Acceptance of Terms
- Honesty: Please provide accurate information about yourself when filling out information, including shipping and payment information, and when interacting or engaging with our content.
- Trademark Policy: the name “Sprinkle in Learning,” “PlayPods by Sprinkle in Learning” and “PlayPods” are trademarks, service marks or trade dress of the Company in the US. If you would like to use our trademarks for any purpose, please contact us first.
- Sharing Your Ideas: we are always excited to hear from our fans, customers, and followers—whether it be feedback about our products our ideas of how we can improve. Please remember that any unsolicited ideas or materials you submit to us are non-confidential and not proprietary in any way, and that you grant us non-exclusive, worldwide, royalty-free, irrevocable, fully paid up, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without having to pay you for them.
- Inappropriate Material: Please do not post or transmit any material that is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane or that could be said to encourage the same.
- Age Requirement: you must be 18 years old to use our Services, or be 13 years or older and have your parent’s or guardian’s consent to these Terms. If you are a parent or legal guardian entering into these Terms for the benefit of your child or child in your legal care, you fully accept responsibility for that child’s use of our Services.
Sometimes our Services allow for you to engage with Sprinkle in Learning, and so it is important to understand to understand your rights with respect to our content and to any content you contribute, including feedback on our products, etc.
By posting or sharing any content with us, you represent that you have all of the necessary rights to your content and that you are not violating or infringing any third party’s rights by posting it or otherwise sharing it with us. You also grant the Company a license to use your content. Specifically, by posting any content, you grant Sprinke in Learning, LLC a non-exclusive, worldwide, royalty-free, irrevocable, fully paid up, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. You also agree not to assert any moral rights or rights of publicity against the Company for using your content. You also recognize our legitimate interest in using your content, in accordance with the scope of this license, to the extent your content contains any personal information.
Our Services and Products (including our PlayPods)
We are thrilled to be able to offer our PlayPods By Sprinkle in Learning (“PlayPods”) for sale on our website. PlayPods are designed to be fun and engaging for children of the recommended ages. Please be mindful of the warning label that we attach to each PlayPod and keep your PlayPods (and the items inside) out of the reach of small children, since we do use some smaller pieces that could pose a choking hazard to our littlest littles. Please also make sure to only use PlayPods as intended—instructions for each PlayPod are provided within the product itself.
Descriptions of our Services (including the contents of our PlayPods) are provided for convenience purposes only and may not always be perfectly accurate, although we will continue to do our best to make our descriptions accurate and update them if/when they change. We have made all reasonable efforts to accurately describe our Services (including the contents of our PlayPods).
We do our best to ensure that the information on our website and generally about our Services is accurate. Despite our best efforts, that information may occasionally be inaccurate, incomplete or out of date. We therefore make no representation as to the completeness, accuracy or currentness of any information at any given time. For example, certain PlayPods advertised on our website may be unavailable, or may have slightly different attributes than those listed. Although we try our best to be accurate about the availability of products, we cannot always guarantee availability.
You consent to receive communications from us via email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements regarding the sufficiency of those communications (for example, that they be in writing).
We are pleased to offer a subscription-based model to those users who wish to receive PlayPods from us on a quarterly basis. By signing up for our subscription, you agree to be billed on a quarterly basis as per the terms on the payment screen associated with our subscription. At any time, you may follow the instructions provided for cancelling or modifying your subscription. Please just be aware that we will not refund any amounts already charged. Rather, the effect of cancelling your membership is that we will not charge you the next time your subscription is up for renewal.
Warranties and Disclaimers
You understand that Sprinkle in Learning does not itself manufacture any of the products sold through our website. Rather, we carefully curate and collect bits and pieces of our PlayPods from manufacturers all over the world and assemble them here in the U.S., before shipping to you. You therefore release us from any claims related to items sold through our Services, including PlayPods, including for any defects, misrepresentations, or items that caused physical injury (like product liability claims).
Although we promise to always do our best to provide you with the highest quality Services (including our PlayPods), no one is perfect—including us—and things can sometimes go wrong. You understand that our Services are being provided to you “as is” and without any kind of express or implied warranty. We hereby expressly disclaim any warranty of title, merchantability, non-infringement, and fitness for a particular purpose or purposes, as well as any warranties implied by a course of dealing, course of performance, or usage of trade. Additionally, we do not guarantee that our Services will be secure or available at any particular time or location; that any defects or errors will be corrected; that the services will be free of viruses or other harmful materials; or that the results of using the Services will meet your expectations.
Intellectual Property Rights
All graphics, text, content, code and software used on or incorporated into this Site and/or any of our Services, and the arrangement or integration of all such text, content, graphics, code and software, are subject to copyrights held by or licensed to the Company and all rights thereto are specifically reserved. As between you and the Company, (or any other company whose marks appear on any of our Services), the Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise stated. The Company’s logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by the Company and may be registered in the United States and internationally. You agree not to display or use the Company’s Intellectual Property in any manner without the Company’s prior written permission. Nothing contained on this Site or in any of the Company’s Services should be construed to grant any license or right to use any of the Company’s Intellectual Property without our prior written consent.
Except as otherwise provided herein, use of the Company’s Services does not grant you a license to any materials, content or features you may access on this Site or via the Company’s Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Company’s Services is strictly prohibited, except as otherwise approved by us. If you make use of the Company’s Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Company’s Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright and/or trademark law.
Limitation of Liability
To the fullest extent permitted by law, neither Sprinkle in Learning, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or our Terms. In no event shall our aggregate liability for any damages exceed the greater of five hundred ($500) USD or the amount you paid to Sprinkle in Learning in the past two years.
Indemnification: If we get sued because of something you did, you agree to defend and indemnify us. You also agree to hold us harmless from any claim or demand (including attorneys’ fees) that arise from your use, misuse, or any actions relating to our Services, your breach of these Terms, or any claims relating to our PlayPods or other products or Services.
Sales and Use Taxes
As of now, we are not required to collect sales & use taxes in all 50 states. We do, however, reserve the right to collect sales and use taxes, as well as any tariffs and other surcharges, if we believe it to be required by law.
In order to purchase products from our Site, you must provide credit card information or other valid form of payment. By doing so, you represent and warrant to us that such payment information is accurate and that you are authorized to make the purchase.
Disputes with Us
We hope that we can resolve any disputes with you directly (for example, if you are unhappy with your PlayPods. However, if we cannot resolve your issue, these Terms (including the rules below) will govern your rights, including any legal dispute you have with us.
First, any dispute will be governed by the laws of the state of North Carolina, without regard to its conflicts of laws rules. These laws will apply regardless of where you live. You agree further that any dispute between you and us will be subject to mandatory and binding arbitration as administered by the American Arbitration Association. Any legal action (including arbitration) must take place in North Carolina, meaning that you submit to personal jurisdiction in North Carolina. By agreeing to these Terms, you waive any right to a trial by jury or to participate in any class action lawsuit relating to us or to our Services.
Changes or Modifications
Although we did our best to include everything we could think of in these Terms, it’s possible that we will need to change or modify these Terms as we grow, and as we continue to offer new and exciting Services. Any chances will be effective from the date they appear in these Terms. You are responsible for reviewing and becoming familiar with any changes. Your continued use of the Services following any change or modification to these Terms constitutes your acceptance of the updated Terms and your ascent to the changes or modifications.
These Terms constitute the entire Agreement between you and the Company and govern your use of our Services. They also supersede any prior agreement between you and the Company. You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of this Agreement or your use of our Services.
If you have any questions about these Terms, please email us at firstname.lastname@example.org.