As always, Sheppard Software does its best to provide a safe website with working, fun educational content, and to do its best to communicate and listen to our audience. However, for our protection, here is a more official terms of service:
Terms of Service:
Becoming a subscriber requires you to register an account in order to gain access to our website ad-free. You agree to provide the accurate and current information requested during registration and to promptly update your information as necessary to keep it accurate and complete at all times. To subscribe to our websites, you must be 18 years of age or older or have your parents subscribe for you.
You agree to keep confidential all personal identifiers resulting from registering with our websites (such as passwords and user names) and to be held responsible for all activities under your account. Further, you agree to notify us of any unauthorized use of your password or account. You acknowledge that our websites are restricted to subscribers who supply us with valid billing information.
If you subscribe, you agree to pay all subscription fees and all charges to your account, including applicable taxes, in accordance with the payment terms in effect at the time the fee or charge becomes payable or under applicable law. Currently our subscription fee is a one time fee that allows access for 1 year. You must renew in order to continue the subscription beyond the 1 year period. You may cancel within 2 weeks for a full refund.
1. ACCEPTANCE OF TERMS
Sheppard Software provides its ad-free subscription to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF SERVICE
Sheppard Software "No Ads" is offering an identical version of the current site (an educational game site), without ads. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that Sheppard Software assumes no responsibility for the timeliness, deletion, misdelivery or failure of games/materials or to store any user communications.
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.
3. CONTENT
The content offered through our websites is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Content are the property of Sheppard Software. The Content is licensed to you for use for the duration of your subscription to our websites, subject to the terms of this Agreement. Your right to use the Content is limited, personal, non-transferable, and non-exclusive. You may not copy, modify, rent, lease, or sublicense the Content, create derivative works based on the Content, or otherwise commercially exploit the Content. You may use your subscription on any computer, but you must use a valid subscriber account to access our websites.
In connection with the use of our websites, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, child protection, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. You acknowledge sole liability for violations of any such laws or of this Agreement and release Sheppard Software from any claims or liabilities with respect to the same.
Except as expressly provided, nothing herein or within our websites shall be construed as conferring any intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of this Agreement and the Terms of Use.
4. WARNINGS
We make no representation that our websites are free of viruses, worms or other malicious or rogue software (“Rogue Programming”). Any viewing of Content or other materials or any other use of our websites is at your own risk, and you are advised to take adequate precautions to minimize any loss to you caused by any Rogue Programming, including use of such measures as anti-virus programs and proper backup of files.
You are cautioned that any online communications may not be fully confidential and secure. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel at Sheppard Software may, in the course of their regular duties, have access to communications for technical or operational purposes. We may also disclose any communications to the extent permitted or required by law or when required in order to resolve disputes between you and us.
5. NO WARRANTIES; LIMITATIONS OF LIABILITY AND INDEMNITIES.
Our website and the content are provided on an "as is" basis, without warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. Neither Sheppard Software nor its employees, managers, owners, licensors or any of its members or affiliates warrant that any information is complete or accurate, that our websites will be uninterrupted or error free or that any information is free of rogue programming.
Under no circumstances, including negligence, shall Sheppard Software, its employees, managers, owners, licensors, members or affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use our websites, including without limitation use of or reliance on information available on our websites, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
You hereby release and waive any and all claims and/or liability against Sheppard Software, its employees, managers, owners, licensors, member and affiliates arising from or in connection with your use of our websites and/or the content. You also agree to defend, indemnify and hold harmless, Sheppard Software, its employees, managers, owners, licensors, member and affiliates from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use or misuseof our websites, unauthorized use of your account, passwords or user names, or your failure to abide by applicable law.
6. SUSPENSION OR TERMINATION OF SERVICE OR YOUR ACCOUNT.
You acknowledge and agree that we reserve the right, at any time, to modify or discontinue our websites, or any part of them, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
7. LICENSE AND SITE ACCESS
Sheppard Software grants you a limited license to access and make personal use of our websites and not to download (other than necessary for page viewing) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of our websites or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of our websites and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. Our websites or any portion of them may not be reproduced, distributed, duplicated, republished copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sheppard Software without express written consent. Any unauthorized use of our websites automatically terminates your permission or license to use our Site.
You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use our websites for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Sheppard Software attempts to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
8. SHEPPARD SOFTWARE INTELLECTUAL PROPERTY
Sheppard Software and Sheppard Software.com - all product, brand and company names and logos used on our websites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on our websites (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.
Sheppard Software trademarks, the Sheppard Software logo, and any other product or service name or slogan contained in our websites and the Content are trademarks, trade dress and service marks of Sheppard Software and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of Sheppard Software or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Sheppard Software" or any other name, trademark, service mark or product or service name of Sheppard Software without our prior written permission. In addition, the look and feel of our websites, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dresses of Sheppard Software and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in our websites are the property of their respective owners. Our reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation thereof.
All information and Content contained on, or made available over, our websites is owned by or licensed to Sheppard Software, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Sheppard Software reserves all rights to the Content.
This Agreement is subject to change from time to time, and your continued use of our websites is conditioned upon your acceptance of any modifications hereto.
You may email us at business@sheppardsoftware.com.
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