Terms and Conditions of Use Agreement
PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Terms and Conditions of Use Agreement (“Agreement”) governs the use of The Giant Turnip, a storybook app created by Communication Service for the Deaf, Inc. (“CSD Storybook App”), which is based upon a Russian folklore tale.
The CSD Storybook App is made possible by the support of the US-Russia Social Expertise Exchange. The opinions, findings and conclusions stated herein are those of CSD and do not necessarily reflect the views of the US-Russia Social Expertise Exchange.
“User” or “Users” or “You” shall mean all individuals who purchase and access the CSD Storybook App.
You are permitted to access the CSD Storybook App upon acceptance of and in accordance with the terms and conditions under this Agreement, and as may be modified by CSD from time to time. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ANY SUBSEQUENT MODIFICATIONS TO THE AGREEMENT AS CSD MAY MAKE FROM TIME TO TIME, YOU MAY NOT ACCESS THE CSD STORYBOOK APP.
Section 1. Information Use and Privacy.
Section 2. Refund Policy.
CSD does not provide refunds for the CSD Storybook App. If you are not happy with the CSD Storybook App for any reason, please let us know by emailing us at email@example.com.
Section 3. Intellectual Property
- CSD. The CSD Storybook App is the intellectual property of CSD. The CSD Storybook App, artwork, and interpretation of the story is owned, developed, created, and maintained by CSD. However, CSD does not own the rights to the Russian folklore tale, nor does CSD own the software used to create the CSD Storybook App. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the CSD Storybook App.
- Third Parties. CSD may provide certain services and functionality using third party services (“Third Party Services”). You agree not to copy, reproduce, modify, create derivative works, publish, distribute, transmit, publicly display, or post on any other website any Third Party Services without the consent of such third party. Users agree that that the use of such Third Party Services is subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions.
Section 4. Disclaimers and Limited Liability
- Disclaimer of Warranties. THE CSD STORYBOOK APP IS PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CSD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. CSD DOES NOT WARRANT THAT THE CSD STORYBOOK APP WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CSD STORYBOOK APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CSD STORYBOOK APP WILL BE CORRECTED. CSD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CSD STORYBOOK APP OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY CSD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE CSD STORYBOOK APP. CSD IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
- No Guarantee. CSD cannot guarantee that the CSD Storybook App will always function without disruptions, delay, or errors. A number of factors may impact the quality of and the use of the CSD Storybook App, including but not limited to: the User’s device, computer, local network, firewall, Internet service provider, the public Internet, and power supply. CSD is not responsible for any disruption, interruption or delay caused by any failure of or inadequacy in performance of any kind and for any reason or in any other events over which CSD has no control.
- Limited Liability.
- No Indirect or Consequential Damages. To the fullest extent permitted by applicable law, CSD and its affiliates (and its respective employees, directors, agents, and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with this Agreement or the CSD Storybook App (including without limitation the inability to use the CSD Storybook App).
- Limited Aggregate Liability. In addition, and without limiting the foregoing, the total aggregate liability of CSD and its affiliates (and its respective employees, directors, agents, and representatives) for claims asserted by any User under or in connection with the Agreement, regardless of the form of the action or the theory of recovery, shall be limited to the total charges paid or payable to CSD, if any, by the User under the Agreement during the twelve (12) month period preceding the last act or omission giving rise to such liability.
- Maximum Effect. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply, and there may be rights in addition to those contained in this Agreement. CSD and its Affiliates’ (and its respective employees, directors, agents and representatives) liability are limited to the greatest extent permitted by law.
Section 5. Links to Third Party Websites.
CSD makes no representations whatsoever about any other third party websites (“Third Party Websites”) that you may access though the CSD Storybook App. When you access a Third Party Website, you understand that it is independent from CSD and CSD has no control over the content on such Third Party Website. A hyperlink to a Third Party Website does not mean that CSD endorses or accepts any responsibility for the content, or the use, of the linked Third Party Website. You are responsible for taking all precautions to ensure that whatever you select for your own use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Section 6. General
- You can review the most current version of this Agreement at any time on this page. CSD may modify the terms of this Agreement from time to time without notice to you. It is your responsibility to check this Agreement periodically for changes. Continued use of the CSD Storybook App after any modifications to the terms of this Agreement constitutes your acceptance of such modified terms.
- CSD shall not be obligated to you for any claims, actions, demands, liabilities arising directly or indirectly out of or from your acts or omissions, in connection with: (i) the access or use of the CSD Storybook App; (ii) any violation of any term of this Agreement; or (iii) any breach or violation of a right of any third party or of any law, statute, ordinance or regulation related to use of the CSD Storybook App. You agree to indemnify, defend and hold harmless CSD, its officers, directors, employees, agents, representatives and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this Subsection, including but not limited to reasonable attorney’s fees.
- Legal Notices. All legal notices to CSD shall be sent to CSD’s registered agent via postal mail to the address listed below, with a copy sent by e-mail to firstname.lastname@example.org. CSD’s receipt of correspondence by e-mail is for convenience only and does not waive any objections, including the lack of jurisdiction or proper service.C T Corporation System
Attn: Communication Service for the Deaf, Inc.
1999 Bryan St, Suite 900,
Dallas, TX 75201
- No Assignment. User may not transfer or assign any part of or the entire Agreement and the rights hereunder to any other person or entity without CSD’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
- Governing Law. The rights and obligations of the parties under this Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas and of the United States, without giving effect to the principles of Texas law relating to conflict or choice of laws.
- Voluntary Agreement. You affirm that you have carefully read this Agreement, understand the contents, had an opportunity to fully discuss and review the terms and conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of the terms and conditions of this Agreement.
- Severability. If any provision of this Agreement shall for any reason or to any extent be found invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected thereby, but, rather, shall be enforced to the extent consistent with the intent of the parties hereto and permitted by law. Further, in lieu of any provision found to be illegal, invalid or unenforceable, there shall be added automatically as part of this Agreement a provision as similar in terms to such provision deemed illegal, invalid or unenforceable as may be possible and which shall be legal, valid, and enforceable.