STOP, BREATHE & THINK KIDS TERMS OF SERVICE
1. ABOUT US. We are Stop, Breathe & Think, PBC (“SBT”, “us”, “we” or “our”), a public benefit corporation registered under the laws of the state of Delaware in the United States with its principal office address at 11111 Santa Monica Boulevard, Suite 1700, Los Angeles, CA, 90025,USA, (424) 901-5114, originally established by Tools for Peace.
2. ABOUT OUR SERVICES. We believe that the regular practice of mindfulness and compassion is the key to emotional wellness and that this concept applies equally to children. SBT provides easy activities and fun content to help improve your child’s mental wellness, everyday. SBT’s mobile application for children is known as Stop, Breathe & Think Kids or “SBT Kids”. SBT Kids delivers to child users under the age of 13 (“Child Users”) and their parents or supervising adults accessing the Services on their own behalf or on behalf of their Child User (“Parent Users”) (together, “Users” “you”, “your”) stories, games and meditation and mental wellness activities via the SBT Kids mobile application, the SBT Kids website (currently located at http://www.stopbreathethink.com/kids), and through any other platform or media through which we may make such services available (the “Services”).
4. CHANGES TO THESE TERMS OF SERVICE. SBT may change these Terms of Service fromtime to time. We will usually inform you of any changes by posting the updated Terms of Servicethrough the mobile applications and on the SBT website. If we make any material changes to these Terms of Service, we will post a notification to Parent Users through the mobile applications and on the SBT website and, if Parent Users have registered, notify the Parent User via the preferred means of contact for such notices and/or by asking Parent Users to review the changes to these Terms of Service the next time either the Child User or the Parent User accesses the Services. The continued use of the Services after the time the changes are communicated will indicate the Parent User’s acceptance of the Terms of Service, including those changes.
5. YOUR ACCOUNT.
a. ELIGIBILITY. By creating a Parent User account including the user names of your children, you are consenting to the use of the Service by the associated children, and you are agreeing tobe responsible for the activities of the children. You represent and warrant that: (i) all required registration information you submit and specifically including any financial information you may provide, is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) if you are a subscriber, your account will be used only by the subscriber, and will not be shared with others outside of the same household.
b. YOUR PASSWORD. When you register, you may be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your password and all use of your SBT account within your household. You agree not to use the account, username, or password of another User. You agree to notify us immediately if you suspect any unauthorized use of your SBT account or access to your password.
c. DEACTIVATION OF ACCOUNT & INFORMATION RETENTION. SBT may restrict, deactivateor terminate your access to the Services or your SBT account if SBT believes you, including anyone for whom you are responsible, are in breach of these Terms of Service. You understand that deactivation of your SBT account by you or by us may remove information from our live databases, but that our servers may maintain certain information for archival or legal purposes.
6. PERMITTED USE OF SERVICES. The Services are made available to you for your non-commercial use only. Users may not use SBT or any of its Content to promote a product or service. Users may not modify, reproduce, download, store, distribute, publish, license, or createderivative works from the Services or from the Content. Users may not access SBT in any way that could damage, disable or overburden the Services. Users may not use any third-party APIs, software, tools or scripts to access or modify the Services or underlying technology, unless they are authorized in writing by SBT.
7. LICENSE & INTELLECTUAL PROPERTY OWNERSHIP. SBT grants to the User the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided as part of the Services for use in accordance with these Terms of Service. Parent Users acknowledge that SBT owns all right, title and interest in and to the Services, including without limitation, all underlying software and technology, and all other Intellectual Property Rights in relation to the Services, other than that owned by third parties. “Intellectual Property Rights” means any and all intellectual property rights existing in any part of the world under applicable law, including without limitation patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.
8. CONTENT. “Content” means any and all text, images, photos, videos, sounds, postings, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship.
a. SBT CONTENT AND OWNERSHIP. As between SBT and the User, SBT owns or controls all right, title and interest in the Services and in the Content included within the Services, including its logos, trademarks and all other Intellectual Property Rights it controls.
b. CONTENT RESTRICTIONS. Parent Users agree not to (i) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (ii) rent, lease, loan or sell access to the Services; or (iii) decompile, reverse engineer or copy any Content (other than the Content you post) or the Services. You may not remove, obscure or alter SBT’s or a third party’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You will not interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services.
9. COPYRIGHT POLICY. SBT respects the Intellectual Property Rights of creators. If you believe that your work has been displayed or included within the Services in a way that constitutes copyright infringement, please first check to see if the work originated from a third party service. You may notify such third party service directly about alleged copyright violations. For all other copyright notifications, please provide our Copyright Agent with the following information: (i) a digital or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:Stop, Breathe & ThinkAttn: Copyright Agent11111 Santa Monica Boulevard, Suite 1700Los Angeles, CA 90025Telephone: (424) 901-5114E-mail: firstname.lastname@example.orgWe reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate the account of any User who repeatedly is accused of infringing copyrights.
10. SUBSCRIPTION SERVICES & OTHER CHARGES. Certain features of the SBT Service may require a subscription which may be charged in advance or periodically, according to the plan you select when you began your subscription (the “Subscription Services”). Other features may allow for purchases of premium Content. Your payment may be charged directly by SBT through its payment processor, or through your mobile application provider, in which case you should look to the provider’s terms regarding in–app payments.
a. YOUR SUBSCRIBER ACCOUNT. If a Parent User purchases Subscription Services, the Parent User agrees that the subscription is personal to the Parent User and the members of their household, and no one may share the account and password with others. Any such sharing of your account and password is a violation of these Terms of Service and may result in the cancellation of your subscription without refund. Most subscriptions will automatically renewat the end of the subscription period with a charge to the credit card that SBT has on file for the Parent User, or through the payment provider you have chosen. For all subscriptions, you will be notified in advance of that renewal. If you do not wish your subscription to renew, you may cancel at any time through your account. SBT will not refund any unused or inadvertently renewed subscriptions, and it is always within SBT’s sole discretion whether to grant any refunds. Child Users may not themselves sign up for Subscription Services.
11. YOUR BREACH OF THESE TERMS OF SERVICE. Any breach of these Terms of Service by you or the Child Users for whom you are responsible may result in, among other things, termination or suspension of your rights to use the Services.
12. LEGAL OBLIGATIONS. In order to cooperate with legitimate governmental or regulatory requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of SBT or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, account information, device ID, IP address, usage history and other information and data. We will not disclose any information or data of a Child User, without first notifying, and, if appropriate, getting permission from the responsible Parent User.
13. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. SBT MAKES NO CLAIMS WHATSOEVER ABOUT ANY MEDICAL OR HEALTH BENEFITS FROM THE USE OF THE SBT KIDS SERVICES AND DOES NOT PURPORT TO GIVE MEDICAL ADVICE. IT IS SOLELYYOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN OR YOUR CHILD’S MEDICAL AND HEALTH PRACTITIONERS ABOUT YOUR OWN PHYSICAL AND MENTAL HEALTH ANDTHE MENTAL AND PHYSICAL HEALTH OF ANY CHILD USER FOR WHOM YOU ARE RESPONSIBLE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SBT KIDS SERVICES. SBT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. SBT DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, QUALITY AND PERFORMANCE OF THE CONTENT AND THE SERVICES. SBT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR VIEWING OF THE CONTENT AND USE OF THE SERVICES, AND DOES NOT GUARANTEE THAT YOU OR YOUR CHILD USER WILL RECEIVE ANY BENEFIT FROM YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU AND YOUR CHILD USER VIEW THE CONTENT AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
14. LIMITATION OF LIABILITY. Under no circumstances shall SBT be liable to any User in connection with that User’s use or misuse of the Content or the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if SBT has been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Content or Services, from inability to use the Content or Services, from any claim relating to the user of the Content or the Services, or from the interruption, suspension, or termination of the Content or Services. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
15. RELEASE. Parent Users hereby release us, our officers, employees, investors, agents and successors on behalf of themselves and on behalf of any Child User for whom they are responsible from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, emotional distress, death and property damage, that is either directly or indirectly related to or arises from (i) any interaction you have with other Users, (ii) your use of the Services or the use of the Services by a Child User for whom you are responsible or (iii) your participation or your Child User’s participation in any offline events. If a Parent User is a California resident, the Parent User hereby waives CaliforniaCivil Code Section 1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, which, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
16. INDEMNITY. Parent Users agree on behalf of themselves and on behalf of any Child Users for whom they are responsible to defend, indemnify and hold SBT, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access or the access by a Child User for whom you are responsible to or use of the Content or Services or the violation of these Terms of Service.
17. RESPONSIBILITY. Any interaction with other Users on the Services or with third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and the other User, advertiser or third party. Parent Users agree that SBT will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you or your Child User makes available to them. If there is a dispute between a Parent User and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users or third parties.
18. THIRD PARTY SERVICES AND PARTNER COMMUNITIES. The Services may contain linksto third party applications, websites or services, or may be accessed via a plug-in through third party applications, websites or services (“Third Party Services”). We may also enable sharing and interoperability to Third Party Services and other Users or use other means that allow you to connect the SBT Services to Third Party Services and other Users. You use all such connections to Third Party Services at your own risk. To the extent such links are provided by us, they are provided only as a convenience and do not imply our endorsement of or affiliation with such Third Party Service. While we will always strive to select the best partners, we accept no responsibility for the quality, content, policies or reliability of Third Party Services or Partner Communities or for links back to the SBT Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service.
19. COMMENTS. If Parent Users have comments on the SBT Services or ideas on how we might improve, please contact us at email@example.com. We will not accept comments or communications from known Child Users. If Parent Users submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted under this Section shall survive the termination or expiration of these Terms of Service.
20. INITIAL RESOLUTION OF QUESTIONS OR DISPUTES. If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us firstname.lastname@example.org directly.
21. ARBITRATION. For any claim where the total amount of the award sought is less than$10,000, either SBT or the Parent User may elect to resolve the dispute in a cost effectivemanner through binding non-appearance-based arbitration through a mutually agreeableestablished alternative dispute resolution (“ADR”) provider. For such smaller claims: (i) thearbitration shall be conducted by telephone, online and/or be solely based on writtensubmissions, the specific manner shall be chosen by the party initiating the arbitration; and (ii)
the arbitration shall not involve any personal appearance by the parties or witnesses unlessotherwise mutually agreed by the parties. You agree that claims of $10,000 or over will be finallysettled by binding arbitration. All such arbitration shall be administered by the AmericanArbitration Association (“AAA”) in Los Angeles, California by a neutral arbitrator according to theArbitration Rules set forth in the California Code of Civil Procedure. In an arbitration, anyjudgment on the award rendered by the arbitrator may be entered in any court of competentjurisdiction. By agreeing to arbitration, you are agreeing to waive any right to a trial by a jury. Ifyou do not agree to arbitration, you may opt out by notifying us email@example.com within 30 days of the application to you of these Terms ofService. Except where prohibited by law, you agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
22. LAW AND JURISDICTION. These Terms of Service shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. Parent Users agree that any claim or dispute they may have against SBT, if not resolved through arbitration, must be resolved by a court located in Los Angeles County, California. Parent Users agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
23. MISCELLANEOUS PROVISIONS. If for any reason a court finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue infull force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service is the entire agreement between the parties with respect to the use of the Services and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by SBT. Effective Date: October 21st, 2019