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Terms & Conditions

TERMS AND CONDITIONS FOR ALL RIVERDEEP WEB SITES

(Including Broderbund.com and Riverdeep.net) This Internet Web Site ("Web Site") is provided by Riverdeep Inc., A Limited Liability Company, and its affiliates (collectively "Riverdeep"). Your use of this Web Site and Riverdeep products ("Riverdeep Products") offered through this Web Site is subject to the following terms and conditions. If you do not agree to the terms stated below, please immediately log off this Web Site. By your continued access or use of the Web Site or Riverdeep Products offered through the Web Site, you agree to be legally bound by the terms and conditions set forth herein.

Use of This Web Site
Riverdeep maintains this Web Site for your personal entertainment, information, education, and communication. Please feel free to browse the Web Site. The Web Site and Riverdeep Products are subject to United States, as well as applicable international copyright law. The Web Site and Riverdeep Products are owned by Riverdeep Interactive Learning Limited, its affiliates, and licensors. Without Riverdeep's prior written permission, or as specifically provided herein, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Web Site, except that you may download one copy of the material in temporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. Any other copying, redistribution, publication, or retransmission of any portion of Web Site material or the Riverdeep Products is strictly prohibited without the express written permission of Riverdeep. You may not modify, decompile, disassemble, decrypt, extract or otherwise reverse engineer the Products, or create derivative works based upon all or part of the Product. No right, title, or interest to any trademarks or trade names of Riverdeep or its licensors is granted to you.

If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Web Site, please notify Riverdeep immediately at the following address: Riverdeep Inc., A Limited Liability Company, 100 Pine Street, Suite 1900, San Francisco, California 94111, Attention: Legal Department.

Use of Materials on This Web Site
Riverdeep may make certain content available on the Web Site, including but not limited to, characters, designs, text, photos, clip art, fonts, graphics, electronic greetings, sounds, video, templates and projects (the "Properties") are either owned by or used under license by Riverdeep and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited.  Certain Riverdeep trademarks noted herein are either registered trademarks or trademarks of Riverdeep Interactive Learning Limited.  All other trademarks are the property of their respective owners.  Riverdeep makes no proprietary claim of rights in the trademarks of others.  You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment projects, for educational purposes, for non-commercial communications or presentations, and other similar uses. For example, subject to the restrictions described below, you may use the Properties to create posters, stationery, greeting cards, signs, invitations, calendars, reports, catalogs, brochures, and newsletters.

All rights in derivative works created by the use of a Property shall vest exclusively in Riverdeep or its licensors. The following notice must accompany each authorized use of a Property: "© [YEAR] Riverdeep Interactive Learning Limited, and its licensors. All rights reserved."

No other use of any characters, designs, text, photos, clip art, fonts, graphics, electronic greetings, templates and projects contained on any other Riverdeep Web Site is permitted.

YOU ARE NOT PERMITTED TO:

  • Use any Properties containing trademarks or logos of any third party in any print or electronic media of an editorial, commercial, promotional, or corporate nature;
  • Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections;
  • Sell any item on which any Property is copied or otherwise printed;
  • Use any of the Properties as a logo, trademark or similar designation of your business;
  • Use any individual's or entity's name, likeness, and/or image in any manner that suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person;
  • Use any Property in or to create any immoral, obscene or scandalous works; or Except as otherwise provided by the functionality of the Web Site, use any Property in electronic format, including online use, and multimedia applications unless all of the following conditions are met:
    • The Properties are incorporated for viewing purposes only;
    • The Properties do not comprise a significant portion of the content of the proposed use;
    • A notice is included specifying that the Properties may not be saved or downloaded and are only to be used for viewing purposes; and
    • The Properties are embedded at no higher than a base resolution of 512x768.

Your Communications To and Through the Web Site
Riverdeep likes to hear from you. However, in your communications with Riverdeep, please keep in mind that Riverdeep does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Riverdeep any creative or original materials such as ideas for software products, web sites, toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Any communication or material you transmit to or through the Web Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Furthermore, Riverdeep shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Riverdeep reserves the right, but shall have no obligation, to monitor communications or materials you transmit to, through or post on the Web Site, and reserves the right to suspend, delete or withhold any communications or materials and to terminate your access to and use of this Web Site, at any time and for any reason (including for violation of these Terms and Conditions or for any unlawful or improper conduct.) By using this Web Site, you consent to Riverdeep's access of your account and other records for, among other purposes, maintenance, or the investigation of complaints or allegations of misuse or misconduct. You further agree that Riverdeep need not provide any notice to you, either before or after such access, except as required by law. Except as stated in Riverdeep's Privacy Policy, anything you transmit or post may be used by Riverdeep or licensed to others by Riverdeep for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. By using the Web Site, including by posting or uploading any materials or communications to chat rooms, communities, bulletin boards, the Photo Album database, by sending Photo Album invitations, or by creating and posting any electronic greeting card ("EGC") or sending e-mail notification of an EGC, you agree not to use unlawful, immoral, scandalous or obscene names, graphics, images, photos, or language. You further agree that in creating and posting EGCs and sending electronic mail (email) notifications and invitations from or through the web site, you shall only use valid personal names and email addresses and that you will send email notifications and invitations only to people or entities with whom you are personally acquainted and who have all necessary rights to receive the notifications and to access the EGC. You further agree that you will not use any of the services or functions provided by the Web Site to "spam" or otherwise send multiple, unwanted email notifications or invitations to any person, and that you will use the Web Site in a responsible manner.

Content Storage
All online storage services provided on this Web Site for end user content ("End User Content") may be changed, modified or discontinued at any time for any reason without notice at Riverdeep's sole discretion.  For products that are distributed by Riverdeep via download or "unlock", the ability to retrieve such downloads or unlocks may not extend beyond 90 days from the original download or unlock of such products. Riverdeep strongly recommends that you back up all software and data at the time of purchase. For additional restrictions and information relating to online storage services, please refer to the FAQ posted on the Web Site.

Disclaimer and Limited Liability
This Web Site, including materials accessed from or through it, including the Riverdeep Products may include technical inaccuracies or other errors. Your use and browsing of the Web Site and the Riverdeep Products are at your risk. Neither Riverdeep nor any other party involved in creating, producing, or delivering the Web Site or the Riverdeep Products shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site or Riverdeep Products. Riverdeep does not warrant that the functional aspects of the Web Site or Riverdeep Products will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. Riverdeep neither warrants nor represents that your use of materials displayed on the Web Site or the Riverdeep Products will not infringe rights of third parties not owned by or affiliated with Riverdeep. Riverdeep may make available to you certain data storage capacity (such as for Photo Albums); Riverdeep makes no representation or warranty as to, and may modify, with or without notice, at any time and for any reason, the quality or quantity of storage made available and shall have no liability for any loss of, destruction or damage to any data that you attempt to transmit, upload, or that you or any other person attempts to access or download from Riverdeep's data storage facility. All such data transfer and storage shall be at your own risk, and you shall be solely responsible for all loss or damage to your data. You also understand that Riverdeep cannot and does not guarantee or warrant that the Riverdeep Products or the Web Site, files or software of any kind, or from any source, available for downloading through the Web Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of lost data. You understand that, except for information, products, or services clearly identified as being supplied by Riverdeep, Riverdeep does not operate, control or endorse any information, products, or services on the Web Site in any way. Except for Riverdeep identified information, products or services, any other information, products and services offered on the Web Site are offered by third parties that are not affiliated with Riverdeep. Riverdeep may allow you to link from the Web Site to third party sites from which you may purchase goods or and services. Any transaction you enter with such a third party shall be between you and that third party; Riverdeep shall have no liability for any transaction you enter with a third party accessed through the Web Site. Riverdeep makes no representations or warranties regarding the creation or content of EGCs you post or the delivery of EGC notification emails sent via the Web Site, including the accuracy of sender identity or recipient notification. Without limiting the foregoing, everything on the Web Site and the Riverdeep Products are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Riverdeep reserves the right to make changes to this Web Site or the Riverdeep Products at any time without notice. Riverdeep may cancel, change, modify, discontinue, terminate, or charge a fee at any time for any reason for the online services or products available in conjunction with this Web Site or the Riverdeep Products without notice at Riverdeep's sole discretion. IN NO EVENT WILL RIVERDEEP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR RIVERDEEP PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDERT ANY THEORY OF LIABILITY. IN NO EVENT WILL RIVERDEEP'S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE WEB SITE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN AND THE PRODUCTS; THESE AMENDMENTS WILL BE INCORPORATED INTO THE WEB SITE AND/OR THE PRODUCTS AND RIVERDEEP MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE WEB SITE AND THE PRODUCTS AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEB SITE AND/OR THE PRODUCTS. RIVERDEEP DOES NOT WARRANT THAT THE WEB SITE AND ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE OR THE PRODUCTS WILL BE CORRECTED. If you are dissatisfied with the Web Site or the Riverdeep Products or with any terms, conditions, rules, policies, guidelines or practices of using the Products or of Riverdeep in operating the Web Site, your sole remedy is to discontinue using the Web Site and the Products.

Links
Riverdeep has not reviewed all of the web sites linked to this Web Site and is not responsible for the content of any off-site pages or any other sites linked to this Web Site. The inclusion of any link to such sites does not imply endorsement by Riverdeep of the sites. Your linking to any other off-site pages or other sites is at your own risk.

 

Prices/Terms

Riverdeep reserves the right to discontinue or replace products at any time. Lab Packs, Network Versions, and Site Licenses must remain within a single site. Payment terms are Net 30 days from invoice date and must be included on purchase orders. Sales tax will be added in accordance with the state and local guidelines unless a valid tax exemption certificate is provided. Freight terms are FOB Destination Prepay and Add and must be included on purchase orders. Standard ground service applies. Allow 5-7 business days for shipping. Applicable shipping and handling charges will apply. Domestic orders may be placed by pre-paying with a check, money order or credit card. International orders may be placed by pre-paying with a check if drawn on a U.S. bank in U.S. funds, wire transfer, or credit card. Standard payment terms do not apply for pre-paid orders.

 

Fax purchase orders to 800.567.2714 or 800.567.2752 or mail signed purchase orders to:

Riverdeep, Inc. LLC

Attn: Order Management

222 3rd Ave. SE, 4th Floor

Cedar Rapids, IA 52401

 

Remit payment to:

Riverdeep, Inc. LLC

P.O. Box 32707

Hartford, CT 06150-2706

 

General Provisions
Riverdeep may revise these Terms & Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. You agree to periodically review this Agreement and be bound by any such future modifications. Riverdeep controls and operates this Web Site from its offices in Novato and San Francisco, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws. Riverdeep products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim, cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law provisions. Any legal action arising from your use of this Web Site shall take place in a court located in San Francisco, California. By your use of this Web Site you consent to the personal jurisdiction of such courts.