Welcome to the iLearnWith educational program. This program is composed of two elements: the iLearnWith applications ( the “Applications”) and a progress tracking and recommendation service (the “Service”).
This document sets forth the terms and conditions governing the Program and your use of the Service (collectively, the “Terms and Conditions”). In order to use the Service, you must agree to the Terms and Conditions. By signing in and using the Service, you specifically agree to abide by the Terms and Conditions and any modifications thereto. You must be 18 years of age or older to create an iLearnWith account.
Free and Voluntary Account creation.
The Service will require you to register an account before use. Should you choose to register for the Service, you agree to provide accurate and current information about yourself and to promptly update such information as necessary in order to ensure that it is accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Service, and (b) all activities that occur under such password or account. Further, you agree to notify iLearnWith of any unauthorized use of your password or account.
The Service allows you to optionally download and install a number of applications which are part of the Program. The Applications include Kidcore, a software program developed by Tribal Nova that powers a certain number of features of the Service ( the “Software” ). By installing the Software, you agree that Tribal Nova shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software and Applications are owned by Tribal Nova. The Software is licensed to you for the term of your use of the Service and not sold to you. Your right to use the Software is limited, personal, non-transferable, and non-exclusive.
Use of the Software is further subject to the following restrictions:
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3.You may not rent, lease, or sublicense the Software, create derivative works based on the Software, or otherwise commercially exploit the Software.
User’s Obligation to Abide By Applicable Law.
In connection with the use of the Service, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Applications and the Service includes intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States, Canada and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
No License; Intellectual Property of Tribal Nova and Other Parties
Except as expressly provided, nothing herein or within the Service and the Applications shall be construed as conferring any license under any of Tribal Nova’s or any third party’s intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Service and Applications, including without limitation the Software, is protected by copyright, trademark, patent, or other proprietary rights of Tribal Nova, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of the Terms of Service, including, without limitations, full and strict compliance with all of the following limitations: you undertake, acknowledge and agree that you shall not, and shall not allow any other third party, to (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a “Notice”) from the Service; (b) make a use of the Service for any purpose other than the purpose for which such intellectual property is made available to you through the Service; (c) modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of any software or programs used in connection with the Applications and the Service; or (d) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software or programs used in connection with the Applications and the Service.
Prohibition Against Rogue Programming
You shall not post, transmit or make available in any way through the Service any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). Tribal Nova has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Service is at your own risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming.
Content of Information
You are responsible for the content of any information you post to the Service. Tribal Nova has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the Service. Tribal Nova reserves the right to review any information that is or becomes available on the Service. Tribal Nova reserves the right to remove any information that is, in Tribal Nova’s sole discretion, unacceptable, undesirable or in violation of these rules. However, Tribal Nova has no obligation to exercise such reservation of rights by Tribal Nova.
Disclaimer of Warranties
THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TRIBA NOVA NOR ITS LICENSORS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TRIBAL NOVA, ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST TRIBAL NOVA, TRIBAL NOVA LICENSORS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, TRIBAL NOVA, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
You acknowledge and agree that Tribal Nova reserves the right at any time to modify or discontinue the Service with or without notice to you, and that Tribal Nova will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance. Termination You acknowledge and agree that Tribal Nova, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Service, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Tribal Nova believes that you have violated any of the Terms and Conditions. You further agree that Tribal Nova shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Tribal Nova in operating the Service, your sole and exclusive remedy is to discontinue using the Service and use the Applications in anonymous mode without use of the Service . Tribal Nova shall not be required to refund to you any amounts paid for the Applications for interruption of the Service or any other reason.
Trademarks and Copyright
iLearnWith, Boing and Tribal Nova are trademarks of Tribal Nova. All product, brand and company names and logos used on the Applications and Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the express written consent of Tribal Nova or the owner of the mark, as appropriate, is strictly prohibited.
All information and content contained on, or made available over, the Applications and the Service are copyright of Tribal Nova or its licensors. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and Tribal Nova.
Governing Law The Terms and Conditions constitute the entire agreement between Tribal Nova and you pertaining to your use of the Application and the Service and supersede any prior agreements between you and Tribal Nova. Tribal Nova ‘s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Quebec, Canada. You agree that any dispute in connection with the Service shall be the sole and exclusive jurisdiction of the courts of Montreal, Canada and you irrevocably agree to the jurisdiction of such courts.
In connection with the Service you may receive communications inside the applications, through email or Facebook notifications. These communications may be of an informative nature such as the learning progress of a child or a recommendation or they may be of a promotional nature such as information about new Applications or price promotions available in the Program. If you do not wish to receive such communications your sole and exclusive remedy is to discontinue using the Service and continue to use the applications in anonymous mode without using the Service. Modifications to the TERMS And Conditions The Terms and Conditions are subject to change from time to time, and your continued use of the Service is conditioned upon your acceptance of any modifications hereto. If you have any questions or concerns regarding this Agreement, please email: firstname.lastname@example.org.