Last updated: March 17, 2020
Welcome to ReadaRoo Kids! Every month we provide our subscribers with easy, fun and engaging learning activities for every little reader. ReadaRoo Kids subscribers are able to download all of the current subscription month’s supply lists and activities directly from the link provided to their email and/or in their ReadaRoo Kids account online and access every book we read online for free.
Below you will find the terms and conditions (“Terms” or “Agreement”) of the ReadaRoo Kids (“Company”) website (“Site”), email list subscriptions, activity content subscriptions and other features (collectively referred to as “Services”). To register and use our Site and Services, you (the “Subscriber”) must be 18 years of age or older and agree to these Terms.
ReadaRoo Kids may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on our Site. The changes take effect when we post the Terms on the Site.
We always welcome your feedback, comments or concerns. If you have any questions about anything you can email us: [email protected]
1. Overview
By accessing our Site or Services, Subscriber agrees to the Terms. Subscriber is legally bound by this Agreement between the Subscriber and Company. The Agreement defines Subscriber rights and responsibilities as it pertains to the use of the Site and Services. The Site and Services are operated in the United States of America and access to the services is governed by these Terms under the laws of the State of Arizona and of the United States.
Registration as a Subscriber with our Services results in your personal information being stored and processed in the United States, and Subscriber specifically consents to allow the storage and processing of your personal data in the United States.
These Terms, together with our Privacy Policy shall constitute the entire agreement between the Subscriber and Company. If Subscriber does not agree with any of the Terms of this Agreement or the Privacy Policy, Subscriber must not use the Site and Services.
2. Use of the Services
The Services contain text, software, scripts, graphics, pictures, data, videos, subscriber-generated information, editorial and other content (the “Content”) accessible by Subscribers. All Content is owned, licensed to and/or copyrighted by Company and may be used only as described in the Terms.
The trademarks, logos, and service marks contained on the Services are owned by or licensed by the Company. Company or its licensors retain title, ownership and all other rights to the Content on the Services.
We make our best efforts to ensure that all Content provided by the Services is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.
Subscriber is granted a limited-use license to access the Services and their Content for Subscriber’s own personal use. The Content, in whole or in part, may not be republished, redistributed or resold without the explicit written permission of Company. The license granted by Company terminates if Subscriber violates this Agreement and may result in legal action against Subscriber.
Some content may be downloaded to Subscriber’s computer or device through the use of the Services. This Content remains subject to the limited use license contained in this Agreement.
The use of bots, crawlers, spiders, data miners, scraping and other automated data collection tools are prohibited without the approval of Company.
3. Subscription Terms, Fees and Payments
ReadaRoo Kids (the “Company”) is a fee-based subscription service offered at a price varying based on subscription duration. When Subscriber signs up for a subscription, Subscriber is committed to the term chosen. Subscribers of the Site may be unregistered subscribers, registered subscribers and paying subscribers (“Subscribers”).
Subscriber Requirements. Subscribers must be 18 years or older to subscribe to any Services and provide Company with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration Subscriber will create an account using Subscriber email address and password that will be used to authenticate Subscriber ongoing access to the Services. Subscribers will not:
- Use the name of another person with the intent to impersonate said person
- Use a name that Company, in our sole discretion, deems inappropriate
- Use the rights of another person
Subscriber is responsible for the use of its account and must make its best effort to keep its chosen account password secure. Subscriber should not share its password with others. If Subscriber believes its account has been compromised, Subscriber must immediately notify Company of the suspected breach by emailing [email protected].
For a Single Household. The Content provided through the subscription is intended for Subscriber personal use and should not be shared with others outside of the Subscriber’s household apart from the approved sharing features of the Service if such features are applicable.
Access to Activities and Content. Subscriber must have an active account to have access to Content. Once Subscriber’s subscription expires, Subscriber will no longer have access to current or previous Activities or other Content on the Services until such time as said account is reactivated or renewed. Company may, at their discretion, provide access to additional complimentary activities and may allow an account to maintain access to those plans past their expiration date.
Termination of Account. If Company, in its sole opinion, believes that Subscriber is acting in a spirit inconsistent with this Agreement or have breached the Agreement, it may terminate your account. In such a case, Subscriber is not eligible for a refund. Company also reserve the right to terminate any subscription for any reason even if the reason does not cause a breach of this Agreement. In such a case, Company will refund any remaining, unused portion of Subscriber’s subscription. The refund will be Subscriber’s sole and exclusive remedy to such a termination.
Prices Subject to Change. Company may, from time to time, change its base subscription prices at any time. However, with the exception of any discount from coupon codes or promotional offers, the price for all Service subscription renewals will be at the same base price that the Subscriber was originally charged at the time of initial subscription – unless otherwise notified at least 15 days prior to renewal. Should Subscriber’s base subscription price change, Company will notify Subscriber by email and provide a time period of no less than 15 days to opt out of the renewal.
3.1 Purchasing Directly from the ReadaRooKids.com Site
Payments. The payment options and fees will be displayed on the Site at the time the subscription is offered. All subscriptions are subject to the terms specified in this agreement as well as each individual subscription’s terms as specified on the Site. Prices for all Subscriptions exclude all applicable taxes unless stated otherwise and are in the form of US Dollars. To the extent that the law allows, Subscriber is responsible for any applicable taxes, whether or not they are listed on the Site.
Company uses a designated third-party PCI compliant payment platform to store credit and debit card information and process transactions for your Subscription. Subscriber is responsible for all transactions processed through the Service. Company is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
Initial Purchase. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process. When signing up for a free trial, Subscriber’s card information will be collected upon activation and will be automatically charged at the end of the free trial period. There is no further action required by Subscriber if you would like to continue to subscribe to the Services.
Automatic Renewal. With the exception of gift certificate purchases, all Company Service subscriptions renew automatically on the 1st of each month in which Subscriber’s subscription is renewable based on the subscription term initially chosen. Once Subscriber signs up for a trial or becomes a Subscriber, associated subscriptions will be automatically renewed and Subscriber credit card will be charged based on the schedule previously specified. Subscriber subscription will be renewed based on the term selected when initially setting up the subscription – unless Subscriber opts-out or cancels subscription as described below prior to the 1st of the renewal month. The renewal of subscriptions takes place according to the Terms in place on the date of the renewal. If a free trial, promotion, or other offers were made available at the time of purchase, be sure to take note of any rules, conditions, cancellation dates or price changes that may take effect when the promotional or free trial period ends.
Retrying Transactions that Fail. In the event that an initial or renewal subscription charge is unsuccessful, Company may retry charges to Subscriber’s credit card for up to 60 days.
Valid Credit Card. It is Subscriber’s responsibility to ensure that Company has valid credit card information on file at all times. ReadaRoo Kids may also use third-party services to retrieve updated credit card information for Subscriber accounts.
Cancellation and Opting Out of Trial or Renewal. Subscriber may cancel a trial or opt out of the next renewal by email by contacting [email protected] or utilizing the cancelation feature on the Site if available. Subscriber may not cancel a trial or opt out of a renewal by leaving a voicemail. To avoid the processing of a renewal payment, Subscriber must opt out at least two business days prior to the subscription renewal date. Subscriber may cancel a free trial during the free trial period and incur no charges. When cancelling a free trial or opting out of renewal, Subscriber may continue to use the subscription until the end of the current subscription or the free-trial period.
Refunds. Requests for a refund can be made by sending an email to [email protected]. Refunds will only be granted if the monthly content has not been downloaded. Once Subscriber has downloaded or otherwise utilized any Services associated with the subscription, Subscriber will no longer be eligible for a refund. Refunds will be made to the credit card that was originally charged and may take up to 10 business days to appear on the credit card account. Company does not provide prorated refunds.
4. Communication Between You (the “Subscriber”) and ReadaRoo Kids (the “Company”)
We will generally contact you to let you know about changes to our Services and products related to our Services. You may opt out of our email communications by following the unsubscribe instructions located within the footer of all email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.
5. Content Submissions
By submitting activities, photographs, ratings or reviews, Subscriber grants the Company an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute in any manner existing now or to be developed in the future without compensation of any kind to Subscriber or any third party.
Company reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.
ReadaRoo Kids (the “Company”) does not allow submitted items that contain:
- Copyright materials for which the person submitting does not have the authority to provide a release of the Copyright
- Any content that infringes on intellectual property rights of a third party
- Obscene, profane, or pornographic content
- Personal attacks on others such as slanderous, defamatory, threatening or harassing content
Company may monitor content submitted, but cannot be responsible for the submissions of third parties. If Subscriber observes something that they believe violates these Terms and/or spirit of our Services, please let us know by contacting the Customer Service team.
6. Activity Guidelines & Preferences
Company is committed to providing educational and engaging learning activities for little readers of various ages.
Though Company makes its best effort, Company does not:
- Guarantee the accuracy, completeness, or usefulness of any of its content or services provided
- Adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of its content or services provided
7. Disclaimer
Our Content and Services are provided on an ‘as is’ basis without warranties of any kind, whether explicit or implied. Use of our Content and Services are at Subscriber’s own risk.
Additionally Company makes no representation or warrant that any Content within our Services is accurate, complete, reliable, or error-free. Company does not make representation that the Content or Services is suitable for a particular use by Subscriber or one of its’ family members.
Company does not warrant that our Content, Services, servers, or emails are free from viruses or any other harmful components.
Limited Liability. To the fullest extent permissible under applicable law, Company limits our liability. In particular, Company will not be liable for any damages caused unintentionally and will not be liable for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, Company will not be liable to Subscriber for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to Subscriber. If Subscriber is dissatisfied with any portion of the Site or the Services, or with any clause of these terms, as its sole and exclusive remedy, may discontinue using the Site and the Services. Although Company will not be liable for losses caused by any unauthorized use of Subscriber account, Subscriber may be liable to others as well as to Company if its account is used in violation of the terms and conditions of this Agreement.
Indemnity. Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) Subscriber use of and access to the Sites and Services; (ii) Subscriber violation of any term of this Agreement; (iii) Subscriber violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Subscriber Content Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Subscriber use of the Sites and Services.
8. Governing Law; Disputes
By using the Services or the Site, Subscriber agrees that the United States Federal Arbitration Act, applicable United States federal law, and the law of the State of Arizona, without regard to its principles on conflicts of laws, will govern these Terms, Subscriber use of the Site and the Services, and any dispute of any sort that might arise between Subscriber and the Company.
If a dispute arises between Subscriber and Company, Company’s goal is to provide Subscriber a neutral and cost effective way to resolve the dispute quickly. Subscriber agrees to first contact the ReadaRoo Kids Customer Service team by email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then Subscriber and Company agree that any dispute or claim relating to Subscriber use of the Services or the Site will be resolved through binding arbitration, rather than in court, except that Subscriber may assert claims in small claims court if claims qualify. In addition, Subscriber and Company both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, Subscriber and Company each waive any right to a jury trial.
Subscriber and Company agree that each 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, consolidated, or representative action. Further, unless both Subscriber and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude Subscriber from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Company on your behalf. This entire arbitration provision will survive termination of this Agreement and the termination of Subscriber’s ReadaRoo Kids (the “Company”) account.
To begin an arbitration proceeding, Subscriber must send a certified letter requesting arbitration and describing your claim to the Company, 2223 South 48th Street, Suite A, Tempe, AZ 85282. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org.
9. Assignment
Company reserves the right to assign or transfer its rights and obligations under this Agreement. These terms are personal to Subscriber and, as a result, Subscriber may not, without the written consent of Company, assign or transfer any of the rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
10. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. Company can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.
11. Waiver
Any failure by the Company to enforce any aspect of the terms of this Agreement will not affect its right to require performance at any subsequent time, nor will the waiver by the Company of any breach by Subscriber of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
12. Complete Agreement
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Site, will constitute the complete understanding and agreement between Subscriber and Company, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by the Company.
13. Copyright Complaints
Company respects the intellectual property rights of others and requires that Subscribers do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should Subscriber have a copyright complaint, please contact our Customer Service team.
14. Contacting ReadaRoo Kids
For questions or comments regarding our Terms or Services, please contact the ReadaRoo Kids Customer Service team by email at [email protected].
Updated: 3/17/20