CURRICULUM HUB TERMS OF SERVICE

Scope.  These terms and conditions apply specifically to your use of the Slumberkins Educator Curriculum Hub (the “Service”).  These terms and conditions are in addition to the terms of service that govern your use of Slumberkins’ website, https://slumberkins.com/, generally (the “ToS”), and Slumberkins’ Privacy Policy.  If there is a conflict between these terms and conditions and the ToS, these terms and conditions will govern and control, but only with respect to your use of the Service.     

Usage Rights.  During period of time for which you have purchased the right to access and/or use the Service from Slumberkins, Slumberkins hereby grants you a limited, revocable, nonexclusive, nonsublicensable, nontransferrable right and license to access and use the products, resources, and materials provided by Slumberkins via the Service (collectively, the “Materials”), in each case, subject to the following conditions and restrictions:

(i) The Materials may be used for non-commercial purposes only, either for your personal use, or if you are using the Materials in an educational setting, for educational use.

(ii) Except as expressly permitted herein, the license rights granted herein do not include the right to copy, print or download the Materials apart from the Service.

(iii) The license rights granted to you include the right to make printouts and/or copies of the Materials, but only as follows: (a) you may download the Materials as necessary for you to view the Materials for your permitted use; and (b) you may save a copy of the Materials as necessary for your permitted use.  Any copies of the Materials shall retain Slumberkins’ and/or its licensors’ copyright and/or other proprietary notices, in addition to any and all disclaimers and/or limitations included in the Materials.  You may not modify any printouts and/or copies of the Materials. 

(iv) Except as expressly authorized by Slumberkins, you may not reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of the Materials (except to the extent permitted by applicable laws), and you may not transfer or distribute the Materials in any form, for any purpose.

(v) You may not use the Materials to create products or perform services which compete with or interfere with those of Slumberkins and/or its licensors.  

Accessing the Service. You are responsible for: (i) making all arrangements necessary for you to have access to the Service, including without limitation, your Internet connection; and (ii) ensuring that all persons who access the Service through your Internet connection are aware of these terms and conditions and comply with them.  You are responsible for all use of the Service and/or the Materials by any third party using your user account and/or password.  

Service Availability.  You may use the Service when and as available. Although Slumberkins generally intends for the Service to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). Slumberkins further reserves the right to change, modify, eliminate and/or restrict or block access to all or any part of the Service, including any features or content displayed or made available through the Service, from time to time with or without notice to you, in Slumberkins’ discretion.  Slumberkins will not be liable to you if for any reason all or any part of the Service is unavailable at any time for any period.

Intellectual Property Rights.  The Service and the Materials are owned by Slumberkins, its licensors, or other providers, and the Materials are protected by United States and international copyright, patent, trade secret, and other intellectual property or proprietary rights laws.  Except as expressly set forth herein, no right, title or interest in or to the Service or the Materials is transferred to you, and all rights not expressly granted to you are reserved by Slumberkins.  Any use of the Service or the Materials other than as authorized herein may result in the immediate suspension or termination of your usage rights.  

Systems Data.  You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of Slumberkins.  For purposes of clarity, Slumberkins may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, Slumberkins may use, publish and/or share Systems Data with others for any lawful purpose, including without limitation, to promote the Service and/or Slumberkins’ products or services, for evaluating the efficiency, utility and functionality of the Service and/or Slumberkins’ other products or services, and for enhancing and improving the Service and/or Slumberkins’ other products or services.  “Systems Data” means all data, content and information regarding your use of the Service in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Service.

No Reliance.  Slumberkins makes no representation or warranty that the Materials or any information therein is accurate, reliable, up-to-date, sufficient, or complete.  The Materials are provided for informational purposes only.  If you are using the Materials for educational purposes, Slumberkins does not warrant or guaranty that the Materials meet or comply with any educational requirements, certifications, or standards.     

Third Party Materials.  The Service may display or make available, and the Materials may include, third party content or provide links to third party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that except where Slumberkins expressly states otherwise, Slumberkins is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Slumberkins does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. 

No Warranties. YOU AGREE THAT THE SERVICE AND THE MATERIALS ARE PROVIDED BY SLUMBERKINS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SLUMBERKINS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SLUMBERKINS FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE SLUMBERKINS’ PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE SERVICE OR THE MATERIALS OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE SERVICE AND/OR ANY MATERIALS IS WITH YOU.

Limitation of Liability.  

(i) TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER SLUMBERKINS NOR ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SERVICE OR THE MATERIALS, EVEN IF SLUMBERKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

(ii) IF FOR ANY REASON SLUMBERKINS IS FOUND LIABLE HEREUNDER, SLUMBERKINS’ TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO SLUMBERKINS IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO LIABILITY; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

Termination.  Unless earlier terminated as set forth herein, you may access and/or use the Service and/or the Materials for the period of time for which you have purchased such rights from Slumberkins.  Your usage rights may be terminated as follows:  

(i) If you no longer wish to access or use the Materials, you may terminate your usage rights by emailing hello@slumberkins.com. 

(ii) If, for any reason, Slumberkins believes that you have not complied with these terms and conditions, Slumberkins may, in its sole discretion, immediately and without notice to you, suspend your right to access and use the Service and/or the Materials and/or terminate your usage rights. 

No Assignment.  The usage rights you have purchased to use the Service are personal to you.  You must not transfer, subcontract, delegate or assign your usage rights to any other company or person.

Amendments. Slumberkins may revise and update these terms and conditions from time to time in its sole discretion. All changes are effective immediately when Slumberkins posts them, and apply to all access to and use of the Service and the Materials thereafter. Your continued use of the Service and the Materials following the posting of the revised terms and conditions means that you accept and agree to the changes. 

 

Updated April 2022