Terms & conditions
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control to the extent of the conflict.
We may modify these Terms or our policies at any time by making them available to you through your account or otherwise providing notice to you. By using any of our Services, you accept these Terms and any modifications that we may make to these Terms. You are responsible for reviewing these Terms and any Policies that apply to your use of the Services regularly to stay informed of any changes. If you continue to use any Services after the effective date of any modified Terms or Policies, you agree to be bound by them as of the date of the modification. If you do not agree to any provision of these Terms or any Policies, you must not use the Services.
The Services include, among other things, Ruckus' proprietary mobile learning platform, as made available through the Site and the Apps. The Apps contain dynamic, interactive experiences that help children learn how to read. Parents have the ability to be involved through assessment tools and direct feedback regarding their children's usage patterns and performance that are made available on the Services.
Use of the Services is void where prohibited. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older (unless you are using a child's sub-account under a parent or guardian's account) and are fully able and competent to enter into and abide by these Terms.
You must register to use certain features of the Services. When registering, you must provide accurate and complete information about yourself, including a verified email address, and promptly update this information if it changes. By registering for an account, you represent and warrant that you are lawfully able to enter into contracts on behalf of yourself or the entity you represent (if applicable). You are responsible for all activities associated with your account. To protect your account from unauthorized use, keep your user identification and password secure. Please notify us immediately of any unauthorized use of your account or any other breach of security.
Fees; No Refunds; Currency Converter
Access to selected features of the Services is provided to you free of charge. Certain functions or content available on or through the Services may now or in the future have fees associated with them, including, without limitation, license fees to access, download, or use certain Apps or Services Content (as defined below), which we may modify or eliminate at any time in our sole discretion. We may choose to temporarily change or waive any such fees, such as for promotional events or new services, without liability to users who have already paid higher fees for the same services, and such changes are effective immediately upon posting or otherwise being communicated to users through the Services. Unless otherwise stated, all fees are in U.S. Dollars.
If a currency converter is available through the Services, it is provided as a guideline only. Currency conversion rates are based on various publicly available sources and are not verified as accurate and actual rates may vary. We and our affiliates, licensors, and suppliers do not warrant or guarantee the accuracy of any currency conversion rate. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency conversion rates.
License to Software
Use of and access to our Apps on Apple's iOS platform are governed by Apple's Licensed Application End User License Agreement, available at http://www.apple.com/legal/itunes/appstore/dev/stdeula/ (the "Apple EULA").
More generally, if Software is made available to you through the Services, your use of such Software is subject to the terms of the license agreement (if any) that accompanies or otherwise governs your use of the Software; or, if no license agreement accompanies such Software, then, subject to the terms and conditions of these Terms, you are granted only a personal, non-exclusive, non-transferable license to install and use the Software on a single device (e.g., on your computer or mobile device) in accordance with its documentation (if any), solely to enable your use of the Services. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. If you use the Software, you agree that it may automatically download and install updates from time to time from the Services. These updates are designed to improve, enhance, and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.
In the event of any conflict or inconsistency between these Terms and the Apple EULA, or any other license agreement that accompanies or otherwise governs your use of any Software, the Apple EULA or such other license agreement, as applicable, will govern to the extent of the conflict or inconsistency. Notwithstanding the preceding sentence, however, the Dispute Resolution section of these Terms (Section 20) will govern over the Apple EULA or any other license agreement to the extent of any conflict or inconsistency.
You will not: (a) use the Services for any commercial purpose, unless expressly authorized by us in writing; (b) resell, lease, or rent your access to the Services; (c) access, monitor, or copy any content or information on the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;(d) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; (e) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or any other aspect of the Services; (f) deep-link to any portion of the Services for any purpose without our express written permission; (g) "frame," "mirror," or otherwise incorporate any part of the Services into any other website without our prior written authorization; (h) copy any Services Content (as defined below) by any means, (i) modify, rent, lease, loan, sell distribute, or create derivative works based on the Services in any manner, or (j) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
The Services may include interactive features and services, including ratings or review functionality, and similar services, in which you or third parties may create or post ratings, reviews, comments, and other content on the Services ("User Content"). You are solely responsible for your use of User Content and use it at your own risk. You agree not to post, transmit, distribute, upload, or otherwise disseminate through the Services any of the following:
Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality;
Material that impersonates any person or entity, or misrepresents your affiliation with us, the Services, or with any other person or entity;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portions of the Services, or that may expose us or our users to harm or liability of any nature.
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that User Content. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Services, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Services at any time and for any reason without notice.
If you provide User Content on or through the Services, including any Feedback (as defined below) about the Services, then, unless we indicate otherwise, you: (a) grant us and our subsidiaries and affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, and sublicensable right to use the User Content in any manner and for any purpose; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name, if any, that you submit in connection with the User Content, if we choose; (c) represent and warrant that you own and control all of the rights to the User Content that you post or provide, or you otherwise have the right to post or provide that User Content to the Services; and (d) the use and posting of User Content you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
Term and Termination
You may at any time terminate your account and your use of the Services. To terminate your account, please email us at [insert email]. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, limit, or prevent your future access to, and use of, the Services, in whole or in part.
Any materials, including but not limited to feedback, comments, suggestions, or identifying potential errors and improvements, provided by you in the form of email or other submissions to us or posted by you on any kind of forum (collectively "Feedback"), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, and sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Services; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Ruckus Media Group, Inc.
Attention: [Registered Agent]
Ruckus, the Ruckus logo, and any other product or service name or slogan contained on the Services are trademarks or registered trademarks of ours and our suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation, or vice versa.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services and all content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, Software, other computer code, software, products, and all other elements of the Services ("Services Content"). Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you in or to any of the Services Content. All Services Content is the valuable proprietary and intellectual property of Ruckus or its licensors. Services Content is protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent and copyright laws. You agree not to reproduce, distribute, display, revise, create derivative works of, copy, publish, sell, license, or edit any such Services Content. Any attempt to download, print, publish or maintain any Services Content from in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the content, information or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.
The Services may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Services, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Services. You access and use Third-Party Content at your own risk.
The Services may contain advertisements and promotions from third parties. Your business dealings or correspondence with or participation in promotions of advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify, and hold harmless Ruckus and its affiliates, licensors, and suppliers, and their respective employees, officers, directors, and representatives against all claims, damages, losses, liabilities, taxes, costs, and expenses (including attorneys' fees and other legal expenses) directly or indirectly arising out of or relating to any third party claim concerning your use of the Services (including, without limitation, your use of the Apps and any Services Content), your breach of any provision of these Terms, and your violation of any rights of a third party.
Disclaimer of Warranties
RUCKUS makes the ServiceS available to you on an "AS-IS" and "AS AVAILABLE" basis, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE services IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. RUCKUS DOES NOT WARRANT THE ACCURACY OR VALIDITY OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES. To the maximum extent permitted by APPLICABLE law, RUCKUS and its affiliates, licensors, and suppliers disclaim all warranties of any kind, whether express, implied, or statutory, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, accuracy, AND NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Limitation of Liability
To the maximum extent permitted by applicable law, RUCKUS and its affiliates, licensors, and suppliers will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, goodwill, use, or data) ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT (INCLUDING USER CONTENT) MADE AVALIABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ruckus OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RUCKUS and its affiliates, licensors, and suppliers will not be liable for any delay or failure to perform any obligation under these terms by reasons, events, or other matters beyond their reasonable control. In no event will the aggregate liability of RUCKUS and its affiliates, licensors, and suppliers under these terms or otherwise in connection with the ServiceS EXCEED THE GREATER OF (a) $50 OR (b) THE AMOUNT OF FEES YOU HAVE PAID ruckus IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. These limitations will apply even if any limited remedy has failed of its essential purpose.
Limitations; Basis of the Bargain
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, OR OF CERTAIN FORMS OF LIABILITY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RUCKUS, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RUCKUS, RUCKUS'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT RUCKUS WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Consent to Electronic Communications
By using the Apps or otherwise using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Apps or the Service. You agree that any notices or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Mandatory Arbitration. Any controversy or claim arising out of or relating to the Services or these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You and Ruckus agree that you and Ruckus may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this mandatory arbitration section shall be null and void. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
Governing Law and Venue. These Terms and your use of the Services (including, without limitation, all Services Content) will be governed by the substantive laws of the State of New York without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause above in this Section 20 is deemed to be null and void, then all disputes arising between you and Ruckus under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and you and Ruckus hereby submit to the personal jurisdiction and venue of these courts.
Equitable Relief. The foregoing provisions of this Section 20 do not apply to any claim in which Ruckus seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Ruckus or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Ruckus, including with respect to any User Materials, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
Claims. You and Ruckus agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services (including, without limitation, all Services Content), excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Entire Agreement and Severability. Subject to Section 5 of these Terms, these Terms, including any Policies, are the complete agreement between you and us regarding the Services (including, without limitation, the Services Content). If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect.
Survival. Any provision in these Terms that by its nature should survive the termination of your license to access the Services or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
Contacting Us. You may contact us through the means we make available in your account or by writing to us at:
Ruckus Media Group, Inc.
Attn: Privacy Issues
Ruckus Media Group
372 Danbury Road
Wilton, Ct 06897