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Terms of Use
Mi Primer Inglés by Languages4kidz Terms of Use
Mi Primer Inglés website is operated by Languages4kidz and we refer to ourselves as “we”, “us” or “our”. We own and operate Mi Primer Inglés website on our own behalf.
Your acceptance to the Terms of Use
This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Use”) on which you may make use of Mi Primer Inglés Website and its Materials and Resources. Please read these Terms of Use carefully before you use the Website, buy, download, or use Mi Primer Inglés Materials and Resources. By using the Website, buying, downloading or using Mi Primer Inglés Materials and Resources, you indicate that you accept these Terms of Use and that you agree to abide by them. Your use of the Website, purchase, download, or use of Mi Primer Inglés Materials and Resources constitutes your acceptance of these Terms of Use which takes effect on the date on which you purchase, download, or use Mi Primer Inglés Materials and Resources. If you do not agree with these Terms of Use, you should cease using the Website, purchasing, downloading, or using Mi Primer Inglés Materials and Resources immediately.
We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the www.myfirstspanish.com Website. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms of Use.
To purchase, download or use Mi Primer Inglés Materials and Resources you must be 18 years of age or over. If you are under 18 and you wish to purchase, download, or use Mi Primer Inglés Materials and Resources, you must get consent from your parent or guardian before doing so.
Use of Content
Except as we specifically agree in writing, no Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way, except that where the Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer or mobile device for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any non-Languages4kidz products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Content is prohibited. We grant you a limited, non-exclusive, non-transferable, license to access the Content as a user. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
Educators and education institutions approved and licensed by Languages4kidz are allowed to use Languages4kidz’ Services, and any Content accessed through our Services, for use in connection with your education activities, classes and events. We grant you a limited, non-exclusive, non-transferable, license to access the Services as a user. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
Intellectual Property and Rights
Mi Primer Inglés Materials and Resources, including all custom graphics, logos, text, visual displays, exercises and other elements contained therein, are protected by U.S. and foreign copyright laws. All copyrights and ownership rights in and to Mi Primer Inglés Materials and Resources are the property of Languages4kidz. Any unauthorized use of Mi Primer Inglés Materials and Resources may violate copyright and other applicable laws and could result in criminal or civil penalties. If you print off, copy or download any part of the Website or Mi Primer Inglés Materials and Resources in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Geographic Location Restrictions
Languages4kidz uses your IP address to determine your geographic location. The availability of our Services may be subject to your geographic location, Internet connection, applicable state or national laws, location-specific Content and the devices you use to access our Services. While Languages4kidz strives to provide you with fast and reliable experience, there are some instances where your device or Internet connection may cause our Services to be slow or where your geographic location can restrict you from viewing some Content. Languages4kidz will not be responsible for issues in quality or outages. You are responsible for all Internet or mobile data access charges. Please check with your Internet and/or mobile service provider for information on possible Internet data usage charges.
We operate this Website from the United States of America and it is possible that some downloads from the Website could be subject to government export controls or other restrictions. If you download anything from or use Mi Primer Inglés Materials and Resources, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using the Website from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Website from or in locations outside of the United States, you do so on your own initiative and are responsible for:
Your Promises to Languages4kidz
Copy Restrictions – Languages4kidz respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, unless you obtain express written consent from Languages4kidz, you are NOT ALLOWED to:
decompile, disassemble, or electronically transfer our Services and Products to third parties; modify our Services and Products in any way; reverse engineer, or permit others to reverse engineer, our Services and Products; copy the help features, user forums and other documentation associated with our Services and Products; rent, lend, publicly perform, present, broadcast or distribute our Services and Products; make derivative works of our Services and Products; translate our Services and Products into another computer language; use our Services and Products on a device that you do not own or control; permit multiple users to share a single username to our Services and Products; or copy, modify, transfer, or use our Services and Products in a way that is not specifically mentioned by us in this Statement.
Trade Marks
“Mi Primer Inglés” is a registered trademark of Languages4kidz in the United States and other countries. The “Mi Primer Inglés” name and logos and all related names, design marks and slogans are the trademarks or service marks of Languages4kidz.
Information About You & Your Use of the Website
We process information about you in accordance with our Privacy Policy, which is available on our website at www.miprimeringlescom . By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
Harmful or Illegal Use
By using the Website, its Services and Products, you agree to respect Languages4kidz and fellow users. To the extent permitted by applicable law, you are NOT ALLOWED to use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:
You agree not to access without authority, interfere with, damage or disrupt:
Submissions
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or for generally marketing (by any means and in any media, including, but not limited to, our social media channels or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
You assume sole responsibility for results obtained from the use of the Website, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Website, or any actions taken by us at your direction.
You agree to comply at all times with any instructions for use of the Website which we make from time to time.
Account Security
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. It is your responsibility, and not Languages4kidz’, to monitor the accuracy and security of your user account. Every user account is protected by a username and password. To reset your password, email info@languages4kidz.com or click on a “forgot password” link. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
External Websites
iTunes, Google Play and Amazon Stores may collect certain information in connection with your purchase of some of Languages4kidz Products, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. Further, the Stores may contain links to third-party websites or use third-party sites for operations of our business (e.g. Apple Books and Amazon). We have no control over the privacy practices or the content of these websites and advise users to check the applicable third-party privacy policy and terms of use when visiting any other websites.
We have no control over and accept no responsibility for the content of any website or mobile applications to which a link from the Website exists. Such linked websites or mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third-party website or mobile application to which the Website provides a link. The terms and conditions, terms of use and privacy policies of those third-party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
Internet and Other Issues
The Mi Primer Inglés Website services may be subject to limitations, delays, and other problems that are associated with the use of the internet and electronic communications. Languages4kidz is not responsible for any delays, delivery failures, or other damage resulting from these problems.
We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your purchases, downloads, access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
We may change or update the Website and anything described in it without notice to you. If the need arises, we may suspend access to the Website, or close it indefinitely.
Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user or on any other mobile device.
We make no representation or warranty, express or implied, that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OF OUR PRODUCTS OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY OF OUR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITE AND ITS SERVICES OR CHANGE THE WEBSITE’S CONTENT AND SERVICES OR DELETE CONTENT, SERVICES, FEATURES OR PRODUCTS IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN This Statement APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LANGUAGES4KIDZ , ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE LANGUAGES4KIDZ SERVICES AND PRODUCTS, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER LANGUAGES4KIDZ HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO KINDERMUSIK SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO LANGUAGES4KIDZ DURING THE PRIOR THREE MONTHS IN QUESTION.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services and Products is to request that your user profile be deleted and to stop using the Services.
Disclaimers
THE CONTENT, SERVICES AND PRODUCTS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND ITS CONTENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
WE HAVE NO DUTY TO UPDATE OR MODIFY THE WEBSITE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE WEBSITE AND ITS CONTENT, THE USE OF THE WEBSITE OR OUR AGREEMENT WITH YOU CONCERNING THE WEBSITE AND THE USE OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
Your Representations and Warranties
You represent and warrant that (a) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold Languages4kidz and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Website and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Severability
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Exclusion
Except as expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
Miscellaneous
These Terms of Use (and our Privacy Policy, our Website Terms of Use, our Website Terms and Conditions, any other document referred to in these Terms of Use and any other terms and conditions specifically agreed between you and us in writing) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms of Use except as expressly stated in these Terms of Use. Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms of Use) and that party’s only remedies shall be for breach of contract as provided in these Terms and Conditions.
These Terms of Use may only be modified by a written amendment signed by an authorized executive of the Company or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website and Mi Primer Inglés Materials and Resources will be governed by the laws of the state of Texas, excluding its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the federal and state courts sitting in the State of Texas. All dealings, correspondence and contacts between us shall be made or conducted in the English language. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party; We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Termination
If we suspect that you are violating any of the conditions described in this Statement, or if you are found to be using our Services and/or Products improperly, we reserve the power to terminate your account without notice and without compensating you.
These Terms of Use were most recently updated on October 1, 2021.
Contact Us
If you have any questions or concerns regarding this Terms of Use, please send us an email at info@languages4kidz.com