Explore Interactive Terms of Service
The Terms apply to you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason (hereinafter, “You” and/or “User”), and apply to any access, use, or visitation to the Services (collectively, “Use”), including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combination, interactive features, and other materials. You may view on, access through, or contribute to the Services.
Agreement to Terms
Changes to Terms or Services
Explore Interactive may modify these Terms at any time, without prior notice. Explore Interactive may or may not notify You when changes, revisions, or termination are made to the Terms or Services. All changes are effective immediately when Explore Interactive posts them, and they apply to all use of the Services thereafter. Please review the Terms whenever We modify them, because if You continue to use the Services after We have modified the Terms, You are indicating to us that You agree to be bound by the modified Terms. If You do not agree to be bound by the modified Terms, then You may not use the Services anymore. You are expected to access and review the Services with sufficient frequency to stay aware of any changes. Because our Services evolve and improve over time, We reserve the right to change or discontinue all or part of the Services at any time and without notice.
Except if You opt out and except for certain types of disputes described in the “Agreement to Arbitrate” section below, You agree that disputes between You and Explore Interactive will be resolved by binding, individual arbitration, and You are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Eligibility and Account Registration
If You want to use certain features of the Services, You will have to create an account with Explore Interactive (an “Account”). You can create an Account through the Explore Interactive App.
It is important that You provide Us with accurate, complete, and up-to-date information for your Account, and You shall update such information as needed, to keep it accurate, complete, and up-to-date. If You fail to keep your account updated, Explore Interactive reserves the right to suspend or terminate your Account at any time and without notice. You shall not disclose your Account password to anyone, and You shall notify Explore Interactive immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not You know about them.
Registration on Behalf of Children
We comply with the Children’s Online Privacy Protection Act (COPPA), which requires Us to obtain parental consent before collecting personally identifiable information online from children under the age of 13. Thus, although our Services are intended to be used by children in elementary through high school, some of our Services are intended to be used only by parents, legal guardians, and/or teachers over the age of 18.
If You are a student under the age of 13 years old, please do not provide or send any personal information about yourself to Us if your school and/or teacher has not obtained prior consent from your parent or guardian. If We learn that We have collected personal information from a student under 13 years old without parental consent being obtained by the student’s school and/or teacher or if We learn that a student under 13 years old provided Us with personal information beyond what We request, then We will delete that information as quickly as possible. If You believe that a student under 13 years old may have provided Us with personal information, please contact Us at www.explorearplay.com/contact.
If You are a teacher, aide, or other similar personnel (together, “School Personnel”) accessing the Service on behalf of a school, school district, or other similar education institution (each, an “Institution”), the following terms are applicable to You:
- You represent that You are acting on behalf of (or have permission from) your Institution to enter into these Terms and to use Our Services as part of your curriculum;
- You represent that You understand and acknowledge that COPPA prohibits online service provides from knowingly collecting personally identifiable information from children under the age of 13 without consent, and You understand that We only collect, use, share, and retain the personal information of students only for purposes authorized by the Institution, teacher, parent, or student;
- Only individuals who are current employees of an Institution may use the Services on the Institution’s behalf. Upon termination of a teacher or other staff member’s employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time, You learn a User of the Services claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, You will notify Explore Interactive immediately.
- You represent that You have the Institution’s consent to allow students under the age of 13 to use the Services and that You and/or the Institution will be solely responsible for compliance with COPPA. This includes limiting access to the Services to those Users from whom School Personnel has received valid consent forms and complying with all parental requests regarding the collection, use, and disclosure of the child’s information. The Institution and/or School Personnel are responsible for disseminating parental consent forms to the Parents of potential student Users, for confirming receipt of valid consent forms for each child before granting the student access to the Services and for retaining such consent forms on file. If a Parent User does not consent or rescinds consent, the Institution and/or School Personnel shall immediately notify Explore Interactive to discontinue that student’s access to the Services and ensure that the student’s information is no longer accessible through the services.
- You acknowledge and agree that, in order to guarantee the privacy and security of student Users data and to provide student Users with the best possible experience, Uou will ensure that student Users use the latest version of Explore Interactive’s App.
Rights in App
Subject to your compliance with these Terms, Explore Interactive grants You a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for educational purposes. Except as expressly permitted in these Terms, You may not do any of the following:
- Copy, modify, or create derivative works based on the App,
- Distribute, transfer, sublicense, lease, lend, or rent the App to any third party,
- Reverse engineer, decompile, or disassemble the App, or
- Make the functionality of the App available to multiple users through any means.
Explore Interactive reserves all rights in and to the App not expressly granted to You under these Terms.
Additional Terms for App Store Apps
- If You accessed or downloaded the App from the Apple Store, then You agree to use the App only (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software), and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If You accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then You acknowledge and agree that:
These Terms are concluded between You and Explore Interactive, and not with App Provider, and that, as between Us and the App Provider, Explore Interactive is solely responsible for the App,
- App Provider has no obligation to furnish any maintenance and support services with respect to the App,
- In the event of any failure of the App to conform to any applicable warranty, You may notify App Provider, and App Provider will refund the purchase price for the App to You (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Explore Interactive,
- App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation,
- In the event of any third-party claim that the App or your possession and Use of the App infringes that third party’s intellectual property rights, Explore Interactive will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms,
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against You as a third-party beneficiary thereof,
- You must also comply with all applicable third-party terms of service when using the App, and
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Content and Content Rights
For purposes of these terms, “Content” means the text, software, machine-readable codes consisting of an array of black and white squares typically used for storing URLs or other information for reading by the camera on a smartphone or tablet (“QRCs”), scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. “User Content” means any Content that any User provides to be made available through the Services. Subject to your compliance with these Terms, Explore Interactive grants You a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, interact with, and use the Content and/or User Content solely in connection with your permitted use of the Services.
Explore Interactive does not claim any ownership rights in any User Content, and nothing in these Terms will restrict any rights that You may have to use and exploit your User Content. Subject to the foregoing, Explore Interactive exclusively owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content [are protected by copyright, trademark, and other laws of the United States and foreign countries.] You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights Granted by You
By making any User Content available through Services, You grant to Explore Interactive a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other account holders.
You are solely responsible for all your User Content. You represent and warrant that You own all your User Content, or You have all rights that are necessary to grant Us the license rights in your User Content under these Terms. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post, that the User Content is accurate and that use of the User Content You supply does not violate these Terms, and that your User Content will not cause injury to any person or entity. Explore Interactive may reject any submissions in which Explore Interactive believes, in its sole discretion, that the User Content is inappropriate or violates these Terms. Explore Interactive further reserves the right to remove any User Content from the Services at any time and without notice and for any reason. Explore Interactive takes no responsibility and assumes no liability for any User Content posted by You or any third party.
Access by Third Parties Through You
You agree that all persons who access the Services through your internet connection are aware of these Terms and shall comply with them. You shall indemnify Explore Interactive against and hold Explore Interactive harmless from any and all claims or liability arising out of such third party access.
Data or Content Access
You agree not to use any automated system, including but not limited to data scrapers, robots, spiders, or offline readers, to access the Services or their contents in any manner, except as necessary for operators of public search engines to access the Services to create indices or other compiled search results. You agree that You shall not make any Use that collects or harvests or uses any personally identifiable information included in or on the Services, including account names, personal names, or other personal information. You agree not to commit any Use for any commercial solicitation purposes other than that for which the Services are designed.
Use of Services
With regard to the Services and their contents, You agree to the following:
- Not to modify or alter any part of the Services,
- That Explore Interactive has a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute User Content throughout the world in any media (as laid out in the “Rights Granted by You” section above,
- Not to distribute any Content of the Services in any manner without the prior written consent of Explore Interactive, unless Explore Interactive provides for such distribution as part of the intended Services,
- Not to make any Use that is a commercial use of the Services, including but not limited to the sale of any advertisement or sponsorship, or its Content except as part of the explicitly intended Services,
- Not to make any Use that is illegal, slanderous, or unethical. Explore Interactive reserves the right, in its sole discretion, to immediately remove User Content, modify your Use rights, or terminate your Use and access to the Services at any time if, in Explore Interactive’s sole discretion, Explore Interactive determines You have violated any of these agreements regarding Use.
General Content and Use Standards
Any Use by You and any Content contributed by You must in its parts and in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, You shall not make contributions that:
- contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable,
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
- infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person,
- be likely to deceive any person,
- promote any illegal activity, or advocate, promote, or assist any unlawful act,
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, harass, or annoy any other person,
- impersonate any person, or misrepresent your identity or affiliation with any person or organization,
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, other than as consistent with the stated purpose and mission of the Services, or
- give the impression that You emanate from or are endorsed by Us or any other person or entity, if this is not the case.
Representations and Warranties Regarding Created and/or Uploaded Content
By submitting any content to the Services in any manner whatsoever, You represent and warrant to Explore Interactive, which is specifically relying on your representations and warranties when You are using the Services:
- that You have the necessary rights, through consent, license, or otherwise, to publish and share the content that You submit, and
- that your submission thereof is not contrary to or in violation of any intellectual property rights of any other party.
You shall indemnify Explore Interactive against and hold Explore Interactive harmless from any inaccuracy or claim of inaccuracy of such representations and warranties, including attorneys fees. Explore Interactive may, in its discretion, remove any content that it believes to be in violation thereof.
Grant of License
By submitting any content to or through the Services in any manner, You grant Explore Interactive a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted content in connection with Explore Interactive services, including by not limited to purposes of promoting and redistributing the Services and their content in any format and in any media.
By transferring any content to the Services (“Uploaded Content”), You represent as follows:
- that the quality of Uploaded Content may be modified by the uploading process,
- that Explore Interactive does not guarantee confidentiality of any Uploaded Content that You submit;
- that You shall be solely liable for the Uploaded Content that You submit and any and all consequences of submitting the Uploaded Content to the Services; and
- that Uploaded Content You submit may remain in possession of Explore Interactive after its removal by You.
Your Use of the Services Content
With respect to any content on the Services not contributed by You or any other User (“Explore Content”):
- You represent that all Explore Content and all intellectual property arising out of or related thereto is owned or licensed by Explore Interactive and is subject to copyright and other intellectual property law, including specifically the Explore Interactive name, trademarks, and all related names, logos, product and service names, designs and slogans (the “Explore IP”) are trademarks of Explore Interactive or its affiliates or licensors,
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Explore Content or the Explore IP without the prior written consent of Explore Interactive, and
- Explore Interactive shall not be liable for the accuracy, usefulness, safety, or the Explore IP or the intellectual property rights of or relating to Explore Content.
No Warranty of Explore Interactive Content
The information present on or through the Services is made available exclusively for educational purposes. Though Explore Interactive seeks to accurately teach STEM subjects through augmented reality, Explore Interactive does not warrant the accuracy, completeness, or usefulness or any or all of this information for any purpose, and any reliance You place on such information is strictly at your own risk. Explore Interactive disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services or by anyone who may be informed of any of its contents.
Third Party Websites, Content, and Services
You acknowledge that the Services may include links to third party websites and other services that are neither owned nor controlled by Explore Interactive in any way. The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Explore Interactive, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Explore Interactive. Explore Interactive is not and shall not be liable to You or any third party for the content or accuracy of any materials provided by third parties. Explore Interactive has no control over and assumes no liability for the content, privacy policies, terms of service, or practices or any third-party websites, whether linked directly or indirectly through the Services. Through Use by You, You hereby release and hold Explore Interactive harmless from any and all claims or liability arising out of or related to your access to or Use of any such third-party website or service.
Disclaimer of Warranties Regarding Products or Services Sold
Explore Interactive makes no warranties of any kind whatsoever with regard to products or services sold on or through the Services and specifically disclaims any and all such warranties, including without limitation, the warranties of merchantability and warranties of fitness for a specific purpose.
Explore Interactive shall maintain all purchase, sale, and payment information in a confidential manner as required by law, and shall notify You in the event of any breach, compromise, or accidental disclosure of any such information, including credit card information. By your Use or purchase through the Services, You agree to hold Explore Interactive harmless from and indemnify Explore Interactive against any claim or liability arising out of or related to confidentiality of such payment information.
Limitation of Liability on Privacy
General Limitation of Liability and Warranties
Any Use of the Services of Explore Interactive is at your sole risk. To the fullest extent permitted by law, Explore Interactive, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with your Use and the Services. Explore Interactive makes no warranties or representations with respect to the accuracy or completeness of the Services or any content or the content of any websites linked to the Services, and assumes no liability for any claims of any kind arising out of or related to your Use and access of the Services. Such disclaimer of liability includes but is not limited to liability arising out of or related to unauthorized access of your content or your Account, interruption or cessation of service, and security breaches through virus or other means. You agree to indemnify Explore Interactive against and to release Explore Interactive and hold Explore Interactive harmless from any and all claims or liability arising out of or related to the Services and to defend and indemnify Explore Interactive, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney fees, arising out of or related to your Use in any manner.
These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Explore Interactive agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the Use of the Services, Content, and/or User Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to (a) bring an individual action in small claims court; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide Explore Interactive with written notice of your desire to do so by regular mail at 1281 Win Hentschel Blvd. West Lafayette, IN 47906 within thirty (30) days following the date You first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If You do not provide Explore Interactive with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue, if You timely provide Explore Interactive with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of Indiana, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless You timely provide Explore Interactive with an Arbitration Opt-out Notice, You acknowledge and agree that You and Explore Interactive are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Explore Interactive otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless You and Explore Interactive otherwise agree, the arbitration will be conducted in the county where Explore Interactive maintains its headquarters. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and Explore Interactive submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “General Limitation of Liability and Warranties” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Explore Interactive will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
Explore Interactive’s responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Explore Interactive changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending Us written notice within 30 days of the date such change became effective. By rejecting any change, You represent that You will arbitrate any Dispute between You and Explore Interactive in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
Please contact us at 1281 Win Hentschel Blvd., West Lafayette, IN 47906 or at www.explorearplay.com/contact if you have any questions about our Terms and Conditions.