SK - License

License Agreement

Introduction to the Terms of Use and Privacy Policy

Thank you for your interest in Speech Kingdom^®. Before You begin to use the Speech Kingdom software or mobile application ("App"), please review these terms of use ("Terms").

Speech Kingdom, LLC ("Speech Kingdom," "We," or "Us") is a limited liability company formed under the laws of Delaware. Our mailing address is 3019 Wilshire Blvd, PO Box 159, Santa Monica CA, 90403. The Terms are a legally binding contract between Us and You or the organization that You are using the App on behalf of ("You"). You must be 18 years of age or older to perform the Supervising Adult (SA) functions within the App. If you are not 18 years of age or older, we ask that You do not proceed to download the App.

You are agreeing to the Terms by clicking on the "Agree and Accept" button or by using the App. These Terms apply to all versions of the App and any updates to the App we provide.
Medical Treatment and Advice

The App includes various lessons, tools and games to help improve social communication abilities, speech delays and disorders, literacy and comprehension and other related issues, including issues arising from Autism Spectrum Disorders or "ASD." Every person is different, so We cannot promise that this App will help your child, students, clients, or others that You are using the App to assist (collectively "Students"). We encourage You to consult with licensed medical or therapeutic professionals, such as Pediatricians, Child Psychologists, Child Psychiatrists, Special Education Teachers, Speech Language Pathologists, Behavioral Therapists, Occupational Therapists and others familiar with assisting children with social communication issues, for best practices advice to determine if this App is appropriate for your Student or how to best use this App.

This App should not be considered a substitute in any way for appropriate medical interventions or therapeutic education needed by your Students. This App is designed to enhance current therapies and educational strategies and help You to track progress. We are not providing any medical or therapeutic advice by providing this App to You. By using this App, You agree not to hold Us liable for any negative consequences or changes in your Student's condition, behaviors, personality, aptitude, education or services offered, provided or reimbursed by schools or insurance companies. You hereby agree to waive, relinquish and forever discharge Us from any and all such claims.
Privacy Policy

This section of the Terms covers our privacy policy and how we treat information that is stored within the App and other information that You provide to Us. It is part of the Terms and can be amended as described above. The information that You provide to us about the Students is very important to us and we encourage you to be familiar with the terms of this privacy policy.

We gather the following information through your use of the App:
- Personal information when You register with Us, or use the App. This information is typically limited to your email address, username, password, the general information about the Students such as their month and year of birth and any information You store on the App which resides on our servers.
- We may automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages You request.
- We use information for the following general purposes: products and services provision, identification and authentication, services improvement, support, contact, research, and anonymous reporting.
- FERPA Statement. The Family Educational Rights and Privacy Act ("FERPA") is a federal law that protects student information that is contained in educational records. The law applies to all schools that receive federal funds through the United States Department of Education. The Department of Education has identified certain entities as "school officials" who have "legitimate educational interests," including contractors, third-party service providers, or other vendors. Such "school officials" may have access to students' educational records if they are under the "direct control" of the school the students attend. The school or educational institution retains the ownership of all data and is ultimately responsible for its disclosure.
  We comply with FERPA in collecting and using personally identifiable information and educational records in the App. We will not disclose student data, including educational records or personally identifiable information, to any extent unless required by law or as described below. Speech Kingdom, LLC should be listed as a "school official with legitimate educational interests" in your school's annual FERPA notice.
Information We Use, Share, and Disclose
- We do not share personal information We learn about You from your use of the App, products and services with others except as described in the Terms.
- We may provide advertisers aggregated non-personal information such as the number of times one of their ads in the App was clicked.
- From time to time, We may sponsor a promotion, sweepstake or contest. You may be asked to provide personal information including your name, email address or address or to answer questions in order to participate. Unless otherwise indicated in the promotion's rules, this information will be used strictly for the purpose of notifying and arranging delivery of promotional items to the person selected.
- When You download or use the App, We collect user-submitted account information such as username and email address to identify users and send notifications related to the use of the App.
- When You store information in the App, You have the ability to post content which may include personally identifiable information about yourself or Students. While We will make every attempt to keep such information secure, we cannot assume liability in the event of a data breach or other unauthorized disclosure. As such, You acknowledge that any information You input into the App may be disclosed and that We are not liable for such a disclosure.
- We may share personally identifiable information about You and Students under the following circumstances:
Information for Users in Europe
If You reside in the European Union, You have the "right to be forgotten." This means that if You contact us as indicated below in these Terms, We will delete all of your nonpublic information that we have upon your request. Please contact us if You reside in the European Union and desire to enforce your "right to be forgotten."
Licenses
License to You. We are granting You a royalty bearing, limited, non-exclusive, non-sublicensable and non-transferable limited license to use the App for the number of Students set forth in the separate purchase agreement You have agreed to. This license specifically excludes the right to make copies of the App, distribute the App to others, or make any derivative works of the App. All ownership of the App remains with Us.

License to Us. All of the information that You input into the App including Student names, data, and all other information ("Your Content") remains your property and is owned by You. However, by using the App You are giving us a license to use, copy, modify, and created derivative works of Your Content. This allows us to use Your Content in advertising and to study the use of the App and improve the App as we see fit. This license is royalty free and specifically includes the right to share data about Students with others so long as We do not associate any information with Your Content to personally identify any specific Students with that content. Restrictions. The rights granted to You are listed above and no other rights or uses of the App are allowed. For instance, You may not copy any of the screens or interfaces and provide those copies to others or use Our App to help create a competing application or product. You may not reverse engineer the App and You expressly acknowledge that portions of the App are trade secrets that We own. As such, You may not make any copies of data or graphics that We have compiled that are in the App for any purpose whatsoever. Your use of the App must only be to assist and educate Students and You may not use the App in any manner that would result in You competing with Us directly or assisting any third party in competing with Us.
Registration & Cancellation

In order to use the App, You must first register with Us by providing your name, address, phone number, and e-mail address. We may also ask You certain details about your specific Students such as the month and year they were born so that we can improve the App and better serve You. You agree that all this information You provide at registration is correct and accurate. Further, if You elect to purchase anything from us, We will ask for your credit card or other payment process (such as PayPal® or Amazon DevPay®), and You agree that any information about your credit cards that You provide to us is accurate.

We reserve the right to terminate your access to the App at any time for any reason in our sole discretion. Should we exercise this right, your license to the App terminates and You agree to delete the App from your computers, tablets, and phones immediately. All licenses granted to Us by You specifically survive termination of this Agreement and your use of the App.
Content and Conduct Rules and Obligations

You understand that You are solely responsible for Your Content and You agree that You will not:

(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inappropriate, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racial, or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a Speech Kingdom^® service official, forum leader, other user, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) disguise the origin of any content transmitted through the App;

(e) upload, post or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post or otherwise transmit any material that contains 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;

(h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;

(i) intentionally or unintentionally violate any applicable local, state, national or international law;

(j) stalk, bully or otherwise harass another user and/or any third-party;

(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

(l) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or

(m) make any automated use of the system.
Fees

We may charge certain fees for the App or certain enhanced versions of the App. All fees are charged on per-user basis. Should any additional users gain access to the App (irrespective of whether such access was granted by You,) You agree to pay for such users Access within five (5) days of discovering it or receiving a demand from Us for such payment. Failure to timely pay these fees for any reason, including invalid credit card information, expired credit card information, or any credit card or payment system that will not accept payment will result in termination of your use of the App without notice to You. Further, You agree that You will provide us with updated credit card or other payment information upon our request so that we can provide uninterrupted access to the Service if fees are charged on an ongoing basis. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties. We do offer the App to schools, school districts and other large institutions. Please contact Speech Kingdom, LLC for pricing for these institutional users.
Copyright and Notices of Infringement

We respect the intellectual property rights of others and We prohibit users from uploading, posting or otherwise transmitting on the App any materials that violate another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement as described herein, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to our designated agent identified below.

If You believe that your own copyrighted work is accessible on the our website or Service in violation of your copyrights, You may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material.
2. Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes your copyright described in Item 1 above.
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
4. Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.
6. Include your name, mailing address, telephone number and email address.
You may send your Notification of Alleged Copyright Infringement to our designated agent as set forth below:
- By U.S. mail: Speech Kingdom, LLC 3019 Wilshire Blvd, PO Box 159 Santa Monica, CA 90403
- By telephone: Phone: (424) 272-1775
- By e-mail: david.kalmick@speechkingdom.com
The App is subject to copyright protection and various other intellectual property rights. We also own or have the rights to use various trademarks including, but not limited to: SPEECH KINGDOM^®, the SPEECH KINGDOM logo, and castle icon. You agree to not use these trademarks or any mark which is confusingly similar to these trademarks provide any goods or services. Further, should You use these trademarks to describe our services, You must use them as shown above or on the App and properly denote them as trademarks with a ^® or ^© symbol and indication that the trademarks are owned by Speech Kingdom, LLC.
DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP, INCLUDING AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

WHILE WE BELIEVE THAT THE APP IS AN EFFECTIVE TOOL FOR WORKING WITH CHILDREN AND OTHERS WITH AUTISM AND OTHER DISORDERS, WE DO NOT GUARANTEE THAT OUR APP WILL HAVE ANY POSITIVE EFFECTS FOR STUDENTS YOU WORK WITH.

WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APP. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION, OR REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT SPEECH KINGDOM, LLC. SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO SPEECH KINGDOM, LLC IN THE PRIOR YEAR TO WHEN THE EVENT THAT LEAD TO THE CLAIM OCCURRED.
EXCLUSIONS AND LIMITATIONS

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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
GOVERNING LAW; VENUE AND JURISDICTION

By visiting or using the Site and/or the Service, You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Speech Kingdom, LLC or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Los Angeles, California, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in Los Angeles, California.
ARBITRATION

YOU AND SPEECH KINGDOM, LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE APP IN ANY SPECIFIC TERMS APPLICABLE TO THOSE APP, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, except that:

(a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or You have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and

(b) no disputes or claims relating to any transactions You enter into with a third party may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Los Angeles, California. If such costs are determined to be excessive in a consumer dispute, You will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. FURTHER, ALL ARBITRATIONS MUST BE CONDUCTED IN ACCORDANCE WITH APPLICABLE LAW AND THE ARBITRATOR SHALL FOLLOW THE LAW AND LEGAL PRECEDENT.

In no event shall any claim, action or proceeding by You related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT SPEECH KINGDOM, LLC SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO SPEECH KINGDOM, LLC.
GENERAL
We can send You notices through email, regular mail or our internal notification mechanism. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Service. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between You and Us and govern your use of the App, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms). We can amend these Terms by posting amendments to our website in which case the amendments are effective on the date they are posted or that they are noted in the amendments to be effective. We can also amend these terms by a signed amendment between You and Us. You also may be subject to additional Terms and conditions that may apply when You use other services or mobile applications provided by Us, third-party content or third party software. If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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