1. Description of Product and Service
The Native Brain Product and Service provides Users with data-enabled learning applications and experiences, including mobile applications targeting a child’s core fundamental skills, enrichment classes, and tools for Users to chart, monitor and manage the progress of their children who use the Product.
2. Membership Terms
The Native Brain Product includes educational applications and other activities to be accessed and played on Users’ mobile devices. Users are responsible for all data and service charges from their mobile service providers. Users can download and use the Product through third party vendor application stores. Certain Product features may only be available to registered Users of the Native Brain Service, which includes additional tools and information relating to Native Brain’s learning applications and experiences.
Users can access the Service by registering through the Native Brain Site. Subscription fees for use of the Service may apply. Native Brain reserves the right to modify subscription fees and other charges at any time.
3. Rules, Responsibilities and Obligations
The Native Brain Product and Service is intended for use by children only with the supervision and consent of their legal guardian. Users agree to supervise use of the Product and/or Service by minors in their care as appropriate and as necessary.
Users agree to not use the Service and/or Product to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Native Brain official, guide or host, or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service and/or Product; (v) upload, post, email or otherwise transmit any content that User does 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); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email 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; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; or (x) interfere with or disrupt the Service and/or Product or servers or networks connected to the Service and/or Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or Product.
Native Brain shall have the right, but not the obligation, to monitor the content of the Native Brain Site and Service, including messages and statistics, to determine compliance with this Agreement and any operating rules established by Native Brain and to satisfy any law, regulation or authorized government request. Native Brain shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Native Brain website.
Native Brain reserves to right to discontinue membership of any User who fails to comply with these terms.
4. Release and Waiver of Rights
You release Native Brain and expressly waive any and all claims against Native Brain that may arise from your or your child’s use of the Service and/or Product. Specifically, without limitation, by uploading content within the Service and/or Product, you release Native Brain and expressly waive all claims against Native Brain arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use (or your child’s use) of the Service and/or Product.
5. Communications from Native Brain
6. Third-Party Sites
Any dealings with advertisers found on the Native Brain site are solely between the User and that advertiser. Native Brain shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on the website. Users agree to assume the sole risk in dealing with any of said advertisers.
7. Modifications and Interruption to Service or Product
Native Brain reserves the right to modify or discontinue the Service and/or Product with or without notice to a User. Native Brain shall not be liable to a User or any third party should Native Brain exercise its right to modify or discontinue the Service or Product at any time. Member acknowledges and accepts that Native Brain does not guarantee continuous, uninterrupted or secure access to the Service or Product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Disclaimer of Warranties
The Service and Product are provided by native brain on an `as is` and on an `as available` basis., native brain makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and Product in terms of its correctness, accuracy, reliability, or otherwise. native brain shall have no liability for any interruptions in the use of the Product or Service. To the fullest extent permitted by applicable law, native brain disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusions may be inapplicable to some users.
native brain does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User`s use of native brain Product or Service results in the need for servicing or replacing equipment or data, native brain is not responsible for those costs.
9. Limitation of Liability
NATIVE BRAIN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NATIVE BRAIN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NATIVE BRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Users hereby release and waive all claims against Native Brain with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
Users agree to indemnify and hold Native Brain, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of User`s use of the Service or Product, the violation of this Agreement, or infringement by a User, or other User of the Service or Product using a User’s Native Brain membership privilege, of any intellectual property or any other right of any person or entity.
11. Governing Jurisdiction of the Laws of Massachusetts
12. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service and/or Product in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national, or international law or regulation.
13. Native Brain Copyrights and Trademarks
All content included or available on this Site or within the Service or Product, including site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of Native Brain and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Service or Product, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Native Brain is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Product, Service, Site or any portion thereof.
NATIVE BRAIN, THE FUTURE IS LEARNING and the Native Brain Logo are trademarks of Native Brain. Native Brain’s trademarks may not be used in connection with any product or service that is not provided by Native Brain, unless such use is expressly authorized by Native Brain. Native Brain’s trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Native Brain.
All other trademarks displayed on the Site or that may appear within the Product are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Native Brain.
14. Other Terms
1. What Information We Collect
The information we collect on our Site and through the use of our Product generally falls into the following two categories: Personally Identifiable Information and Non-Personally Identifiable Information. If we do combine Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated as personal information for as long as it remains combined.
Personally Identifiable Information
Information refers to information that lets us know the specifics of who you
are. The Personally Identifiable Information we collect when you use our Site
may include your name, mailing address, phone number, e-mail address, login
name, passwords, etc. We request Personally Identifiable Information when you
register on the Site.
Non-Personally Identifiable Information
Non-Personally Identifiable Information refers to information that does not by itself identify a specific individual. The non-personally identifiable data we collect when you visit our Site may include the Uniform Resource Locator ("URL") of the Web site that you came from before visiting our Site, which pages you visit on our Site, which URL you go to next, which browser you used to come to our Site, your Internet Protocol ("IP") address, and any search terms entered on our Site. We also collect Non-Personally Identifiable Information in the form of statistics and information regarding the Product user’s game statistics, which may be combined with information you submit through the Service so that you can fully enjoy the benefits of Native Brain’s tracking, monitoring, and diagnostic tools.
Information You Provide for Your Children
You may choose to register and create an account for the Service through our Site. Registration is not required for use of the Product, but certain features may not be available to unregistered users of the Product. When you register for the Service through our Site, you may be asked to provide certain information regarding your children who use the Product’s educational games and activities; this information may include your child’s age and a username that you select for your child. Providing this information will allow you to take full advantage of the diagnostic and monitoring tools offered through the Service/Site. We do not collect Personally Identifiable Information directly from children and the information collected from use of the Product by children relates to game play (scores and statistics); your child will not be able to submit Personally Identifiable Information through the Product or the Service. However, if you choose to register through the Service, your child’s username may be visible to other users of the Product and/or Service; we encourage you to use caution in selecting a username for your child to ensure that the username you select does not include specific information (i.e., full name, location, etc.) that could be used to identify your child.
2. Why We Collect Information About You
Our primary goals in collecting information from and about you are to:
We may also use Non-Personally Identifiable Information on an aggregated and anonymous basis to analyze customer behavior and to help us understand how visitors use our Site and to measure interest in the various pages. We use this information to gather statistical information, improve the content of our Site, to make our Site easier to use, and to customize our advertising.
We may also use information relating to use of the Site and the Product on an anonymous and aggregate basis for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions; when your information or your child’s information is used for such purposes it will be used anonymously and will not be tied to your Personally Identifiable Information.
We may use Personally Identifiable Information to communicate with you about the Site, the Service and/or the Product, to provide you with marketing and promotional information that we believe may be of interest to you, and for billing and customer service purposes.
3. How We Collect Information
We collect Personally Identifiable Information only when you provide it to us. Native Brain does not solicit or collect personal information from children and use of the Product and Service by children results only in the collection/transmission of Non-Personally Identifiable Information to Native Brain, such as game play scores and statistics. If you do not wish for your Personally Identifiable Information to be used or collected, please do not submit it to us. There may be times, such as when a User registers through the Site and/or Product and/or signs up for any other product or service we may offer through the Site or the Product, at which we will ask you to provide certain information about yourself, such as your name, street address, telephone number, e-mail address, title, etc. Whether or not you choose to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to use certain services, offers, and content on our Site, or that may be available by using the Product.
Our web servers may automatically collect Non-Personally Identifiable Information, including the web page from which a visitor enters our Site, which pages a visitor visits on our Site, and on some Sites, how much time a visitor spends on each page. We aggregate this information and use it to evaluate and improve our Site, Service and Product.
Native Brain does not solicit or collect personal information from children and use of the Product and Service by children results only in the collection/transmission of Non-Personally Identifiable Information to Native Brain, such as game play scores and statistics. You may choose to submit certain details relating to your children, including age, and you may choose to create a username for your child to enjoy full use of all features available through the Site and the Product.
4. How We Use Information About You
Our primary use of your information is to provide you with services through the Site, the Service and the Product. Your information may be shared with other Users of the Product or Site with whom you choose to share information (for example, a teacher, tutor or other educator). If you choose to create an account and username on the Site for your child, your child’s username and certain game scores or statistics may also be shared with other users of the Product (for example, a Product user’s username and high score for an activity or reward badge may be shared with other users on a display that is visible to other Product users). You can update your preferences regarding the sharing of your information at any time by accessing your Profile on the Site.
We may use Non-Personally Identifiable Information (for example, statistics regarding game play and educational tasks) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and publishers, on an aggregate and anonymous basis.
We may also use the information you provide for customer support and to respond to your requests in a timely fashion.
5. How We Protect Your Information
We use reasonable technological and physical safeguards to protect Personally Identifiable Information you provide to us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible.
We urge you to keep any password for use of the Service and/or Site in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to the Site.
6. How to Correct or Remove Personal Information
If you do not want your Personally Identifiable Information collected or stored, please do not submit it to us. If you have already submitted personal information and would like us to correct or remove your information from our records, please contact Jeff Durso (firstname.lastname@example.org)
7. Children’s Online Privacy and Protection Act
Native Brain does not knowingly collect personal information from children under the age of 13. Any information collected from use of the Product by children is strictly anonymous and any data we do collect is aggregated and anonymized. Any personal information submitted through the Site or the Service is collected from Users (parents or guardians) over the age of 18. By using the Site or the Service, you represent that you are over the age of 18, that you are the parent or legal guardian of any child for whom you may submit information, that you consent to the collection and use of your (or your child’s) information by Native Brain consistent with this Policy, and that you consent to your child’s use of the Product.
8. Disclosures to Third Parties
We may share your information with third parties as follows:
9. Links to Third Party Sites
10. Policy Changes
To improve the services it can offer you, Native Brain may opt to expand its capabilities for obtaining information about users in the future. Native Brain will update this privacy statement continually to ensure that you are aware of developments in this area. We will post those changes here so that you will always know what information we collect online on through our Product, how we use it, and what choices you have. Please be sure to check this page before proceeding to use our Site or using the Product.
11. Questions or Feedback
Last modified: August 21, 2012.