TERMS OF SERVICE AGREEMENT BETWEEN USER AND Math Playground, LLC
"Math Playground" is comprised of various Web pages operated by Math Playground, LLC and located at https://www.mathplayground.com. Math Playground is offered to you conditioned on your acceptance of our Terms of Service without modification of the terms, conditions and notices contained herein and applies to use of the free and paid versions of Math Playground. Your use of Math Playground constitutes your agreement to all such terms, conditions and notices.
Multimedia content such as games, activities, videos and printables are strictly intended for online use only. You may not download, copy, reproduce, change, transmit, record, distribute or create derivative works of our content without written permission from Math Playground. The content on Math Playground may only be shown on domains owned by Math Playground, LLC. You may not display our proprietary and/or licensed content on any website or online platform, either directly or through the use of iFrames. You may not take screenshots or capture video of any part of Math Playground without written permission from Math Playground, LLC.
Website content including, but not limited to, games, activities, videos and printables may be updated at any time by Math Playground, LLC. New content may be added while other content may be removed from the website. Premium content that is part of the paid membership may be made free at any time, for any reason. Content that is currently free may be deemed premium and included in the paid membership. All decisions regarding the availability, access and pricing of content are made at the sole and absolute discretion of Math Playground, LLC.
Math Playground, LLC reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the Math Playground website, including, without limitation, the cessation of all activities associated with the Math Playground website. You agree that, except as may be required by law, Math Playground, LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Math Playground website or any part thereof.
Math Playground, LLC currently offers two Subscription Plans consisting of Classroom Premium and Family Premium. Each Subscription Plan has three Payment Plans consisting of annual, quarterly and monthly payment options. Math Playground, LLC reserves the right to change its Subscription Plans and Payment Plans at any time for any reason. Subscription Plans and Payment Plans currently in effect may be discontinued. New Subscription Plans and Payment Plans may be added. Payment Plan pricing may increase or decrease. All changes are made at the sole and absolute discretion of Math Playground, LLC.
Math Playground grants you revocable permission to link to Math Playground provided that any link: (a) must not frame or create a browser or border environment around any of the content on the Math Playground or otherwise mirror any part of Math Playground; (b) must not imply that Math Playground is endorsing or sponsoring any third party or its products or services, unless Math Playground has given the third party its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Math Playground’s sole opinion, harm Math Playground or its products or services; (d) must not use any Math Playground trademarks or logos without the prior written permission from Math Playground; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable in Math Playground’s sole opinion; (f) must not contain any image downloaded from Math Playground or screenshots of Math Playground and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. Notwithstanding anything to the contrary contained in these Terms, Math Playground reserves the right to prohibit linking to Math Playground for any reason in our sole and absolute discretion.
Math Playground reserves the right, but does not assume the responsibility, to monitor or review your conduct on Math Playground. Your use of Math Playground is subject to all applicable local, state, national and international laws and regulations.
In using Math Playground you agree not to post, transmit, or otherwise make available, through or in connection with Math Playground:
- Anything that is or may be unlawful, defamatory, fraudulent, objectionable, or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Interfere with or disrupt the operation of Math Playground or the servers or networks used to make Math Playground available; or violate any requirements, procedures, policies or regulations of such networks.
- Attempt to gain unauthorized access to Math Playground, other accounts, computer systems or networks connected to Math Playground, through password mining or any other means.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from Math Playground or reproduce or circumvent the navigational structure or presentation of Math Playground.
- Engage in any other conduct which, in Math Playground’s sole discretion, is considered inappropriate, unauthorized or objectionable.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Math Playground website, you warrant to Math Playground, LLC that you will not use Math Playground for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Math Playground in any manner which could damage, disable, overburden, or impair Math Playground, LLC or interfere with any other party's use and enjoyment of Math Playground. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Math Playground.
Anything that is sent to Math Playground by email, regular mail or submission forms on the web site is the exclusive property of the publisher. The publisher has the right to unrestricted use of these submissions for any purpose commercial or otherwise without compensation to the provider of the submissions.
You agree to indemnify and hold harmless Math Playground, LLC, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to Math Playground, your violation of the terms of service, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
By visiting https://www.mathplayground.com. you agree to submit to the personal and exclusive jurisdiction of the courts of Middlesex County, Massachusetts.
MERGER OR ACQUISITION
It is possible that the services and/or related assets of Math Playground, LLC might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Math Playground, LLC may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.
MATH PLAYGROUND AND THE MATH PLAYGROUND, LLC COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MATH PLAYGROUND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MATH PLAYGROUND, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO MATH PLAYGROUND AT ANY TIME. MATH PLAYGROUND LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON MATH PLAYGROUND FOR ANY PURPOSE. MATH PLAYGROUND, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MATH PLAYGROUND, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MATH PLAYGROUND WITH THE DELAY OR INABILITY TO USE MATH PLAYGROUND OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MATH PLAYGROUND, OR OTHERWISE ARISING OUT OF THE USE OF MATH PLAYGROUND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MATH PLAYGROUND LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MATH PLAYGROUND, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MATH PLAYGROUND.
Math Playground, LLC reserves the right, in its sole discretion, to terminate your access to Math Playground and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Suffolk County, Boston, Massachusetts, United States of America in all disputes arising out of or relating to the use of Math Playground. Use of Math Playground is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Math Playground, LLC as a result of this agreement or use of Math Playground. Math Playground, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Math Playground, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Math Playground or information provided to or gathered by Math Playground, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Math Playground, LLC with respect to Math Playground and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Math Playground, LLC with respect to Math Playground. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of Math Playground are copyright as of the year that appears at the bottom of the home page of www.mathplayground.com, Math Playground, LLC and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on Math Playground may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
MODIFICATION OF THESE TERMS OF SERVICE
Math Playground, LLC reserves the right to change the terms, conditions, and notices under which Math Playground is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.
All inquiries concerning Math Playground and its policies may be sent to: