MarcoPolo (“ MarcoPolo ,” “ we ,” “ our ,” or “ us ”) operates a service that allows your children to access educational and entertaining videos, games and other content and for you to track your children's progress and use of this content, which we make available through our website at www.marcopololearning.com (the “ Site ”) and the World School mobile application (the " App " and collectively, with the Site, the " Service ").
This page explains the terms and conditions which govern your relationship with us when you use the Service.
We have two sets of terms and conditions:
It is important that you read and understand the terms that apply to you when you use the Service before using the Service.
PLEASE READ THE TERMS OF SERVICE THAT APPLY TO YOU CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE THAT APPLY TO YOU, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
This Part A, and the documents referred to within it, set out the terms and conditions that apply to your use of the Service if you access the Service from within the United States (collectively, the “ Agreement ”). This Agreement applies to all visitors, users, and others who access the Service (“ Users ”) within the United States.
You acknowledge and agree that, as provided in greater detail in this Agreement:
The Service is operated by MarcoPolo Learning, Inc., registered at 222 Broadway, 19 th Floor, New York, NY, 10038, United States.
The Service enables you and those who you have parental responsibility over, whether as a parent, guardian or otherwise (“Child ” or “Children ”) to access educational and entertaining videos, games and other content, and for you to view and track your Child's use of the Service.
You may use the Service only if you can form a binding contract with MarcoPolo, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Except as provided under Section 1.4 of this Agreement, any use or access to the Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by MarcoPolo.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable (except as provided in Section 1.4 of this Agreement) freely revocable license to use the Service for your personal, noncommercial use and only as permitted by the features of the Service. MarcoPolo reserves all rights not expressly granted herein in the Service and the MarcoPolo Content (as defined below). MarcoPolo may terminate this license at any time for any reason or no reason.
Your account on the Service (your “ User Account ”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify MarcoPolo immediately of any breach of security or unauthorized use of your User Account. MarcoPolo will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your Parents’ Settings area. By providing MarcoPolo your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Parents’ Settings area. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Once you have registered and set up your User Account, you may be asked to provide information about your Children and to create a profile for each of your Children (each a “ Child Profile ”). You must create a Child Profile in order to grant your Child access to the Service.
Subject to the terms and conditions of this Agreement, upon the creation of a Child Profile, you are hereby granted the right to sublicense to your Children the licenses granted to you in Sections 1.2 and 14.1 of this Agreement; provided, however: (i) your Children may only use the Service as permitted by the features of the Service; (ii) MarcoPolo may terminate this right to sublicense and your Child’s right to access the Service at any time for any reason or no reason; and (iii) you shall remain solely responsible for your Children's use of the Service and compliance with this Agreement.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You may be granted access to the Service for a trial period (“ Free Trial ”). During the Free Trial, we will not charge you Membership Fees (as defined below). At the end of the Free Trial, unless you cancel your Membership (as described in Section 2.4), you must pay Membership Fees in accordance with our Billing Policies.
After the expiration of the Free Trial, your membership will automatically convert to a paid membership unless you cancel (“ Membership ”). As part of the Membership, we will charge you a regular fee for your use of the Service (“ Membership Fees ”). You may find information about our current Membership Fees on the "Subscription" page in the Service. We reserve the right to adjust Membership Fees in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any changes to the Membership Fees will be effective in the billing cycle following notice of such change to you as provided in this Agreement.
By starting your Membership, you authorize us to charge you a Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the Service. Additionally, we reserve the right to determine the frequency of billing for Membership Fees, including without limitation, the period of time that passes between each time we 3charge you Membership Fees (the “ Billing Period ”). You acknowledge that the amount billed may vary from Billing Period to Billing Period and you authorize us to charge your payment method for such varying amounts, which may be billed each Billing Period in one or more charges. The Membership Fee for our Service will be billed at the beginning of the paying portion of your Membership and at the beginning of each Billing Period thereafter unless and until you cancel your Membership in accordance with Section 2.4. We automatically bill your payment method for each Billing Period on the calendar day corresponding to the commencement of your Membership. We reserve the right to change the timing and frequency of our billing and the Billing Periods if your payment method has not successfully settled.
You may cancel your Membership at any time; however, there are no refunds for cancellation. To cancel your Membership, you must notify us at least twenty-four (24) hours before the start of the next Billing Period by using the appropriate functionalities in the Service, by contacting us at firstname.lastname@example.org or, if you have subscribed to the Service through the Apple App Store or any other Distributor Platform, by using the appropriate settings on your mobile device, Apple App Store account or other Distributor Platform account (as applicable). We may immediately terminate your and your Children’s access and use of the Service for any reason or no reason at all. In the event that MarcoPolo suspends or terminates your User Account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any MarcoPolo Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
We or our third-party payment processors (including, without limitation, Apple and the Distributors) will charge your Membership Fees and any other charges you may incur to the payment method you provide when you register for a User Account or for an account with Apple or any other applicable Distributor. You may change your payment method by changing the information in your Apple App Store account or other Distributor Platform account (as applicable). You agree to pay any and all charges (including, but not limited to, Membership Fees) incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your and your Children's access to the Service and we shall be under no obligation to provide any or all of the Service while the Membership Fees concerned remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Membership Fees, purchases, transactions or other monetary transactions.
The provider of services is MarcoPolo Learning, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Some areas of the Service allow Users to create, submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User creates, submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “ User Content ”).
W E CLAIM NO OWNERSHIP RIGHTS OVER U SER C ONTENT CREATED BY YOU . T HE U SER C ONTENT YOU CREATE REMAINS YOURS
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to MarcoPolo a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and MarcoPolo’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
For the purposes of this Agreement, “ Intellectual Property Rights ” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
MarcoPolo takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for Children, or otherwise unsuited to your purpose, and you agree that MarcoPolo shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “ MarcoPolo Content ”), and all Intellectual Property Rights related thereto, are the exclusive property of MarcoPolo and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MarcoPolo Content. Use of the MarcoPolo Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“ Ideas ”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MarcoPolo under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MarcoPolo does not waive any rights to use similar or related ideas previously known to MarcoPolo, or developed by its employees, or obtained from sources other than you.
The Service contains data, information, and other content not owned by you, such as reputational or status indicators in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) (“ MarcoPolo Property ”). You understand and agree that regardless of terminology used, MarcoPolo Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at MarcoPolo’s sole discretion. MarcoPolo Property is not redeemable for any sum of money or monetary value from MarcoPolo at any time. You acknowledge that you do not own the User Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of MarcoPolo on MarcoPolo servers, including without limitation any data representing or embodying any or all of your MarcoPolo Property. You agree that MarcoPolo has the absolute right to manage, regulate, control, modify and/or eliminate MarcoPolo Property as it sees fit in its sole discretion, in any general or specific case, and that MarcoPolo will have no liability to you based on its exercise of such right. All data on MarcoPolo’s servers are subject to deletion, alteration or transfer. N OTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY , YOU UNDERSTAND AND AGREE THAT ANY DATA , U SER A CCOUNT HISTORY AND U SER A CCOUNT CONTENT RESIDING ON M ARCO P OLO ’ S SERVERS , MAY BE DELETED , ALTERED , MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN M ARCO P OLO ’ S SOLE DISCRETION , WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND . M ARCO P OLO DOES NOT PROVIDE OR GUARANTEE , AND EXPRESSLY DISCLAIMS , ANY VALUE , CASH OR OTHERWISE , ATTRIBUTED TO ANY DATA RESIDING ON M ARCO P OLO ’ S SERVERS .
You may sign up to receive certain MarcoPolo notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
MarcoPolo cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless MarcoPolo and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
T HE S ERVICE “ AS IS ” AND “ AS AVAILABLE ” BASIS . U SE OF THE S ERVICE IS AT YOUR OWN RISK . T O S ERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND , WHETHER EXPRESS OR IMPLIED , INCLUDING , BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE , OR NON - INFRINGEMENT . N O ADVICE OR INFORMATION , WHETHER ORAL OR WRITTEN , OBTAINED BY YOU FROM M ARCO P OLO OR THROUGH THE S ERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN . W ITHOUT LIMITING THE FOREGOING , M ARCO P OLO , ITS SUBSIDIARIES , ITS AFFILIATES , AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE , RELIABLE OR CORRECT ; THAT THE S ERVICE WILL MEET YOUR REQUIREMENTS ; THAT THE S ERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION , UNINTERRUPTED OR SECURE ; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED ; OR THAT THE S ERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS . A NY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS IS PROVIDED ON AN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW , THE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE S ERVICE . DOES NOT WARRANT , ENDORSE , GUARANTEE , OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE , AND M ARCO P OLO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD - PARTY PROVIDERS OF PRODUCTS OR SERVICES .
FEDERAL LAW , SOME STATES , PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES , SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU . T HIS A GREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS , AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE . DISCLAIMERS AND EXCLUSIONS UNDER THIS A GREEMENT THE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW .
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW , IN NO EVENT SHALL MARCO POLO , ITS AFFILIATES , AGENTS , DIRECTORS , EMPLOYEES , SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT , PUNITIVE , INCIDENTAL , SPECIAL , CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS , GOODWILL , USE , DATA OR OTHER INTANGIBLE LOSSES , ARISING OUT OF OR RELATING TO THE USE OF , OR INABILITY TO USE , THE SERVICE . UNDER NO CIRCUMSTANCES WILL M ARCO P OLO BE RESPONSIBLE FOR ANY DAMAGE , LOSS OR INJURY RESULTING FROM HACKING , TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN .
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW , MARCOPOLO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ( I ) ERRORS , MISTAKES , OR INACCURACIES OF CONTENT ; ( II ) PERSONAL INJURY OR PROPERTY DAMAGE , OF ANY NATURE WHATSOEVER , RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE ; ( III ) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN ; INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR ( IV ) ANY SERVICE ; ( V ) ANY BUGS , VIRUSES , TROJAN HORSES , OR SERVICE BY ANY THIRD PARTY ; ( VI ) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED , EMAILED , TRANSMITTED , OR OTHERWISE MADE AVAILABLE THROUGH THE S ERVICE ; AND / OR ( VII ) U SER THIRD PARTY . I N NO EVENT SHALL C ONTENT OR THE DEFAMATORY , OFFENSIVE , OR ILLEGAL CONDUCT OF ANY M ARCO P OLO , ITS AFFILIATES , AGENTS , DIRECTORS , EMPLOYEES , SUPPLIERS , OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS , PROCEEDINGS , LIABILITIES , OBLIGATIONS , DAMAGES , LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER : ( I ) THE AMOUNT YOU PAID TO M ARCO P OLO HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE EVENT WHICH FIRST GAVE RISE TO LIABILITY ; OR ( II ) $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT , TORT , NEGLIGENCE , STRICT LIABILITY , OR ANY OTHER BASIS , EVEN IF M ARCO P OLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE .
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES , SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU . THIS A GREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS , AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE . T HE DISCLAIMERS , EXCLUSIONS , AND LIMITATIONS OF LIABILITY UNDER THIS A GREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW .
This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York County, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR MARCOPOLO. For any dispute with MarcoPolo, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that MarcoPolo has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “ Claims ”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and MarcoPolo agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing MarcoPolo from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
WITH RESPECT TO ALL PERSONS AND ENTITIES , REGARDLESS OF S ERVICE FOR PERSONAL , COMMERCIAL OR OTHER PURPOSES , ALL C LAIMS MUST BE BROUGHT IN THE PARTIES ’ INDIVIDUAL CAPACITY , AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION , COLLECTIVE ACTION , PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING . THIS WAIVER APPLIES TO CLASS ARBITRATION , AND , UNLESS WE AGREE OTHERWISE , THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON ’ S C LAIMS . Y OU AGREE THAT , BY ENTERING INTO THIS A GREEMENT , YOU AND M ARCO P OLO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION , COLLECTIVE ACTION , PRIVATE ATTORNEY GENERAL ACTION , OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND .
We may make available software to access the Service via a mobile device (“ Mobile Applications ”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. MarcoPolo does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. MarcoPolo hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one MarcoPolo Account on one mobile device owned or leased solely by you, for your personal use and for your Children’s use as provided in Section 1.4 of this Agreement. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and MarcoPolo or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. MarcoPolo reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
The following applies to any Mobile Applications you acquire from the Apple App Store (“ Apple-Sourced Software ”): You acknowledge and agree that this Agreement is solely between you and MarcoPolo, not Apple, Inc. (“ Apple ”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to MarcoPolo as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to MarcoPolo as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, MarcoPolo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and MarcoPolo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Applications you acquire from the Google Play Store, Windows Store or any other app store or distribution platform other than the Apple App Store (“ Distributor Platform ” and such Mobile Applications being the “ Distributor-Sourced Software ”): (i) you acknowledge that the Agreement is between you and MarcoPolo only, and not with Google, Inc. or any other provider of a Distributor Platform (“ Distributor ”); (ii) your use of Distributor-Sourced Software must comply with the Distributor's then-current Distributor Platform Terms of Service; (iii) the Distributor is only a provider of the Distributor Platform where you obtained the Distributor-Sourced Software; (iv) MarcoPolo, and not the Distributor, is solely responsible for its Distributor-Sourced Software; (v) the Distributor has no obligation or liability to you with respect to Distributor-Sourced Software or the Agreement; and (vi) you acknowledge and agree that the Distributor is a third-party beneficiary to the Agreement as it relates to MarcoPolo’s Distributor-Sourced Software.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MarcoPolo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
MarcoPolo may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by MarcoPolo in our sole discretion. MarcoPolo reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. MarcoPolo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. MarcoPolo may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments and any additional agreements you may enter into with MarcoPolo in connection with the Service, shall constitute the entire agreement between you and MarcoPolo concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MarcoPolo’s failure to a
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Part B, and the documents referred to within it, set out the terms and conditions that apply to your use of the Service if you access the Service from outside the United States (collectively, the " Terms of Service ").
If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.
English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Service heard in the courts of that country.