Please read these terms carefully. In order to protect your rights and those of any other user or third party who interacts with us, we created these Terms of Service (“Terms”). By accessing or using VIPTEACHER PTE, Ltd.’s together, with its subsidiaries, affiliates, parents, related companies, licensees, successors, partners, and/or assigns, “VIPKid” “we”, or “us”) website, services, software, and/or content made available by VIPKid (the “Services”), you agree to the Terms set forth herein.
If you do not agree to these Terms, please refrain from accessing or using the Services.
By registering for the Services, you affirm that you are: (a) 18 years of age or the applicable age of majority or older in your province, territory, or country,or (b) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
You will be able to register using your email address and password to obtain an account (“VIPKid Account”) in order to use the Services. If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration forms provided by VIPKid to you; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes on another person’s rights; (e) not use an email address or password that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the Services.
WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR VIPKID ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS RESULTING FROM SUCH FAILURE.
Your use of the Services is subject to all applicable technical and non-technical specifications, guidelines, and policies, which we may revise from time to time, including, but not limited to the Privacy Policy located here(collectively referred to as “the Policies”). You agree and undertake to comply with the Policies. At this moment in time, the Services are only intended for use by citizens of the United States and Canada, and anyone who accesses or uses the Services from outside of the United States or Canada does so at his/her own risk and is responsible for compliance with applicable local laws.
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Services solely for personal, non-commercial purposes as permitted by these Terms, and intended by us through the normal functionality of the Services. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title, or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone,or other compatible internet-connected device. However, you may not transfer copies of cached content to any other device.
We would like to keep the Services as safe as possible for our users, but need your help to do so. Accordingly, you agree not to use the Services to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on the Services; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies,or regulations of networks connected to the Services; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.,that accesses the Services in a manner that sends more request messages to the Services servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
All right, title, and interest in and to the site and Services are and will remain the exclusive property of VIPKid and its licensors. The content on the Services, including without limitation, curriculum outlines, books, text, software, graphics, photos, sounds, music, videos, User Submissions (as defined below), interactive features and the like (collectively, the “Content”) and the “VIPKid” word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the Services that constitute trademarks, tradenames, service marks or logos (collectively, the “Marks”) are owned by or licensed to VIPKid and are subject to copyright, trademark, or other intellectual property rights under U.S. and international laws.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Services or any portion of the Services, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the Services only in geographic locations where we offer the Services and have licensed such Content. The Services are provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
We may provide functionality that enables you to post, upload, submit, or otherwise make available text (including quizzes, quiz responses, lesson plans), images, audio, video, presentations, competition entries, or other content (collectively, “User Submissions”) to the Services. Access to such functionality may be restricted to users above a certain age. You understand that such User Submissions may be accessible by the public and we do not guarantee any confidentiality for such User Submissions.
You may not submit User Submissions that are (i) defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive, or that harms or can reasonably be expected to harm any person or entity, in each case, whether or not such content is protected by law, or (ii) otherwise contrary to applicable local, national, or international laws and regulations.
You may not submit User Submissions that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally authorized to submit such content and grant us the licenses described above. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Submissions, and that the User Submissions conform to the terms described in this Section 5
You also agree not to enforce any moral rights, ancillary rights, or similar rights in or to the User Submissions against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your User Submissions and the consequences of submitting and making available such User Submissions to the Services.
We have the right, but not the obligation, to monitor, screen, post, remove,modify, store and review User Submissions submitted to the Services, at any time and for any reason, including, to confirm that the User Submissions are consistent with these Terms, without prior notice to you.
We do not endorse or guarantee the opinions, recommendations, or advice contained in any User Submissions, and we expressly disclaim any and all liability in connection with such content.
The Services provide its users with access to curriculum content, books, and other Content streamed through the Internet to certain devices. The availability of this Content may change from time to time, and from geographic territory to territory, for a number of reasons (including curriculum sharing permissions, publisher deals, and/or available Internet bandwidth). As a result,we do not guarantee that any Content will be available or remain available on the Services.
If you access the Services through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees will apply. Downloading, installing, or using certain features of the Services may be prohibited or restricted by your network provider, and not all features of the Services will work with your network provider or device.
Your right to use the Services automatically terminates if you violate theseTerms or any rules or guidelines posted in connection with the Services. We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, for any reason, with or without notice.
Links. For parents or educators, the Services may contain links to third party websites, or interact with third party applications (including, without limitation, widgets, software, or other software utilities), that are not owned or controlled by the Services. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRDPARTY WEBSITE OR THIRD PARTY APPLICATION.
Devices. If you access the Services using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to these Terms. However, these third-party beneficiaries are not a party to this agreement and are not responsible for the provision or support of the Services. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VIPKID AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
We make no warranties or representations about the accuracy or completeness of content available on or through the Services or the content of any websites linked to the Services, and assume 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 the Services or the Content on the Services; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the Services.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VIPKID OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent VIPKid may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless VIPKid, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, feedback, or any other content) you(or anyone using your account) submit, post, or transmit on or through the Services; (b) your (or anyone using your account’s) use of the Services; (c) your (or anyone using your account’s) violation of these Terms; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. VIPKid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,in which event you will cooperate with VIPKid in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the law sof the State of Delaware, without regard to any choice of law or conflict of law sprinciples, regardless of where you live. You will resolve any claim, cause of action, or dispute you have with us arising out of or relating to these Terms or the Services exclusively in a state or federal court located in Delware. You agree to submit to the personal jurisdiction of the courts located in Delaware, for the purpose of litigation of any and all such claims or causes of action.
By using the Services, you agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
These Terms, together with any other rules or guidelines posted in connection with the Services, constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason, any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only, and have no legal or contractual effect. The terms of Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect, notwithstanding any termination of your use of the Services. These Terms are personal to you and are not assignable, transferable, or sublicensable by you, except with our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to the Services is info@vipteacher.com.
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the Services, or email you. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the Services.