IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THE "CAN DO" Street WEBSITE (THE "SITE") OR REGISTERING FOR USE OF THE SITE: These Terms of Use are A LEGAL AGREEMENT between you (an individual) and the Campbell Development Group, LLC of the State of New York ( "Can Do" Street) for the use of the Site for education and entertainment, which includes computer software and including all information content and materials contained on the Site, (the "Materials") (collectively, the "Can Do Services"). By using the Site you warrant that you have legal capacity to enter into this agreement.
"Can Do" Street reserves the right to update, modify or change portions of these Terms of Use at any time. Please continue to check these Terms of Use on the Site for changes. It is understood that by continuing to play as a member or user of the Site following the posting of changes to these Terms of Use, you accept these changes. In the event of termination of use, membership or service, these Terms of Use as modified will remain in effect and enforced.
1 - ACCEPTANCE
1.1 ACCEPTANCE - The Site is offered for your own personal use on the condition that you accept these Terms of Use. BY CLICKING THE "I ACCEPT" BUTTON BELOW, REGISTERING FOR USE OF THE CAN DO SERVICES, OR BY DOWNLOADING, COPYING, ACCESSING, OR OTHERWISE USING THE CAN DO SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE, COPY OR INSTALL THE SITE OR THE MATERIALS.
1.2 Consideration - You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site, the Can Do Services and receipt of data, materials and information available at or through the Site.
2.1 To access and use the Site or some of the information, content and materials available thereon, you may be required to register for a subscription with the Site. By registering for use of the Site, you certify that the information you provide on the registration form is accurate and pertains only to you.
2.2 You are responsible for maintaining the confidentiality of your password. Your password may not be shared with any other person.
2.3 You also agree to promptly notify "Can Do" Street at info@candostreet.com of any unauthorized use of your user name, password, other account information or any other breach of security that you become aware of involving or relating to the Site.
3 – RESTRICTIONS ON USE
3.1 You shall not: (1) take any action that imposes an unreasonable load on the Site's infrastructure, (2) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to adapt, modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, or (5) frame or link to any of the materials or information available from the Site.
3.2 You acknowledge that all intellectual property rights including, without limitation, copyright, trade marks, trade names, trade dress, logos, moral rights and all other forms or protection (whether or not registerable and including applications for registration) of a similar nature or having broadly equivalent effect anywhere in the world in the Site and Materials belong to the "Can Do" Street or its licensors or licensees and you agree that you shall have no rights or claim any rights in or to the Site and Materials other than the right to use them in accordance with the Terms of Use. No right, title or interest to any trade marks, service marks or trade names of "Can Do" Street is granted by these Terms of Use. "Can Do" Street hereby reserves its right in its sole discretion to delete, alter, or transfer any and all information, content, materials at any time without notice to you.
3.3 Except for the express, limited license granted herein, all right, title and interest in and title to the Site and Materials and all copies thereof is retained by "Can Do" Street.
3.4 You are authorized to access, use and copy information and materials available through the Can Do Service only for your personal use. The information and materials, including pages and content, may not be copied distributed, modified, published or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violations of this policy may result in infringement of intellectual property and contractual rights of "Can Do" Street or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
3.5 You may not:
(i) make or use any copies of the Materials except for personal use;
(ii) use the Site or Materials otherwise than in accordance with the express terms of these Terms of Use;
(iii) permit any third party to use or access the Site in any way without "Can Do" Street prior written consent; or
(iv) create derivative works in any way based upon all or part of the Site or Materials.
3.6 You will ensure that all proprietary rights notices on the Materials are reproduced and applied to any copies of the same.
4 – PAYMENT, ACCOUNTS AND PROMOTIONAL USE
4.1 In order to establish a subscription to the Site you (or your parent or legal guardian) are required to create a payment account ("Account"). The individual establishing such Account being referred to herein as the "Account Holder." We reserve the right, at any time and in our sole discretion, to charge additional fees for a subscription to the Site, to change the amount of, or basis for determining, any fees or charges for a subscription to the Site, and to institute new fees or charges effective upon prior notice to you via the email address provided by you or through any other method that is designed to provide reasonable notice to our users. Notwithstanding the foregoing, we may, at any time and in our sole discretion, provide any user with a subscription to the Site at no charge to such user for promotional reasons or otherwise (such as a free subscription or trial). ANY PROVISION OF SUCH PROMOTIONAL TRIALS OR OTHER PREFERRED OR DISCOUNTED ACCESS TO USERS (INCLUDING, BUT NOT LIMITED TO, SUBSCRIPTIONS OFFERED FREE OF CHARGE) SHALL NOT OBLIGATE US TO PROVIDE SUCH PROMOTIONS, DISCOUNTS, OR PREFERRED ACCESS TO ANY OTHER USERS.
4.2 If the Account Holder has any reason to believe that the Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Account ID, Password, or any credit, debit, PayPal, or charge card information stored on the Site), the Account Holder must promptly change the applicable Site password and notify us of the problem at info@tcandostreet.com to avoid possible liability for any unauthorized charges to the Account.
4.3 If Account Holder is paying by credit card (including debit and other charge cards) "Can Do" Street shall charge the Account Holder's credit card on the date Account Holder registers for a subscription to the Site.
4.4 Your right to use the Site and/or establish a subscription is subject to any limits established by "Can Do" Street, in its sole discretion, or by the Account Holder's credit card issuer. If any payment required cannot be charged to the Account Holder's credit card or if any such charge is returned to us for any reason, including chargeback, "Can Do" Street reserves the right to either suspend or terminate the applicable user's access to the Site and the Account.
4.5 Paid subscriptions to the Site are non-refundable.
5 – PARENTAL CONSENT
5.1 Under the Children's Online Privacy Protection Act ("COPPA"), parental consent is required for the online collection, use and/or disclosure of personal information obtained from a child under the age of thirteen (13). When purchasing a subscription, the Account Holder may be asked to provide a valid credit card. If paying by credit card, children will need to have a parent or legal guardian register as the Account Holder. By providing his or her credit card number, the Account Holder: (a) represents and warrants that he or she will be the Account Holder; (b) represents and warrants that he or she is the parent or legal guardian of any child under the age of thirteen (13) whom he or she allows to use the Account; and (c) agrees to our collection, use and disclosure of personal information in accordance with the "Can Do" Street Privacy Policy with respect to any child under the age of thirteen (13) for whom the Account Holder allows to use the Account.
6 – LIMITATION OF LIABILITY
6.1 USE OF THE CAN DO SERVICES IS PROVIDED "AS IS, WHERE IS." "CAN DO" Street MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL. THE CAN DO COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO CAN DO SERVICES, AND ALL OTHER SERVICES, DELIVERABLES, MATERIALS AND OTHER ITEMS FURNISHED UNDER OR IN CONNECTION WITH THE SITE. The "Can Do" Street does not warrant that the use of the CAN DO SERVICES will be uninterrupted or error free, that defects will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful components. Information and materials posted by the "Can Do" Street are for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions.
6.2 "CAN DO" Street TOTAL LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN CONNECTION WITH THIS SITE AND MATERIALS SHALL IN NO CIRCUMSTANCES EXCEED A SUM EQUAL TO THE TOTAL FEES ACTUALLY PAID BY YOU FOR YOUR SUBSCRIPTION AND THE "CAN DO" STREET SHALL HAVE NO LIABILITY FOR ANY LOSSES OR DAMAGES WHICH MAY BE SUFFERED BY YOU OR ANY OTHER PARTY FOR LOSS OF DATA, LOSS OF PROFITS, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY OR GOODWILL OR OTHER SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE "CAN DO" STREET OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSIONS SET OUT HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
7 – AMENDMENT
7.1 "Can Do" Street reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify and constitute your assent to and acceptance of such revised Terms of Use.
8 – TERM AND TERMINATION
8.1 These Terms of Use are effective as of the earliest date you click the "I ACCEPT" button or download, install, copy, access or otherwise use the Site, Materials or "Can Do" services(the "Effective Date"). The subscription shall continue for an initial period of one (1) year from the Effective Date ("Term").
8.2 "Can Do"Street may terminate your subscription granted hereunder if you are in breach of any of these Terms of Use. In such circumstances the "Can Do" s Street may immediately de-activate your access to the Site and notify you that your subscription has been terminated for the reasons provided above.
8.3 "Can Do" Street reserves the right to deactivate or suspend use of services for any reason.
8.4 On termination for any reason all rights granted to you under these Terms of Use shall cease and you shall cease all use of the Site and Can Do Services.
9 – GENERAL TERMS
9.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of [New York], one of the United States of America, without giving effect to any conflict-of-laws provisions. In such circumstances you further agree that any action in law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of [New York] and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
9.2 If any provision of these Terms of Use is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of these Terms of Use, and these Terms of Use shall be enforced to the full extent allowable under applicable law.
9.3 No forbearance or delay by the "Can Do" Services in enforcing its rights shall prejudice or restrict the rights of "Can Do" Street and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
9.4 You may not sub-license or assign your subscription under these Terms of Use in whole or in part, without the prior written consent of the "Can Do" Street. Any attempted sub-license or assignment by you is void. The "Can Do" Street may sub-license, assign, charge or otherwise transfer any of its rights or obligations under these Terms of Use.
9.5 These Terms of Use constitute the entire agreement between "Can Do" Street and you with respect to their subject matter to the exclusion of any terms implied by law which may be excluded by contract.
