Terms Of Use, Privacy, Policies

PLEASE READ THESE TERMS AND CONDITIONS (TERMS) BEFORE USING THE SERVICES (AS DEFINED BELOW). THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT (AS DEFINED BELOW), OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.

(Including Privacy Policy for Children’s Online Privacy Protection and “Your Privacy Rights” for California Residents)

Effective and last revised on July 10, 2020.

Welcome to Arts Playschool®, which is owned and operated by Creative Clinical Consulting, LLC, an Illinois Limited Liability Corporation, and its affiliates. By purchasing a subscription to, registering an Account for, or using Arts Playschool, including all of the services provided therein, and any other websites, applications, and online services (Apps) that link to these Terms (collectively, the Services), including Arts Playschool® for Schools, operated by our wholly-owned subsidiary Creative Clinical Consulting, LLC (DBA Center for Creative Arts Therapy), you acknowledge that you have read and understand these Terms, and agree to be bound by them. Arts Playschool, Creative Clinical Consulting, LLC and Center for Creative Arts Therapy are collectively referred to as "we", "our", "us", "Websites", or the "Company". Both these Terms and separate terms of service or sale documents may apply to your use of the Services or to a sweepstakes, service, or product offered via the Services (Additional Terms). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

In these Terms, you refers to Adult Users (as defined below) of the Services and purchasers of Accounts (as defined below). An Adult is a person of legal age who can enter into a contract in the state in which the User resides; by purchasing a subscription to, registering for, or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms.

You should read this entire Terms and Conditions and also our Privacy Policy (the terms of which are incorporated into these Terms).

1. Accounts, Passwords, and Payments

A. Account Types. We currently offer the following Consumer and Other Accounts through the Services: Family Accounts, Teacher Accounts, School Accounts, and Classroom-Linked Accounts. Creative Clinical Consulting, LLC provides School Accounts, which are only for Educational Institutions. Users of the Services include Child Users (children or students under the age of 18 who use the child-directed learning portion of the Services) and Adult Users (parents and legal guardians of Child Users, Gift Account purchasers, teachers, librarians, and community center administrators).

(i) Family Accounts. A Family Account can have a maximum of four Users, which includes an Adult User and up to three Child Users that Adult Users add to the Family Account. Some longtime Users of the Services have Accounts that use Adobe Flash, an older technology. If you have a Family Account, you can also purchase Assessment Center access which is an additional Service.

(ii) Teacher Accounts. Teacher Accounts may only be registered by an Adult currently employed (a Teacher) by a school, school district, licensed childcare facility, or other licensed educational institution or program in the United States or Canada (each, an Educational Institution). Teacher Accounts allow up to 40 Child Users to be using the Services simultaneously. To be eligible for a Teacher Account, the Teacher must at all times during the subscription period be currently employed by an Educational Institution. The Teacher’s employment status must be independently verifiable, and the Teacher must only use or facilitate the use of the Teacher Account for students at the Educational Institution (Child Users) for which the Teacher has authorization. If a Teacher wants to use the Services for his or her own family, he or she must register for a Family Account. By registering for a Teacher Account, you represent and warrant that (a) you have permission from your Educational Institution to enter into these Terms on its behalf, and to use the Services as part of learning activities; and (b) your use of the Services and provision of student data through the Services is compliant with any obligations you and your Educational Institution have under applicable laws, including, without limitation, the Family Educational Rights and Privacy Act. If at any point in time you are no longer employed at, or no longer have permission to use the Services from, your Educational Institution, you agree that you will notify us immediately. Teacher Accounts are free and are offered in our sole discretion and we reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all Teacher Accounts at any time for any reason, except with respect to the collection, use, and disclosure of Child User information, which we will treat in accordance with our Privacy Policy.

Additionally, with parental or legal guardian consent, Teacher Accounts can be linked to a student’s Family Account, or parents or legal guardians with no Family Account can be given access through a separate limited access account (a Classroom-Linked Account) to a student’s lessons that have been assigned by a Teacher. Doing either allows the student to complete his or her Teacher’s assignments outside the classroom and linking a Family Account to a Teacher Account gives parents or legal guardians the opportunity to view their Child User’s overall progress in the Teacher Account (but not the progress of other Child Users). In addition, linking a Family Account to a Teacher Account allows the Teacher to view the progress that the student completes in the Family Account. However, linking Accounts in this manner counts against the four Users permitted in a Family Account.

(vi) School Accounts. School Accounts are only available for Educational Institutions for use exclusively by the Educational Institution and its students. An Educational Institution will be provided with the purchased set of unique codes to access the Services for their Teachers and students to be used primarily in their classrooms. Teachers of School Accounts can allow up to 40 Child Users to use the Services simultaneously. Additionally, with parental or legal guardian consent, School Accounts can be linked to a Child User’s Family Account, or parents or legal guardians with no Family Account can be given access through a Classroom-Linked Account to a student’s lessons that have been assigned by a Teacher. Doing either allows the student to complete his or her Teacher’s assignments outside the classroom, and linking a Family Account to a School Account gives parents or legal guardians the opportunity to view their own Child Users’ overall progress in the School Account (but not the progress of other Child Users). In addition, linking a Family Account to a School Account allows the Teacher to view the progress that the student makes in the Family Account. However, linking Accounts in this manner counts against the four Users permitted in a Family Account. In addition to these Terms, each Educational Institution will have a separate agreement with the terms and conditions, as well as a privacy policy covering the School Account.

B. Passwords and Account Access. Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree (a) that you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up to date; (b) that you are solely responsible for all activities that occur under your Account; (c) that you will notify us immediately of any unauthorized Account use; (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password; and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible User has created an Account, we may seek confirmation of the User’s status or deactivate the Account, without notice to the ineligible User. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Websites and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to info@artsplayschool.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Arts Playschool will not be liable for any loss or damage arising from your failure to comply with this section.

C. Account Fees. For certain types of Accounts, we may charge a fee, such as an Account or subscription fee. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Failure to pay any fees may result in your inability to access or use the Services.

For School Accounts, Educational Institutions are charged directly for the Services. If a parent or legal guardian of a student has a Family Account that is linked to a School Account, then we may temporarily stop charging the subscription fee for the Family Account while the School Account is active. However, we may continue to charge the applicable subscription fee for the Assessment Center while the Family Account is linked to a School Account, in accordance with this Section. If the School Account expires or terminates, then we may continue to charge an Account fee or subscription fee for your Family Account in accordance with the original payment and renewal terms of that Family Account. Additionally, for School Accounts, renewal and cancellation terms will be governed by a separate agreement between us and the Educational Institution.

(i) Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by us (for example, PayPal and Apple’s iTunes Store) (Pay Mechanism) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account and/or purchasing an additional subscription (for example, the Assessment Center). You will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.

(ii) Subscription Renewal. By activating Consumer and Other Accounts, you agree that we may renew your subscription automatically for the same subscription term on the next business day after your previous subscription ends. For example: If you register for a free 30-day trial on February 1, your subscription will automatically renew on March 1, April 1, and so on. However, when a date does not occur in a month, your Family Account will renew and be billed on the last business day of that month. For example, if you activated a Family Account on January 31, your next renewal and billing date will be on February 28 (or 29 in a leap year). For Family Accounts, you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the Subscription Cancellation section below. For Family Accounts, we will charge your credit card (or the other payment method you used) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.

(iii) Subscription Cancellation. Unless you purchased your subscription(s) through the iTunes Store or the Amazon Appstore, to cancel any subscription and avoid future billing, you may cancel such subscription prior to its renewal date through the My Account area in the Parent Section or by contacting our Customer Support team. If you contact Customer Support, please know that we endeavor to have customer requests handled within 24–48 hours; however, we cannot guarantee that your cancellation will be registered within that time period. If you downloaded our app through the iTunes Store or Amazon Appstore, you must follow the cancellation instructions provided in the iTunes Store or Amazon Appstore, as applicable. For all Accounts, you will continue to have access to your Account for the period of time that has been prepaid. Please note that if you are on a free trial and cancel your Account access will be canceled immediately. If you activated a paid Account at a discounted or promotional rate, chose to pay in installments, and then canceled that Account prior to all of the installments having been paid, the period of time after cancellation that your Account will continue to be accessible will be calculated based on the nonpromotional/nondiscounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid. In addition, if you have purchased Assessment Center access, your Account cancellation will not terminate your Assessment Center access, and you will be able to continue to use these Services in accordance with your subscription for the Assessment Center.

(iv) Access to and use of the Services is subject to a subscription fee ("Fee"). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Arts Playschool to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable. Arts Playschool reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. Gaia will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.

If Arts Playschool is for any reason unable to effect automatic payment via your credit card, Arts Playschool will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Arts Playschool of any changes to your credit card information and to update your information if your credit card has expired. Gaia may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Arts Playschool.

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Arts Playschool's net income. You are responsible for obtaining and providing to Arts Playschool any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Arts Playschool may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Arts Playschool. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to info@artsplayschool.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

2. Services Ownership and License

A. Ownership. As between us and you, the Services (including past, present, and future versions) are owned and controlled by us and their Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Content means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, Trademarks); and (iii) other forms of intellectual property.

B. Limited License. Subject to your strict compliance with these Terms, any applicable Additional Terms, and your payment of any applicable subscription fees, we grant you a limited, nonexclusive, revocable, nonassignable and nontransferable license (License) to access, display, view, use, play, and/or print one copy (excluding certain printable activities made available through the Services, which indicate that they may be printed multiple times) of the Content on a personal computer, mobile phone or other wireless device, or other internet-enabled device (each, an Internet Device) for your personal, noncommercial use only (for example, Teachers may use Content from the Services for educating their students and other Users’ use is limited to personal use). The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcast, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.

3. Content You Submit

We may allow the recording, submission, or distribution of artwork, audio, video, or other content created by Users (User-Generated Content) on or through the Services. All rights to User-Generated Content including all intellectual property rights shall remain the exclusive property of the User. By recording, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, nonexclusive, worldwide, fully paid, license to use, store, copy, distribute, display, transmit, and sublicense such User-Generated Content solely for the purposes of delivering the Services to you, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. If you are an Adult, you consent to the publication of any testimonials you send to us along with your name and other information you submit in connection with such testimonial.

4. Services and Content Use Restrictions

You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so; (iii) engage in any activity (other than the use of specific features of the Services, such as Site Timer or Activity Blocker) that interferes with a user’s access to the Services or the proper operation of the Services; (iv) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (vii) use the Services for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including Child Users, without that party’s (or for Child Users, their parent or legal guardian’s) express consent; or (ix) otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.

5. Linking to and from Our Services

A. Linking to or Framing Our Services. When linking to our Services, you must adhere to the following requirements: (i) the link to the Services must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the Services must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) with the sole exception of authorized Library Accounts, no one may “frame” the Services or create a browser environment around any of the Content; and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

B. Links to Other Services and Third Parties. In line with our Child Safe Guarantee, Child Users are blocked from accessing external links, which will only be available if an Adult User enters his or her password. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Services (including those that are linked to from the Services) are solely between you and the third party (including issues related to payments, delivery of goods, and warranties), and we disclaim all liability in connection therewith.

6. Governing Law/Jurisdiction

A. Governing Law/Jurisdiction. THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.

B. Arbitration and Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to the Services, these Terms, or any Additional Terms (collectively, Dispute), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least 30 days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (1) a description of the Dispute and (2) a proposed resolution (together, the Dispute Notice). If you want to raise a Dispute, you must send your Dispute Notice by certified mail to P.O. Box 230, Glendale, California 91209, and address the Dispute Notice to Age of Learning, Inc., or Age of Learning for Schools, Inc., as applicable. If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using the contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address that we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through a means that complies with the service of process rules in the state of California.

If you and the Company do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and the Company agree that the Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any Additional Terms, and any facts based upon the record and no other basis, and will issue a reasoned decision. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by Judicial Arbitration and Mediation Services, Inc. (JAMS), and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’s Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and we consent. You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA: 800.778.7879 JAMS: 800.352.5267

http://www.adr.org http://www.jamsadr.com

(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue a decision consistent with this Section 6. However, WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties.

(ii) Small Claims Matters Are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court.

C. Injunctive Relief. The foregoing provisions of this Section 6 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services (including, but not limited to, claims related to patent, copyright, trademark, and trade secrets, and claims relating to the access or retrieval of data through the Services using an automated process such as scraping).

D. Timing of Claim. To help resolve any issues between you and us promptly and directly, you and the Company agree that any Dispute Notice must be sent, or that any small claims or injunctive relief complaint permitted under this Section 6 must be filed, within one year after the events giving rise to the Dispute arise; otherwise, the Dispute is waived.

E. No Class Actions. You and the Company agree that any Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.

 

7. Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent company, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, Company Parties), hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:

  • the Services (including the Content and the User-Generated Content);

  • the functions, features, or any other elements on, or made accessible through, the Services;

  • any products, services, or instructions offered or referenced at or linked through the Services;

  • whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);

  • the specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and

  • whether your use of the Services is lawful in any particular jurisdiction.

 

EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.

8. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to

  • the Services (including the Content and the User-Generated Content);

  • your use of or inability to use the Services, or the performance of the Services;

  • the failure of a Child User to learn or otherwise benefit educationally from their use of the Services;

  • any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Services;

  • any action taken in connection with copyright or other intellectual property owners or other rights owners;

  • any errors or omissions in the Services’ technical operation; or

  • any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.

 

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.

9. Indemnity

To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (a) your breach or alleged breach of these Terms; (b) your use of the Services or activities in connection with the Services; (c) your User-Generated Content; (d) your violation of any law, rule or regulation; or (e) your violation of any third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any Child User you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold Company Parties harmless for any damages that Company Parties suffer by the Child User’s disaffirmance.

10. Infringement Policy and Reporting Procedure

In accordance with the Digital Millennium Copyright Act of 1998 (the DMCA), our designated agent to receive notices of copyright infringement is our General Counsel, who may be reached by email at privacy@aofl.com, or by postal mail at Age of Learning, Inc., P.O. Box 230, Glendale, California 91209. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.

11. Wireless Features

The Services may offer certain features and services that are available to you via your wireless Internet Device (collectively, Wireless Features). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.

12. Submission of Feedback

Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas; and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.

13. General Provisions

A. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms or any Additional Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.

B. Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

C. Operation of Services; International Issues. We control and operate the Services from our headquarters in Glendale, California, USA. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (for example, any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.

D. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.

E. Assignment. We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms, and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.

F. No Waiver. No waiver by us of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Age of Learning, Inc.

G. Updates to Terms. We reserve the right to modify these Terms, or any Additional Terms, from time to time in our sole discretion (Updated Terms). You agree that any Updated Terms will be effective immediately upon our posting them on the Services and, if you have an Account, either by displaying an alert next to the link to the Terms, displaying an alert upon log in to the Services, or by directly communicating them to you (e.g., via the email address associated with your Account), provided that (i) any modification to Section 6 related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you do not cancel your Subscription to the Services within seven days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and to be bound by, the Updated Terms.

H. Contact Us. Creative Clinical Consulting, LLC and Center for Creative Arts Therapy are each located in the United States of America. Creative Clinical Consulting, LLC is the operator of all of the Services for Consumer and Other Accounts. Creative Clinical Consulting, LLC DBA Center for Creative Arts Therapy, holds licenses to sell, distribute, and operate Arts Playschool for Schools and School Accounts. Questions regarding the Terms and issues related to the Services or your Account should be directed to us via any of the following methods:

For Consumer and Other Accounts

Mailing address:


Center for Creative Arts Therapy
Attention: Arts Playschool
4336 Saratoga Ave., 2nd Floor
Downers Grove, IL 60515
USA

info@artsplayschool.com

14. Prohibited Conduct. The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses or advocates harassment of another person;

  • exploits people in a sexual or violent manner;

  • contains nudity, violence, or offensive subject matter;

  • solicits personal information from anyone under the age of eighteen (18);

  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;

  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  • includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or

  • contains a virus or other harmful component.

15. Health and Medical Concerns. Some of the Site Content includes information and instruction relating to mental health, exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Arts Playschool, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.

You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

  • After exercise do you frequently experience chest pains?

  • Do you get dizzy when you exercise?

  • Are you breathless after exercising?

  • Do you take medication for high blood pressure?

  • Do you have joint problems?

  • Do you have a medical condition, which might need special attention when exercising, for example diabetes?

  • Have you been physically active in the past?

  • Do you have a heart condition that requires supervised physical activity?

 

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

16. Reservation of Rights. Gaia Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Gaia and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.

17. Other Sites. The Websites may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Websites does not imply Gaia’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. Gaia does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.

18. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

19. Take-Down Notices Under the DMCA. Arts Playschool will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for Arts Playschool:

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of Creative Clinical Consulting, LLC: Director of Content Acquisition and Content

Full Address of Designated Agent to Which Notification to Arts Playschool Should Be Sent:

Center for Creative Arts Therapy
Attention: Arts Playschool
4336 Saratoga Ave., 2nd Floor
Downers Grove, IL 60515
USA

Email of Designated Agent: info@artsplayschool.com

20. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Arts Playschool reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.

 

21. Term and Termination.

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Arts Playschool or by you.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at info@artsplayschool.com, but any such termination and cancellation will be effective only after Arts Playschool has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Arts Playschool.

Arts Playschool reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Arts Playschool shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Arts Playschool elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Arts Playschool elects to do so without cause, then Arts Playschool will refund any unused portion of a pre-paid subscription.

Upon suspension or termination, Arts Playschool shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

22. Disclaimer of Warranties. You acknowledge and agree that the Websites and the Services are offered without warranties of any kind whatsoever by Arts Playschool and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

(a) Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis. Gaia and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Arts Playschool-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.

(b) The Arts Playschool-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Websites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Websites and/or the Services, and/or if you use any product or service that you receive or learn about through the Websites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Arts Playschool-Related Parties Arts Playschool from any and all claims or causes of action, known or unknown, arising out of the foregoing.

(c) The Arts Playschool-Related Parties make no warranty that the Websites or the Services, the Site Content, and/or the information, products and services available through the Websites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.

(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Arts Playschool-Related Parties make no warranties regarding the foregoing.

(e) Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

23. Waiver of Claims. You hereby waive, release and discharge the Arts Playschool-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

24. Limitation of Liability. To the fullest extent permitted by applicable laws, the Arts Playschool-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Websites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Websites and/or the Services, even if any of the Arts Playschool-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Arts Playschool-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Arts Playschool for the Services.

25. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Arts Playschool. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.

26. Indemnity. You agree to indemnify, defend, and hold harmless the Arts Playschool-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Arts Playschool will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

27. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Websites, to obtain certain premium Site Content through our Websites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.

28. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Websites and/or the Services.

29. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Gaia and governs your use of the Websites and Service, superseding any prior agreements between you and Arts Playschool with respect to the Websites and/or the Services.

30. Choice of Law and Forum. This Agreement and the relationship between you and Gaia shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Arts Playschool agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dupage, Illinois.

31. No Waiver. The failure of Arts Playschool to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

32. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

33. Relationship of the Parties. You and Arts Playschool acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.

34. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Gaia is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.

35. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at info@artplayschool.com, or by mail at Center for Creative Arts Therapy, ATTN: Arts Playschool, 4336 Saratoga Ave., 2nd Floor, Downers Grove, IL 60515. Except as otherwise specified elsewhere in this Agreement, notices to Arts Playschool may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Arts Playschool.

36. Health Advice Disclaimer

The information, including but not limited to, text, graphics, images and other material contained on this Site and made available by the Company to Users are for informational purposes only. The purpose of this Site is to connect individuals so they may share mental health experiences through the submission of personal stories, develop mental health advocacy skills through access to a mental health resource directory, and build relationships through a peer-to-peer mentorship program that will support mental wellness goals. THE SITE IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. By accessing this Site and participating in the Mission, Users hereby agree to seek the advice of a licensed physician or other qualified health care provider with regard to any questions in connection with a medical condition or treatment and before undertaking a new health care regimen.

The Information that you obtain or receive from Arts Playschool and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MENTAL HEALTH CARE OR THE PROVISION OF MENTAL HEALTH CARE. We do not recommend or endorse any specific tests, mental health professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.

37. No Doctor/Mental Health Professional Patient Relationship

NO LICENSED MENTAL HEALTH PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE FIND A CLINICIAN FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MENTAL HEALTH PROFESSIONAL OR SPECIALIST IN ANY FIELD. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We are not a party to the dealings between You and any Provider, including posts, email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of Provider Services. We do not introduce You to Clinicians or Clinicians to You. We merely make the Site available to enable You to identify and determine the suitability of a Provider for yourself and to enable Providers to identify and determine the suitability of patients for their practice. Arts Playschool does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, timeliness, or legality of Provider services; the truth or accuracy of engagement requests, listings and profiles; the qualifications, background, or identities of Members; the ability of Providers to deliver services; Your ability to pay for Provider services; or that You and a Provider can or will complete a transaction, appointment, or engagement.

We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a mental health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular mental health professional by confirming with the practitioner’s office, your current mental health therapist, and/or the state mental health licensing board.

Privacy Policy

Welcome to Arts Playschool®, which is owned and operated by Creative Clinical Consulting, LLC. We are committed to providing children with a learning environment where every activity is just as fun as it is educational and where you can feel confident that your children’s privacy is protected.

This Privacy Policy describes the ways in which Creative Clinical Consulting, LLC, and its subsidiaries (collectively, we, our, us, or the Company) collect, use, and disclose information about you and the children who use your Account through Arts Playschool, and any other websites, applications, and online services (Apps) that link to this policy (collectively, the Services), including Arts Playschool® for Schools, operated by our wholly owned subsidiary Creative Clinical Consulting, LLC DBA Center for Creative Arts Therapy. Creative Clinical Consulting, LLC provides School Accounts (as defined below) for schools, school districts, licensed childcare facilities, or other licensed educational institutions or programs (each, an Educational Institution). Our Services are directed toward preschool- through second grade-aged children.

Please read this Privacy Policy closely. By using the Services, you agree to the handling of your information in accordance with this Privacy Policy.

Summary of Key Points

 

You should read this entire Privacy Policy and also our Terms & Conditions, but here are some key points:

  • The Services are backed by our Child Safe guarantee. This means that Accounts will never include any pop-up ads or other advertisements directed to children.

  • Personal Information, or PI, is defined in this policy to mirror the text of the California Consumer Privacy Act (CCPA) and means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

  • We take your privacy very seriously, and we never monetize your Personal Information; we use it to enhance your experience with opportunities like special promotions and offers.

  • During Arts Playschool registration, the only information we may ask you to provide about a child who will be using the Services is the child’s first name (or nickname), birth month and year, and gender.

  • Other than in the places and for the purposes explicitly disclosed in this Privacy Policy, we do not knowingly collect any PI directly from Child Users under age 13.

  • We do not ask for certain sensitive PI such as social security numbers, driver’s license numbers, or biometric data. However, paying subscribers are asked for payment information when they subscribe. Please see Section 3 (Information Collection) for more information about how we safeguard payment information.

  • Because the security of your Personal Information is important to us, we only ask for PI where it serves a business purpose and try to limit the collection of PI to only what is necessary to accomplish those purposes. We also use commercially reasonable physical, technical, and administrative security measures designed to safeguard all information collected by the Services.

  • Adult Users (as defined below) may contact us or their Educational Institution, when applicable, at any time as described in Section 13 (Contact Us) to request that we provide for their review, or delete from our records, any PI they have provided about Child Users associated with their Accounts, or to cease collecting PI from those Child Users. For information about when we automatically delete PI due to Account cancellation or inactivity, please see Section 10 (Location of Information Processing).

Additional Protections and Information for School Accounts

  • If you have access to the Services through a School Account, additional privacy protections apply because your Educational Institution may provide AofL Schools with student personally identifiable information (Student Data) as defined by the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and its implementing regulations (34 CFR Part 99) (collectively, FERPA).

  • Creative Clinical Consulting, LLC will only access, collect, record, organize, use, or disclose (collectively, Process) Student Data collected through the Services as described in AofL Schools’ agreement(s) with the applicable Educational Institution and this Privacy Policy. AofL Schools will Process the data consistent with all applicable laws, including, but not limited to, FERPA.

  • Creative Clinical Consulting, LLC will delete, or if requested by the Educational Institution, transfer to the Educational Institution all Student Data within 90 days (or a shorter time frame if required by applicable law) following the termination of the AofL Schools’ agreement with the applicable Educational Institution.

  • Creative Clinical Consulting, LLC may de-identify Student Data received in connection with providing the Services and use such data as described in this Privacy Policy.

Student Privacy Creative Clinical Consulting, LLC is a signatory of the Student Privacy Pledge. The Future of Privacy Forum and the Software & Information Industry Association introduced the Student Privacy Pledge to safeguard student privacy regarding the collection, maintenance, and use of student personal information. Since 2014, more than 300 companies have signed on. Signing the pledge demonstrates our commitment to complying with the highest standards for safeguarding Student Data.

1. Child Safe Guarantee

The Services are backed by our Child Safe Guarantee. This means that Accounts will never include any pop-up ads or other advertisements directed to children. In addition, Child Users are blocked from accessing external links. External links will only be available if an Adult User enters his or her password.

2. Types of Accounts, Services, and Users

How we collect, use, and disclose information depends on the type of Account and the type of user. We currently offer the following types of Accounts through the Services: Family Accounts, Teacher Accounts, Classroom-Linked Accounts,  (collectively, Consumer and Other Accounts), which are described in our Terms & Conditions. Separately, Creative Clinical Consulting, LLC provides School Accounts, which are only for Educational Institutions.

Consumer and Other Accounts and School Accounts are collectively referred to as Accounts, and the provisions of this policy apply to all Accounts. Any difference in how the Consumer and Other Accounts and School Accounts are treated is identified below.

Users of the Services include Child Users (any child under age 18 who uses the learning portion of the Services) and Adult Users (including parents and legal guardians of Child Users, teachers, librarians, and community center administrators), collectively referred to as Users.

3. Information Collection

There are two general categories of information that we collect.

A. Information Users Provide to Us As more fully set forth below, we and our third-party service providers collect information that Users provide when using the Services, including when Adult Users create an Account, sign up for Services, or contact us with a question, comment, or request, and when Child Users participate in assessments. However, we will only use or disclose this information in accordance with this policy and applicable law. Please see Section 5 (When We Disclose Information to Third Parties) below for more information and how we limit disclosure of Child User information.

 

Adult Users

Adult Users are asked to provide certain Personal Information about themselves when registering for any Account, including first and last name, email address, and telephone number (which is optional). The other information provided at registration depends on the type of Account or Adult User. For example:

Payment information is collected from Adult Users who purchase a Family Account, including those who purchase a Gift Account for others. For your security, we do not store your complete credit card number in our databases but retain only the first six digits and last four digits so that we can identify your Account and respond to your requests and questions.

The email address of a parent or legal guardian is collected when the Adult User purchasing a Family Account or setting up a Personal Library Account or Library Home Checkout Account states that he or she is not the legal guardian, or if a teacher or community center administrator provides such addresses in order for parents or legal guardians to connect to the Teacher Account, Community Center Account, or School Account.

The school, library, or community center name and address (state and ZIP code only) are collected from Adult Users who register for a Teacher, Librarian, or Community Center Account. Adult Users who register for a Family, Teacher, Classroom-Linked, Personal Library, Library Home Checkout, Community Center, or School Account are asked to provide the first name (or nickname) and gender and may be asked for the birth month and year of Child Users who will be accessing the Services through their Accounts.

In addition, Adult Users can provide us with information through separate password-protected sections (i.e., the Parent Section or Teacher Dashboard) of the Services. These sections, accessible via the Menu or Settings link on the Services, allow Adult Users to administer their Accounts, including when they add Child Users, provide testimonials, seek customer support, or submit comments or questions.

If you submit any information relating to other people in connection with the Services, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.

 

Child Users

Previously, on the Adobe Flash version of the Services, certain activities allowed Child Users to create or upload certain free-form content—such as photographs, audio or video files, and artwork—and save it on the Services. When we upgraded to the HTML 5 version of the Services, we removed some of these features so there is no longer the ability to upload photographs or audio or video files. Children still have the ability to create free-form artwork. We encourage you to use the Services with your Child Users and to view and monitor any content created or uploaded (if applicable) by them. If you would like to review all content saved by your Child Users, you can access this content by clicking on the My Files menu item in each Child User’s About Me section of the Services.

B. Information We Collect from Users We and our third-party service providers collect Personal Information directly from Users of the Services in the form of the actions they take and activities they complete when using the Services. For example, from Adult Users, we may collect information about patterns of usage and order history; from Child Users, we may collect information about patterns of usage, which activities a child commences and completes, when a child starts and stops an activity, which areas of the Services the child frequents, the number of questions answered correctly or incorrectly, how many Tickets the child earns, what virtual items the child selects to exchange for Tickets, and the child’s choice of Avatar and customization.

We and our third-party service providers also use a variety of technologies, such as cookies (small text files that the Services save on your computer or mobile device), to automatically collect certain technical information from your computer or mobile device over time and across different websites, including when you use the Services, such as your browser type, operating system, device type, the page served, your IP address, your geolocation, and the websites you visited prior to visiting the Services. When you download and use one of our Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

We and our third-party service providers may use the information collected through these technical methods for a number of purposes, including delivering content, tracking and enhancing our Users’ experience on the Services, and delivering advertising to visitors to www.abcmouse.com when they visit other websites and applications. For example, when you return to the Services after logging in, cookies help the Services recognize who you are without having to log back in. The information collected through these technical methods on the child-directed portions of the Services are used only to support the internal operations of the Services. We do not allow third-party advertising networks to collect information about Users who are logged in to their Accounts. More information about the use of cookies is set forth below.

 

What Are Cookies?

Cookies are small text files placed on your device to collect standard internet log information and visitor behavior information. The cookies may transmit information via your browser with a purpose of authenticating or identifying the computer (via, e.g., the IP address) or the User. Cookies may contain information such as registration data and User preferences.

We use cookies to:

  1. automatically collect certain technical information from your computer or mobile device over time and across different websites, including when you use the Services, such as your browser type, operating system, device type, the page served, your IP address and your geolocation. When you download and use our App(s), we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number;

  2. collect and store information about your location to provide you with educational experiences or email updates that are tailored for your region. The location information we have access to may include (1) your postal code, if you provide one to us; and (2) the approximate geographic region your computer or mobile device is located in, as determined from your IP address. However, we do not collect your street name and the name of your city/town. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such IP information. We also have access to your school or classroom location if you (as a teacher) provide it to us;

  3. we may collect information from your mobile device if you have downloaded our App(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your IP address, geographic location, how you use the App(s), and information about the type of device you use. In addition, in the event our App(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual. In addition, if you choose to turn on your Bluetooth, wi-fi or other geolocation functionality when you use our App(s), we may collect and use your geolocation information; and

  4. we may also use third-party advertising networks to collect cookie information about Adult Users’ visits to the non-child-directed portions of the Services and to (1) deliver interest-based advertising to those Adult Users, including Arts Playschool-branded advertising, when those Adult Users visit third-party websites; and (2) provide us with statistics about the effectiveness of our advertising on third-party websites. These third-party advertising networks may use this cookie information in accordance with their own privacy policies. Please refer to Section 5 (When We Disclose Information to Third Parties) above for more information about what Personal Data is transferred to our third-party advertising measurement partner.

 

When a server receives a request from a device which stores a cookie from a website, the server is able to use the information stored in the cookie in combination with the information stored on the server to allow the website to respond to you as an individual and to tailor their operations to your needs, likes, and dislikes by gathering and remembering information about your preferences. A cookie cannot collect information from your computer and cannot carry any viral or other damaging files.

 

Types of Cookies

We use the following cookies:

Essential Cookies
These cookies are essential to provide you with services available through Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies
These cookies allow us to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, and remembering the changes you make to other parts of Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.

Analytics and Performance Cookies
These cookies are used to collect information about traffic to our Services and how users use the Services. The information gathered does not identify any individual visitor. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information, and to monitor the level of activity on our Services.

Social Media Cookies
These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+. The social network will record that you have done this.

Except as otherwise provided in this policy, such as when a California resident has opted-out of our sharing Personal Information for valuable consideration, by continuing to use our Services, you are accepting our use of these cookies that make advertising and communications more relevant to you and your interests and further help us to improve our Services.

 

Pixel Tags and IFrames:

We also use pixel tags (which are also known as web beacons and clear GIFs) on our Services to track the actions of Users on our Services. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on web pages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Services, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our Users’ Personal Data.

We additionally use JavaScript snippets and server to server requests that are provided by our affiliate partners and IFrames (or inline frames) on our Services to insert content from another source into a web page, particularly in respect of advertisements in order to provide advertisements about goods and services likely to be of interest to our Users. An IFrame is an HTML document embedded inside another HTML document on a website.

We and our third-party service providers may use the information collected through these technical methods for a number of purposes, including delivering content, tracking and enhancing our Users’ experience on the Services, and delivering advertising to visitors of www.abcmouse.com when they visit other websites and applications. For example, when you return to the Services after logging in, cookies help the Services recognize who you are without having to log back in. For more information, see (What are Cookies) above. The information collected through these technical methods on the child-directed portions of the Services are used only to support the internal operations of the Services. We do not allow third-party advertising networks to collect information about Child Users who are logged into their Accounts.

If you do not want the Services to collect information through the use of cookies, you can set your web browser to reject cookies from the Services. Each browser is different, so you should check your browser’s Help menu to learn how to change your cookie preferences. However, please note that if you reject or block cookies from the Services, the Services may not function as intended. For example, you will not be able to remain logged into your Account, and therefore you would have to log in during each page transition.

Push Notifications and SMS. Additionally, if you downloaded the App on your mobile device to access the Services, as part of your use of the Services we may ask if you would like to receive push notifications, which may include alerts and notifications, badges, banners, and sounds on your mobile device. You may choose to stop receiving push notifications at any time by changing the settings on your mobile device. We may also ask if you would like to receive SMS text messages. Please note that your carrier may charge you for the text messages you receive. To permanently stop receiving SMS text messages from us (if you are located in the U.S. or Canada) text STOP, CANCEL, or UNSUBSCRIBE in reply to any SMS text message sent by us.

 

4. How We Use Information

We will never monetize the Personal Information of any User of the Services by providing it to a third party in exchange for money, except as described in this policy in the context of a sale of the Company.

We and our third-party service providers may use the information collected from Users as follows:

Adult User Information Information collected from Adult Users may be used:

  • To permit you to register and use the Services, including, for example, to send you communications about Child User progress or your Account, or to allow you to provide Feedback through the Parent Section. For security purposes, the Parent Section is password protected. For certain Consumer and Other Accounts, to complete and fulfill your purchase, such as to process your payments, communicate with you regarding your purchase, and provide you with related customer service.

  • To respond to your inquiries and fulfill your requests, retrieve your password, or provide technical support. For Consumer and Other Accounts to provide marketing communications that we believe may be of interest to you. While it is never our intention to send any marketing messages to children, if you believe a Child User has received such a marketing communication, please contact us as described in Section 13 (Contact Us) below. You can always choose to stop receiving these marketing messages by simply following the instructions contained in the message or, if the communication is by phone, informing the caller of your desire not to receive further phone communications. For all Accounts, you may not opt out of receiving administrative messages from us regarding your Account, such as password reset emails, customer support messages, and progress reports for School Accounts.

  • To deliver Arts Playschool advertising to you based on your visits to the non-child-directed portions of the Services (such as www.ABCmouse.com), for example when you visit third-party websites and applications or via postal mail. We will never use information collected in the child-directed portions of the Services for targeted advertising purposes. We do not currently respond to web browser “do not track” signals due to lack of standardization regarding how that signal should be interpreted; however, you may opt out of receiving online interest-based advertising from our interest-based advertising providers by visiting www.aboutads.info/choices. For more information about web browser “do not track” signals, visit www.allaboutdnt.org. California residents have additional rights under the CCPA. For more information please see Section 8 below.

  • To measure the effectiveness of our advertising to adults.

 

Child User Information Information collected from Child Users may be used:

  • To measure a Child User’s performance in activities and to adapt a Child User’s learning experience to the Child User’s learning needs.

  • To analyze, provide progress reports on, or provide an assessment of a Child User’s performance to the Adult User on the Account.

 

Both Adult and Child User Information Information collected from both Adult and Child Users may be used:

  • To allow us to assess and improve the Services, its educational content, and other services we provide, for example, to improve our content and user experience; to research, evaluate, and improve the Services’ educational efficacy; and to inform our understanding of the Services’ user base.

  • To customize, adapt, and personalize Users’ viewing and content-consumption experience, for example, by measuring a Child User’s performance in activities and adapting the Child User’s learning path to his or her learning needs.

  • To maintain and analyze the functioning of the Services.

  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to detect violations of and enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates, including the security of the Services; (f) to protect our rights, privacy, safety, or property, or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain (collectively, (a)-(g) are Other Uses and Disclosures).

 

5. When We Disclose Information to Third Parties

Information collected from both Adult and Child Users will not be disclosed except as follows:

  • To third parties who perform certain services for us, such as process credit cards or conduct or evaluate research (such as on the educational impact of the Services), provided that the service providers agree to keep the information confidential and to use it only for purposes that are permitted by this Privacy Policy.

  • Where parents or legal guardians have linked a Family Account to a Teacher Account, as described in the Terms & Conditions, the Adult Users of both Accounts will be able to review the progress and details of their Child Users within both Accounts.

  • As we believe to be necessary or appropriate as set forth above in Other Uses and Disclosures and in other instances substantially similar to those listed in this Section.

  • Where legally required and in certain other cases, we may make such disclosures without first providing notice to Users.

  • Subject to confidentiality agreements, the terms of this Privacy Policy, and applicable law, information may be disclosed to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, transfer, or license all or a portion of our assets in bankruptcy or otherwise. This means that if some or all of our assets are acquired or otherwise transferred or licensed, including in bankruptcy, that such acquirer shall be subject to the same commitments stated under this Privacy Policy.

In addition, with respect to Consumer and Other Accounts, we may use third-party advertising networks and other affiliates in association with cookies, pixel tags, or IFrames for Adult Users' visits to the non-child-directed portions of the Services and to (1) deliver interest-based advertising to those Adult Users, including Arts Playschool-branded advertising, when those Adult Users visit third-party websites; and (2) provide us with statistics about the effectiveness of our advertising on third-party websites. These third-party advertising networks may use this cookie information in accordance with their own privacy policies.

We do not disclose the Personal Information of any Child User to third parties for any marketing or promotional purposes. This also means that we do not share the Personal Information of children under the age of 16 for valuable consideration.

We also may disclose de-identified and/or aggregated User information for any other purpose as permissible by applicable law—for example, the distribution of de-identified user records to outside researchers or the distribution of reports containing aggregate user demographic and traffic patterns—provided that no individual Adult User or Child User or any specific end-user device can be readily identified.

 

6. How to Access, Change, or Delete Account Information

Consumer and Other Accounts: An Adult User can review or change the information they provided when they registered for the Services, including by adding or removing Child Users to or from the Account, by updating information through the Parent Section of the Services or, for Teacher Accounts or Community Center Accounts, by using the Class Builder or Settings feature in the Teacher Dashboard. In addition, Adult Users may contact us at any time as described in Section 13 (Contact Us) below to request that we provide for their review, or delete from our records, any PI they have provided about Child Users associated with their Accounts, or to cease collecting PI from those Child Users, as applicable. Please keep in mind that a request to delete PI may lead to cancellation of your Account or the inability to use certain Services, and if a Teacher Account or Community Center Account is linked to a Family Account, a request to delete PI in one of the Accounts may be reflected in your other Account.

When we change or delete any PI at your request, we will make good faith efforts to make the changes in our then-active databases as soon as reasonably practicable, generally within 24–48 hours. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Please note that information may remain in backup or archive records, and we may retain certain data relevant to preventing fraud or future abuse or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable or de-identified data, Account recovery, or if required by law. All retained data will continue to be subject to the Privacy Policy in effect at that time.

School Accounts: If you are using the Services through a School Account that is integrated with a school student information system (SIS), unless otherwise required by law, any request to access or make changes to or delete PI including Student Data must be made by the Educational Institution within the SIS. Once the changes are made within the SIS, the changes will automatically appear within the School Account.

If you are using the Services through a School Account and the Educational Institution is not integrating its SIS with the Services, unless otherwise required by law, any request to access, make changes to, or delete PI including Student Data must be made by the Educational Institution's designated administrator for the School Account. The administrators will be provided access to the School Account User Profile pages in order to update, correct, or delete the information contained therein.

 

7. Account Cancellation and Reactivation; Data Deletion

At any time, Adult Users, with the exception of Library-related Accounts or School Accounts, may cancel their Accounts through the Parent Section or Teacher Dashboard section of the Services. Librarians and those with Personal Library Accounts or Library Home Checkout Accounts may contact us as described in Section 13 (Contact Us) below to cancel such Accounts.

For Family Accounts that have been canceled, and Personal Library Accounts and Library Home Checkout Accounts, if the Account remains inactive for 24 months, we will delete all PI in our active databases associated with the Account (Account Information), unless otherwise stated in this Privacy Policy. The 24 months is provided so that you have the ability, following cancellation of a Family Account or inactivity, to reactivate your Account and potentially recover previous information and resume where the Child User left off. However, we provide no guarantee, and shall have no liability or obligation to ensure that all Account Information and Services-related progress will be available or accessible or all learning or personalization features will be able to be recovered or resumed. If a User requests that PI be deleted prior to the end of the 24-month period of inactivity, we will take commercially reasonable steps to satisfy that request; provided, however, that if the User is a California resident the provisions of Section 8 below shall be followed.

For Teacher Accounts and Community Center Accounts, if you cancel your Account, we will delete all Account Information 48 hours after the cancellation, unless a Child User’s parent or legal guardian has linked to the Account, in which case we will delete that Child User’s Account Information as described in the previous paragraph. Please note that canceling an entire Teacher Account or Community Center Account will result in the loss of activities and progress data for every Child User, except for Child Users whose parents or legal guardians have linked to the Account. If a Teacher Account or Community Center Account is not canceled, we will delete all Account Information 24 months after the last activity on the Account.

For School Accounts, Adult Users should contact their respective Educational Institution for any questions regarding Account cancellation and data deletion. If an Educational Institutional terminates its agreement with AofL Schools, AofL Schools will delete, or if requested by the Educational Institution, transfer to the Educational Institution all Student Data within 90 days (or a shorter time frame if required by applicable law) following the termination of the agreement with the applicable Educational Institution.

Upon Account cancellation, de-identified Adult and Child User information may nonetheless persist internally in our archive files or similar databases, and may still be used, on a de-identified basis, for our internal support, administrative, and record-keeping purposes including, but not limited to, allowing us to improve the Services and other services we provide through research, evaluation, and analytics as permissible by applicable law.

Please note that following a request to delete information or your Account under Sections 6 or 7 of this Privacy Policy, information including PI may remain in backup or archive records, and we may retain certain data if required by law, relevant to preventing fraud or future abuse, or for legitimate business purposes, such as account recovery and customer support, and all subject to our internal records retention periods. All retained data will continue to be subject to the Privacy Policy in effect at that time and applicable law.

 

8. California Privacy Rights

Effective January 1, 2020, the CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. In this section "you" or "your" refers to California residents. Under the new law we are required to disclose the categories of sources from whom we collect personal information, and the third parties with whom we share it, which we have explained above. We are also required to communicate information about rights you have under California law, such as:

 

  • Right to access Personal Information. You may be entitled to receive the specific pieces of your Personal Information we hold.

  • Right to data portability. You may be entitled to receive a copy of your electronic Personal Information in a readily-usable format.

  • Right to disclosure. You may be entitled to receive information regarding the categories of Personal Information we collected, the sources from which we collected Personal Information, the purposes for which we collected and shared Personal Information, the categories of Personal Information that we sold and the categories of third parties to whom the Personal Information was sold, and the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding your request.

  • Right to deletion. You may be entitled to request that we delete the Personal Information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need or be required to keep such information, such as for our legitimate business purposes or to comply with applicable law.

Right to opt-out of certain sharing with third parties. You may be entitled to direct us to stop disclosing your Personal Information to third parties for monetary or other valuable consideration. You can exercise such right to opt-out Do Not Sell My Personal Information.

As stated in the Summary of Key Points above, we will never monetize the Personal Information of any User of the Services by providing it to a third party in exchange for money. The CCPA has a broader definition of the term "sell" which includes disclosing Personal Information to any third party for valuable consideration. When we work with our advertising partners we are disclosing certain information such as cookies for their services, which are of value to us. You may be entitled to direct us to stop disclosing your Personal Information to third parties for monetary or other valuable consideration. You can exercise such right to opt-out Do Not Sell My Personal Information.

In addition, we are required to provide you certain information about the business and commercial purposes for which we collect and share your personal information.

We use and disclose the information we collect for the business purposes described in this policy, including but not limited to: process payments, conduct research, detect security incidents and prevent fraud, debug and repair errors, maintain your account, provide customer service, and other activities to improve our service, show advertising, market our services, and understand how users interact with our services.

In the preceding 12 months, we have also disclosed the following categories of personal information for one or more business purposes: identifiers, commercial information, internet or electronic network activity information, geolocation data, and inferences we draw or derive about users.

We use and disclose the information we collect for the following business purposes: enabling and affecting commercial transactions and advancing our commercial and economic interests, such as delivering interest-based advertising to Adult Users and analyzing the effectiveness of our advertisements.

Exercising Access, Disclosure, Data Portability, and Deletion Rights

To exercise the access, disclosure, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either contacting us as set forth in in Section 13 (Contact Us) below.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your Child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Non-Discrimination

We fully support your privacy rights and will not discriminate against you for exercising any of your CCPA rights.

 

9. Links to Other Services

In certain sections of the Services, we may include links to external websites or applications (for example, Facebook and Twitter). However, in order to protect children from accessing these external websites, an Adult User will be required to enter a valid password. These websites and applications are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage you to review the privacy policies and information collection practices of any external websites and apps, as those parties’ practices would not be subject to this policy.

 

10. Location of Information Processing

The Services are controlled and operated by us from the United States. Your information may be stored and processed in any country where we have facilities or in which we engage service providers, including the United States, which may have data protection laws that are different from those of your country. In addition, your information may be subject to access requests from governments, courts, or law enforcement officials in countries where it may be processed, under the laws of those countries.

 

11. Security

The security of your personal information is important to us, and we employ physical, technical, and administrative security measures designed to safeguard the information collected by the Services. We use industry standard SSL (secure socket layer technology) encryption to transfer PI. Other security safeguards include, but are not limited to, data encryption, firewalls, and physical access controls to buildings and files.

Account holders create a password in the registration process. You can help protect against unauthorized access to your Account and PI by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. At registration, we assign a Member ID to each Account and use those Member IDs to authenticate logins, allow access to the subscription content, and monitor compliance. The Member ID is also used to authenticate users when requesting technical support. Access to information is limited (through user/password credentials and two-factor authentication) to those employees who require it to perform their job functions.

 

School Accounts

We are committed to maintaining the security and confidentiality of your and your children’s information, including, but not limited to, any Student Data, which we receive through School Accounts. Some of the precautions we take include (a) limiting employee access to your and your children’s PI to only those employees with a need to such access to fulfill their job responsibilities; (b) conducting background checks on our employees and, specifically, upon all employees that may have access to Student Data; (c) requiring employees to sign confidentiality agreements upon hiring; (d) conducting regular employee privacy and data security training and education; and (e) protecting PI with commercially reasonable technical, contractual, administrative, and physical security safeguards.

Please be aware, however, that no information system can be guaranteed to be 100 percent secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the internet and wireless networks. If you have reason to believe that your interaction with us is not secure, please contact us as described in Section 13 (Contact Us) below.

 

12. Changes to Our Privacy Policy

We constantly try to provide the best services, and accordingly our Privacy Policy will change from time to time. If we update this Privacy Policy, we will notify you by posting the revised Privacy Policy on the Services, and for certain revisions that materially expand the ways in which we use or share the information previously collected from you through the Services, either display an alert next to the Privacy Policy, display an alert upon login to the Services, or directly communicate with you (e.g., via the email address associated with your Account).

If you have a School Account, any modifications to this Privacy Policy will only apply to you and your Child User in accordance with the Creative Clinical Consulting, LLC agreement with your Educational Institution.

 

13. Contact Us

Creative Clinical Consulting, LLC and Center for Creative Arts Therapy are each located in the United States of America. Creative Clinical Consulting, LLC is the operator of all of the Services for Consumer and Other Accounts. Creative Clinical Consulting, LLC DBA Center for Creative Arts Therapy, holds licenses to sell, distribute, and operate Arts Playschool for Schools and School Accounts. Questions regarding this Privacy Policy and issues related to your or a Child User’s information for which you are responsible should be directed to us via any of the following methods:

For Consumer and Other Accounts

Mailing address:

Center for Creative Arts Therapy
Attention: Arts Playschool
4336 Saratoga Ave., 2nd Floor
Downers Grove, IL 60515
USA

Email of Designated Agent: info@artsplayschool.com

© 2017-2020 Arts Playschool & Center for Creative Arts Therapy