TurtleDiary LLC (hereafter called "Turtlediary") provides its service to you, subject to the following Terms of Service ("TOS") for www.TurtleDiary.com (the "Website"), which may be updated by us from time to time without notice to you. When using particular Turtlediary services, you and Turtlediary shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Turtlediary currently provides users with a service to help learn and practice mathematics, language, science and puzzles (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Turtlediary properties, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that Turtlediary assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
You agree that:
You agree not to use or attempt to use the Website for any purpose that:
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Turtlediary has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Turtlediary has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You can find the specific details regarding your membership with Turtlediary at any time. Simply sign in to your Turtlediary parent account, go to the Membership tab, and click Enter in the Account management box.a. Billing
By starting your Turtlediary membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the type of membership (monthly or yearly) you chose during registration. You agree that we are authorized to charge you the membership fee at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. Sign in to your Turtlediary parent account, go to the Membership tab, and click Enter in the Account management box to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account management page. To access your Account management page sign in to your Turtlediary parent account, go to the Membership tab, and click Enter in the Account management box. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.b. Ongoing Membership
Your Turtlediary membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.c. Holds
You may place a monthly membership on hold at any time, and the hold will take effect at the start of your next billing cycle. When the hold period has ended, your membership will resume and we will automatically bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
You may cancel a hold status at any time by clicking the words "Remove hold" on your Account management page. When you cancel a hold period, your membership will resume immediately and we will automatically bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).d. Cancellation
You may cancel your Turtlediary membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your parent account and click the words "Cancel membership" on your Account management page. Follow the instructions for cancellation under the heading "Cancel Membership."
Certain areas or features of this Site are restricted to users who have obtained a user identification and password by completing the registration process described on this Website. You will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Turtlediary of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised. Turtlediary cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
Turtlediary accounts may not be shared by more than one person unless express authorization is given by Turtlediary LLC.
You understand that all information including but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Turtlediary, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Turtlediary does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Turtlediary be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand and acknowledge that Turtlediary controls and operates this Website from within the United States of America. We make no representation that the services or products about which information may be provided on this Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable federal, state and/or local laws regarding your access and use of the Website and the transmission of technical data exported from the United States or the country in which you reside.
If you make any unauthorized use of this Website or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Turtlediary and/or its Website. You agree to indemnify and hold Turtlediary, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Turtlediary reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Turtlediary shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
You agree that Turtlediary, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Turtlediary believes that you have violated or acted inconsistently with the TOS. Turtlediary may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that Turtlediary may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Turtlediary shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Turtlediary has no control over such sites and resources, you acknowledge and agree that Turtlediary is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Turtlediary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Turtlediary is a registered trademark of Turtlediary LLC. The marks appearing on the Turtlediary Website or any affiliated Website, including, but not limited to, Turtlediary’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of Turtlediary (the “Marks”). You agree not to use or otherwise appropriate any of Turtlediary's Marks appearing on or in association with the Website or any affiliated website. You will further indemnify Turtlediary against any loss or damage accruing to it as a result of your unauthorized use of the Turtlediary Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on Turtlediary are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with Turtlediary, and you assume any and all liability associated with any unauthorized use. You will further indemnify Turtlediary against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You acknowledge and agree that the Service and any necessary software, all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of the Turtlediary Website and/or used in connection with the Service ("Website Content") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and common law principles of trade secret and trade dress in the United States and abroad. Except as expressly authorized by Turtlediary or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Website Content, in whole or in part.
Turtlediary grants you a personal, non-transferable and non-exclusive right and license to use the Service. All rights associated with the Website Content are owned by Turtlediary, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You agree that you will not copy, reproduce, modify, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, distribute or otherwise transfer any right in the Website Content. You agree not to modify the Website Content in any manner or form, or to use modified versions of the Website Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Turtlediary for use in accessing the Service.
You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from Turtlediary, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from Turtlediary, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from Turtlediary:
Furthermore, you understand that the Content is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this agreement, it is expressly forbidden to distribute the Content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity who does not have a valid account. Turtlediary reserves the right to cancel your organization's license without refund if it is determined that you have violated this portion of the agreement.
Turtlediary is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on Turtlediary infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on Turtlediary infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
Attn: DMCA Manager
4000 HOLLYWOOD BLVD STE 555-S
Hollywood, Florida 33021
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TURTLEDIARY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TURTLEDIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (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.
You further agree that Turtlediary is not responsible for the acts or omissions of any third parties and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or the Service or otherwise. In the event that you have a problem or issue with a third party or incur damage as a result of third party action or inaction for any reason, you must contact the third party directly to resolve such issue. In the event that your personal data is misused by any third party, Turtlediary shall bear no responsibility for such unauthorized dissemination.
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 16 AND 17 MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL TURTLEDIARY'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS WEBSITE.
Time Sensitive Instructions: When communicating with us through this Website, instant messenger chat or via e-mail, do not use the Website, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Website, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Website, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Website, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Turtlediary's policy and outside the scope of our employee’s employment. Turtlediary does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to email@example.com. The use of Turtlediary's e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: Turtlediary disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and Turtlediary makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Turtlediary, you may opt-out by sending an e-mail to firstname.lastname@example.org.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. Turtlediary is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If Turtlediary forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than Turtlediary or our Team Members for which Turtlediary assumes no liability whatsoever. TURTLEDIARY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with Turtlediary’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
You agree and acknowledge that we may revise or change these Terms of Service at any time, without notice to you, and you agree that you will be bound by the provisions of these TOS as they appear on this Website at the time you access the Website. Continued use of the Website constitutes your agreement to the then-current TOS. Because these Terms of Service may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Services, and materials on or available through this Website are subject to updating and revision without notice to you. These Terms and Conditions were last revised on March 20th, 2013.
The section titles in the TOS are for convenience only and have no legal or contractual effect.