore responsible for maintaining the confidentiality of your account. You agree not to allow anyone else to access your account. DISCLOSURE OF YOUR PASSWORD CONSTITUES A BREACH OF THIS TOS. If you disclose your password, CarrotSticks, in our sole discretion and without any notice requirement, has the right to terminate this agreement and your account.
WE WILL NEVER ASK YOU FOR YOUR PASSWORD VIA E-MAIL OR TELEPHONE. Any attempt to obtain or use the password of anyone else is strictly prohibited. Carrotsticks shall not be held responsible or liable for any damages that occur on your account due to an account breach.
CarrotSticks reserves the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C. Sec. 512(c)) regarding the removal of copyrighted or trademarked materials from CarrotSticks or related websites.
4. Indemnification.
You agree to indemnify, defend and hold harmless CarrotSticks, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 4 (Indemnification) are for the benefit of CarrotSticks and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between CarrotSticks and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CarrotSticks's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CarrotSticks may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
